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Paid when the Products are removed from the Properties. No Product Royalties shall be due for <br />Products that are used for reclamation work if such Products do not represent more than 5% of <br />total Product production. <br />(d) If the Reclamation Period extends beyond one year after the date of <br />expiration of the lease term or other termination of this Lease, Kilgore shall make rental payments <br />to Parkerson in the The first rental payment shall be due and <br />payable on the first anniversary of the date of expiration of the term of this Lease or other <br />termination of this Lease, as the case may be, and additional rental payments shall be due and <br />payable on each anniversary date thereafter until Kilgore's reclamation bond is released. <br />(e) As to the 23%4 Road East Pit, the Reclamation shall include backfill to within <br />three (3) feet of the 100 -year flood plain elevations currently applicable to the Properties. A lake <br />may be left on the 23 %4 Road West Pit. Parkerson agrees that Kilgore may use concrete rubble to <br />backfill up to but not exceeding eight feet below the finished ground level surface. The remainder <br />of the backfill shall be clean fill diart compacted to a density of at least 90% as measured by the <br />standard Proctor compaction test. Kilgore, at its expense, shall be responsible for any permits <br />required for backfilling the Property as set forth herein. <br />(f) Parkerson shall be responsible for reclamation to State of Colorado <br />standards at C Road Pit, Woodring Pit, Unaweep Pit, East Douglas Pit and Sunnyside Pit as to any <br />mining activities performed at these locations by Parkerson during the term of this Lease. <br />9. Acknowledgement. Kilgore acknowledges that: (a) it has been given an <br />opportunity to inspect and measure the Properties and surrounding areas; (b) Kilgore has made <br />such investigation as it deems necessary to determine the fairness of the terms of this Lease; <br />(c) except as otherwise set forth herein, it is not relying on any representation as to the suitability <br />of the Properties for use with the Activities; and (d) that it is leasing the Properties "AS -IS" without <br />any representations as to their condition, appropriateness for Kilgore's intended use, or otherwise. <br />10. Kil ore Compliance. Parkerson shall not be required to tender possession of the <br />Properties to Kilgore until Kilgore complies with its obligation to provide evidence of insurance <br />as further set forth herein. Pending deliver of such evidence of insurance, Kilgore shall be required <br />to perform all of its obligations under this Lease, including payment of the Lease Payments. <br />11. Permits. Kilgore shall acquire and maintain all permits that correlate directly to <br />the Properties ("Permits"). Such permits include, but are not limited to the Colorado Division of <br />Reclamation Mining and Safety (DRM) permit, Colorado Department of Public Health and <br />Environment (CDPHE) fugitive dust air permit for the pit operations, Colorado Water Quality <br />Control Division for the storrnwater permit associated with the pits, and finally a City or County <br />special/conditional use permits tied to the Properties and operations. Kilgore shall be responsible <br />to obtain any permits in order to operate its equipment in the pit Properties. Kilgore shall be solely <br />responsible for dust control and air quality pollution for, and its occupancy/use of the Properties. <br />Parkerson shall assign to Kilgore all existing Permits for the Properties. <br />C.AATTYUV\ParBrolA & GailgoreWuiti-Pit Mining Lease Agiu-7-12-17-01ean.dmx Page 6 of 18 <br />