Laserfiche WebLink
preserve or protect in its operations any Materials which,under good mining practices,cannot be <br /> mined or sold at a reasonable profit to the Company at the time they are encountered <br /> b. The Company shall have the right to construct,maintain,and use roads,pipe <br /> Lines,power lines, telephone Lines, conveyors and stockpile areas and any right-of-way it deems <br /> necessary or desirable for its operations on the Property related to the Company's operations under <br /> this Lease.The Company shall have the right during the Term of this Lease and without payment to <br /> Lessor(except for Sales Royalties payable pursuant to Section 3 and Advance Minimum Royalties <br /> payable pursuant to Section 4)to strip and remove overburden and otherwise to use and occupy the <br /> Property as is reasonably required in connection with mining, quarrying, extracting, processing <br /> (inchuding tailings-washed fines storage facilities), storage, transportation, sale and removal of <br /> Materials from the Property and from other properties on which the Company is conducting <br /> operations. Access shall be through the State Land Lease to County Road 4. <br /> C. The Company shall have the right to construct and maintain Plants on the <br /> Property at a location selected by the Company,and Lessor agrees that the Company shall have full <br /> right of access for the construction,use and maintenance ofthe Plants and for stockpiling Materials <br /> processed or to be processed,whether from the Property or from other properties on which the <br /> Company is conducting operations. Any access easement and conveyor easement shall be St)feet <br /> in width within the Property. Any conveyor easement shall include but not be limited to the right <br /> to construct, operate, maintain, repair and remove a conveyor system and similar, related or <br /> incidental improvements for purposes of transporting Materials across the Property. The Company <br /> shall have the right to place washed fines from the Property in mined out areas at no additional cost <br /> to Company under this Lease. <br /> d. The Company hereby agrees to apply for zoning classifications,variances or <br /> exceptions,and governmental approvals,permits,licenses or rights related to and required for the <br /> Company's operations hereunder,at the Company's cost.The Lessor agrees to cooperate with the <br /> Company in obtaining such approvals and to execute or join in applications, plats and other <br /> documents which are required to obtainthe same that are reasonablyrequired in connection with the <br /> operations that are contemplated under this Lease;provided, however,the Company shall provide <br /> bonds or other financial assurance for its operations,including for the restoration,reclamation or <br /> rehabilitation ofthe Property,as may be required or advisable to obtain such permits and approvals. <br /> C. Lessor shall have the right to continue use of the surface of the Property <br /> during the Term of this Lease. The reserved surface use includes, but may not be limited to, <br /> residential,waterbau.liug operations;equipmentstorage,cow-calflivestockoperation,andhaystack <br /> yard Any lease or other agreement for such use shall be made expressly subject to the Company's <br /> rights hereunder,and the Company shall have no obligation to pay Lessor or any surface user for <br /> impairing such use in connection with the Company's operations hereunder. <br /> 4. Water AuMentation and Dewaterina. The Company shall be responsible for <br /> obtaining approval of any substitute supply plan or other approval for its water needs, including <br /> without limitation, evaporation losses occurring I rom groundwater exposed by mining during the <br /> operations. The Company shall be responsible for adjudicating an augmentation plan as to the <br /> c:A7rnuvti13mcIAEIyRm2chVz"e-G:avd.wp4 Page 2 <br />