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use, less the actual cost of transportation from the mine to the closest <br /> feasible point of sale, less costs of processing including smelting <br /> charges and deductions and other treatment costs. <br /> Gross Market Value means the value of the ore or products after <br /> extraction and at the mine. (See 39-6-106)(E)(h)-CRS). <br /> Royalty shall be due and payable on or before the last day of each <br /> calendar month during the term of this lease for ores, minerals and other <br /> materials mined and removed for sale by Lessee during the preceding <br /> calendar month. <br /> Reporting of production royalty that is credited against advanced <br /> minimum royalty is also due on or before the last day of each calendar <br /> month for mining during the preceding calendar month. <br /> Withic, sixty days prior to the termination of each and every <br /> five-year period ..r In ..- this -c_se r^-a: ie offe^_t, Lessor may <br /> reappraise the property herein leased and fix and determine the rate of <br /> production royalty to be paid during each year of the succeeding <br /> five-year period. Failure to comply with any new royalty rate set by <br /> Lessor may subject this lease to cancellation by thirty-day written <br /> notice by Lessor. <br /> 3. WEIGHTS -- It is agreed that all ores, minerals and other materials mined <br /> and taken from the leased premises shall be weighed and assayed and the <br /> weight and assay 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 shall be determined by official scales or <br /> by weight determined at the mine tipple, or by weightometer. <br /> 4. EXTENSION -- Lessee may have a preferential right to renew the lease or <br /> to receive a new lease under one or more of the following conditions: <br /> A. Lessee shall furnish to Lessor satisfactory evidence of plans for <br /> mining during the term of the renewed lease or during the term of a <br /> new lease. <br /> B. Lessee shall furnish adequate geological evidence to Lessor that the <br /> acreage subject to the renewed or new lease is in fact an integral <br /> part of and contains reserves in a logical mining unit. Whether the <br /> acreage is or is not a part of a logical mining unit will be <br /> determined by Lessor. <br /> C. An extension of this lease would, as determined by Lessor, be in the <br /> best interest of the State. <br /> At the time of expiration of this primary lease, the following may be <br /> considered in the determination of the conditions of an extension or a <br /> new lease. <br /> A. An advance minimum royalty, the amount to be negotiated at the time <br /> of this extension, will be due and payable annually commencing on the <br /> date this lease is renewed or a new lease is executed and shall <br /> continue until the expiration of the new or renewed lease. This <br /> amount may be adjusted by Lessor at the end of each five-year period <br /> of the renewed or new lease. <br /> d. At the end of the primary lease term or at any time during this <br /> priiT.xry lease term when a permit is issued by the Mined Land <br /> Reclamation Division for a mining operation on a specific parcel of <br /> these described lands, Lessee may be required to apply to Lessor for <br /> one or more individual mineral leases of not more than 640 acres if <br /> State mineral rights stand alone, or not more than 1,280 acres if <br /> State mineral rights have a common boundary, but in no case not more <br /> than the acreage of this lease. Type of lease will be determined by <br /> Lessor at that time based on Lessor's mineral classification system. <br /> 5. EXTENSION BY PRODUCTION -- This lease may not be held in perpetuity; <br /> however, the lease will continue in effect for so long as minerals are <br /> produced in paying quantities. Cessation of production for a period in <br /> excess of 180 consecutive days will automatically remove lease from <br /> producing status unless otherwise agreed to in writing by Lessor. Lessee <br /> shall notify Lessor of each cessation of production, the reasons <br /> therefor, and the time period during which production will or did cease. <br /> 3 <br />