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Materials from the Property and from other properties on which the <br />Company is conducting operations. <br />c.The Company shall have the right to construct and maintain Plants on <br />the Property at a location selected by the Company, and Lessor agrees <br />that the Company shall have full right of access for the construction, <br />use and maintenance of the Plants and for stockpiling Materials <br />processed or to be processed, whether from the Property or from other <br />properties on which the Company is conducting operations. Any <br />access easement and conveyor easement shall be 50 feet in width <br />within the Property. Any conveyor easement shall include but not <br />limited to the right to construct, operate, maintain, repair and remove a <br />conveyor system and similar, related or incidental improvements for <br />purposes of transporting Materials across the Property. The Company <br />shall have the right to place fines from the Property in mined out areas <br />at no additional cost to Company under this Lease. <br />d. The Company hereby agrees to apply for zoning classifications, <br />variances or exceptions, and governmental approvals, permits, licenses <br />or rights related to and required for the Company's operations <br />hereunder, at the Company's cost. The Lessor agrees to cooperate <br />with the Company in obtaining such approvals and to execute or join <br />in applications, plats and other documents which are required to obtain <br />the same that are reasonably required in connection with the operations <br />that are contemplated under this Lease; provided, however, the <br />Company shall provide bonds or other financial assurance for its <br />operations. including for the restoration, reclamation or rehabilitation <br />of the Property, as may be required or advisable to obtain such permits <br />and approvals. <br />e.Lessor shall have the right to continue use of the surface of the <br />Property during the Term of this Lease. The reserved surface use <br />includes, but may not be limited to, residential, water hauling <br />operations; equipment storage, cow-calf livestock operations, and hay <br />stack yard. Any lease or other agreement for such use shall be made <br />expressly subject to the Company's right hereunder, and the Company <br />shall have no obligation to pay Lessor or any surface use for impairing <br />such use in connection with the Company's operations hereunder. <br />5.Obligations of Company under the Terms of this Agreement. <br />a.The Company shall be responsible to provide the appropriate <br />reclamation bonding. <br />b. The Company shall be responsible to provide seed and planting of <br />grass associated with reclamation of the mining site. <br />4 <br />Lessor Initials <br />Lessee Initials irIi,,,