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proportion that the interest of'the Lessor in the Materials bears to one <br /> hundred percent ( I OOVO of Be Materials m ikh the Property. <br /> d. Ihe Company's obligation under this Lease is conditioned upon the <br /> Company obtaining all required permits for mining and access to the <br /> public road"u) on terms reasonable satisfactory to the Compaq. If <br /> the Ownpany cannot. after exercising, reasonable diligence. obtain such <br /> permits on terns, reasonable satisfactory to the Company within six <br /> months alter commencement of this Lease. then the Compaq may. at <br /> its election. terminate this lease be notice to the Lessor and. upon <br /> Such termination. shall be entitled to refund of the entire anlulunt paid <br /> be the Company upon execution of this Lease. <br /> C. This Lease shall be sliblect to any and all CSiSting and:'or Suhscyucnt <br /> oil and gas or other mineral leases or other agreements regarding oil <br /> and gas or other mineral operations of'the Propert� during, the feral of <br /> this Lease. Ifthe "hole or any part of t}lc Property is affected b� any <br /> oil and gas production at any time during the terns of this Lease. <br /> Lessor and the C'ompan} shall each be entitled to share in the a%%ard to <br /> the extent of their respective interests in the Property \\ith respect to <br /> am damages or losses. In the exent onl, a portion of the Propert, is <br /> affected. and if noteithstanding such production the C'(ltllpa►l� %%ill be <br /> We to continue to conduct its business in the remainder ofthe <br /> Property in substantially the manner it was being conducted <br /> immediately prior to such production. this Lease shall cease only as to <br /> Be part afli:cted. If. ho"eeer. b) reason ofthe oil and gas production <br /> there is not sufficient property left in or upon the Property for the <br /> Company to conduct its business in substantially the manner in N\hicll <br /> it yeas being conducted inuncdiatel� prior to such production. then and <br /> in such exent this Lease shall ternlinmo All Wages or losses <br /> a"urded on account of the interest of the Lessor shall be paid to the <br /> I.essor and all awards on accourn of Co►llpanl s leasehold ime► st <br /> shall be paid to Company. The allocation ofan� lump Sum a\\ard for <br /> any damages or losses bet"cen Lessor and Company shall be male h\ <br /> agreement hct\\ecn them. ifpossiblc, or if the parties cannot agree t I <br /> the value of I.CSSoi''ti interest in the property affi:cted b� such taking <br /> and under this Lease. and (5) the value of Company's interest therein <br /> under the Lease. <br /> l'. Lessor represents to the best of its inRnmation and hno"Iedge that the <br /> Property constitutes a leval lot tinder applicable lei%\ and that no <br /> subdi\ision approN al is required Ar the Company's operation on the <br /> Propert� or lily the granting ofthis Lease. <br /> 1 1. Labor and Materials. The Compaq agrees to keep the Propert� free and clear <br /> or liens charges. claims or demand arising from the C.o►llpain) s operations <br /> LeSSoI' Initials <br /> 7 <br /> Lessee Initials _ /�. <br />