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3. Assignee shall indemnify and hold harmless Assignor from and against <br /> any and all liability with respect to the future business of Assignee and with respect to all of the <br /> obligations of the Lease assumed by Assignee,without any exception whatsoever. <br /> 4. Assignee shall indemnify and hold Assignor harmless from any and all <br /> penalties, fines, costs, claims, demands,damages or liabilities of any kind,including attorneys' <br /> fees and,costs,arising out of or in connection with the operations, activities or omissions of <br /> Assignee relating to the Lease and/or the Leased Property. <br /> 5. 1n consideration of this Assignment, Assignee shall pay to Assignor a <br /> royalty payment of per ton of Extracted Materials from the Leased Property for <br /> the first 4=0 tons per year and thereafter the Royalty Payment shall bed <br /> per ton per year with a minimum annual Royalty Payment o— <br /> f year payable in monthly installments(due on the 151,day in the <br /> month fo ow>n commencing on the date hereof and continuing for a period of ten(10)years <br /> and thereafter the Royalty Payment shall be per ton of <br /> Extracted Materials from the Leased Property with a Minimum Royalty of Six Hundred <br /> per year;provided,however: (1)in the event that the total Royalty <br /> Payment and the Equipment Rental Payment in any given year exceeds the Minimums Royalty <br /> Payment and Equipment Rental Payment(the difference between the actual Royalty Payment in <br /> a given year and the combined Minimum Royalty Payment and Equipment Rental Payment <br /> being a Surplus Payment), the Assignee may use the Surplus Payment as a credit against any <br /> future shortfall, and(II) that the aggregate of the total Royalty Payments to Assignor,plus the <br /> total of to Assignor under the Equipment Lease,shall not exceed <br /> [Signatures on Next Page] <br /> IP qJ1 r? <br /> Blue lease Assignment-Clean 4-19-10 <br /> 2 <br />