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GRAVEL MINING LEASE AGREEMENT <br /> This LEASE AGREEMENT ("Lease") effective as of the 5th day of October, 2011 (the <br /> "Effective Date"), is between Konig Ag Co. , a Colorado corporation, whose principal address is 37231 <br /> Highway 14, Briggsdale, Colorado 80611 ("Lessor") and Superior Oilfield Services Company, Ltd., a <br /> Colorado limited liability company, whose principal address is P.O. Box 336356, Greeley, Colorado <br /> 80633 ("Lessee"). Lessor and Lessee may be referred to individually as a "Party" and collectively as the <br /> "Parties." <br /> RECITALS <br /> A. Lessor is the owner of a tract of land located in Weld County, Colorado, more <br /> particularly described in Attachment A attached hereto and incorporated herein by reference (the <br /> "Property"). <br /> B. The Property contains underground deposits of sand and gravel. <br /> C. Lessee desires to lease and accept from Lessor and Lessor desires to lease and grant to <br /> Lessee a lease on the Property for the purpose and term hereinafter provided. <br /> AGREEMENT <br /> In consideration of the foregoing and the mutual covenants contained in and other valuable <br /> consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: <br /> ARTICLE I <br /> DEFINITIONS <br /> Section 1.1 Definitions. As used in this Lease, the following terms shall have the meanings <br /> set forth below: <br /> Commencement Date shall mean the date that the Contingencies (as defined in Paragraph 7.3 <br /> below) are satisfied or waived by Lessor and Lessee. <br /> Effective Date shall mean the date on which this Lease is executed by both Lessor and Lessee. <br /> Lease Year shall mean a period of twelve months beginning on the Commencement Date or on <br /> any anniversary thereof during the Lease Term; provided however, that if the Commencement Date does <br /> not occur on the first day of a calendar month then the first Lease Year shall include the remainder of the <br /> month in which the Commencement Date occurs and shall end on the anniversary of the first day of the <br /> next calendar month. <br /> Materials shall mean stone, sand and gravel and any valuable solid minerals that are removed <br /> incident to sand and gravel operations hereunder and which are saleable and recoverable from the <br /> Property in the course of such operations. <br /> Product Ton shall mean 2,000 pounds of Materials from the Property used in products that are <br /> measured (or weighted) after making allowance for tailings and wash fines as provided for in Paragraph <br /> 93 (below), subject to the terms of Paragraph 6 below. <br /> Lease Term shall have the meaning given in Paragraph 3 below. <br /> 1 <br />