Laserfiche WebLink
3.Weighing of Materials; Commingling. For purpose of calculation of Sales <br />Royalty, quantities of Materials removed from the Property on which Sales <br />Royalty is due will be measured as follows: <br />a.Use of Scales: All materials shall be weighed on a certified scale upon <br />sale and removal from the Property. If materials on which sales <br />royalty is due are mixed with non-excavated materials (for example, in <br />case of mixing sand and gravel with water and Portland Cement in the <br />concrete batch plant), then for purpose of calculating the sales royalty, <br />the weight of the Subject material used in the mixture will be <br />determined using the certified scales at the Property to measure the <br />weight of the materials that comprise the mixture and deducting the <br />weight of the added non-excavated materials, if necessary. <br />b. Scale Adjustments: Accuracy of the scale shall be checked and <br />adjustments made at least as often as required to continue to be certified. <br />Records of the accuracy check and adjustments shall be preserved and <br />made available in the same manner as other records. <br />4.Operations. <br />a.The Company shall conduct its operations on the Property in a prudent <br />and workmanlike manner and in accordance with good and accepted <br />mining and business practices and in compliance with all applicable <br />federal, state, and local laws, rules and regulations and all applicable <br />permits. The timing, nature, manner and extent of mining operations, <br />processing and sales shall be within the sole discretion of the <br />Company, and the Company shall not be required to mine, preserve or <br />protect in its operations any Materials which, under good mining <br />practices, cannot be mined or sold at a reasonable profit to the <br />Company at the time they are encountered. <br />b. The Company shall have the right to construct, maintain, use roads, <br />power lines, telephone lines, conveyors and stockpile areas and any <br />right of way it deems necessary or desirable for its operations on the <br />Property related to the Company's operations under this Lease. Any <br />roads constructed will remain permanently on the property and the <br />owner will sign a letter stating agreement of such. The Company shall <br />have the right during the Term of this Lease and without payment to <br />Lessor to strip and remove overburden and otherwise to use and <br />occupy the Property as is reasonably required in connection with <br />mining, quarrying, extracting. processing (including tailings-washed <br />fines storage facilities), storage, transportation, sale and removal of <br />3 <br />Lessor Initials k <br />Lessee Initials`Z ' - <br />t