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and culverts necessary to transport water to Its operations, and any relocation of ditches <br /> that is required by the mining operations will be done at the expense of Lessee and at a <br /> time to avoid Interruption of irrigation to other portions of Lessor's property not Included <br /> herein. The parties acknowledge that from time to time it may be necessaryto relocate the <br /> "Spring Ditch"which is the"Geigel Tunnel Ditch & Pipeline and McCarthy Waste Water <br /> Ditch&Upper Extension (Application Water Court 91CW066). In the event new pipe is <br /> laid or pumps Installed, at the end of the termination of the Lease, such property shall <br /> i remain in place and become the property of Lessor. Any such changes/relocations to <br /> either the Basin Ditch or the Spring Ditch shall not be made without notice to,and express <br /> ! consent from, the Lessor. All such changes/relocations,shall be at the sole expense of <br /> Lessee. Lessee shall not make water calls on upstream use without the express <br /> i permission of Lessor. <br /> 16. ASSIGNMENT. <br /> ia. Lessee shall have the right to assign this Lease to a successor operator <br /> only upon prior written approval of Lessor and provided thatsuch successor shall agree to <br /> be bound by and comply with any and all of the terms and conditions of this Lease, the <br /> Special Use Permit,the Mined Land Reclamation Permit above described, and any other <br /> i permits that may be required from time to time. Lessee shall also have the right to <br /> i sublease hereunder,subject to the same written approval and condition of compliance. <br /> b. The sale,transfer,assignment or other conveyance or agreement to do so <br /> (including, but not limited to any involuntary transfer by reason of the death of Lessee's <br /> sherehoider(s) or by bankruptcy of Lessee or judgment or execution) (whether legal or <br /> equitable)of any of the capital stock of Lessee shall be an assignment of the Lease,which <br /> shalt require Lessor's approval as stated above. Lessee states thatas of the execution df <br /> this Lease, William M. Roberts is owner of 100 percent of the issued and outstanding <br /> shares of the capital stock of Lessee.. <br /> c. Lessor has entered into this long-term Lease,relying upon the business <br /> acumen and honesty of William M.Roberts,and for no other reason. Lessor's approval as <br /> stated in paragraphs 16.a or 16.b is discretionary with Lessor, but such consent shall not <br /> be unreasonably withheld,conditioned nor delayed,provided,any assignee or sublessee is <br /> a reputable and experienced mining•and/or concrete batch plant operator. <br /> ( d. MINIMUM ROYALTY IN EVENT OF ASSIGNMENT. <br /> H Lessee shall assign this Lease as'provided in paragraphs 16,a or 16.b herein,then the <br /> successor operator shall pay to Lessor an annual minimum royalty payable in advance of <br /> each year of the Lease term regardless of production or activity on the leased premises. <br /> Such minimum royalty shall be sufficient to keep and maintain this Lease in full force and <br /> effect in the event of non-production or production insufficient to generate a per-ton royalty <br /> equal to the minimum royalty. The minimum royalty shall not be in addition to the per-ton <br /> Page 5 of 6 <br />