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written consent of Lessor, may otherwise assign this Lease as to the leasehold interest of such Lessee in <br /> all or part of the lands covered hereby so long as the assignment is not less than tracts of <br /> approximately forty (40) acres or governmental tots corresponding to a quarter-quarter section for any <br /> partial assignment. <br /> No assignment of undivided interests or retention or reservation of overriding royalties wilt be <br /> recognized or approved by Lessor, and the effect, if any, of any such assignments or reservations will <br /> be strictly and only as between the parties thereto and outside the terms of this Lease. No dispute <br /> between parties to any assignment or reservation shall operate to relieve Lessee from performance of <br /> any terms or conditions hereof or to postpone the time therefor. Lessor will at all times be entitled to <br /> took solely to Lessee or his assignee shown on Lessor's books as being sole owner hereof, and for the <br /> sending of all notices required by this Lease, for the performance of all terms and conditions hereof. <br /> If an assignment of a part of this Lease is approved, a new lease designated as an assignment <br /> tease will be issued to the assignee covering the lands assigned for the balance of the Term of the base <br /> Lease on the mining lease form in use at the time of assignment and limited as to term as said Lease is <br /> limited. The assignor will be released and discharged from all further obligations for such lands <br /> assigned, as if the same had never been a part of this Lease. <br /> 11. ASSIGNMENT CONSIDERATION -- The consideration for approval of assignment by Lessor, unless such <br /> assignment is from Lessor to an affiliated entity, as described in Paragraph 10, shall be 10%of the value <br /> of any consideration tendered to Assignor by Assignee for the assignment. Divulgence of the value of <br /> these considerations shall be mandatory, in affidavit form, which form shall be presented to Lessor <br /> along with the other assignment instruments in order to obtain Lessors approval for the assignment. An <br /> assignment does not constitute a new lease but is a continuation of the base Lease. Any attempt to <br /> withhold this information shall be construed as an attempt to defraud the State of Colorado and shall <br /> render this Lease null, void and nonexistent, and all moneys paid to Lessor shalt be forfeited to Lessor. <br /> In addition, the current statutory fees will be paid at the time the assignment record form is <br /> submitted. <br /> 12. WEIGHTS -- The parties agree that all Minerals and other materials mined and taken from the Leased <br /> Premises shall be weighed and the weight thereof shall be entered in due form in weight and assay <br /> records kept for such purposes by Lessee. <br /> Ton means 2000 pounds. Ton shalt be determined by Colorado State certified scales or other <br /> methods approved by Lessor. <br /> 13. STEWARDSHIP TRUST STIPULATION—This paragraph is deleted. <br /> 14. MINING METHODS -- Lessee shall use commercially reasonable mining methods that wilt insure the <br /> extraction of the greatest possible amount of Minerals consistent within the laws and with prevailing <br /> good mining practices. <br /> 15. OPERATION PLAN -- All plans for exploration and mining shall be submitted to Lessor for approval by <br /> Lessor before such operations begin. These plans will include, but not be limited to, location of <br /> additional roads, location of access points to the Leased Premises, and location of any cattle guards or <br /> Page 6 of 15 <br /> 13524702 <br />