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ARTICLE V WEIGIIENG OF MATERIALS Section 5.1 For purposes of calculation of Production Royalty, quantities of Materials sold and/or removed from the Property on which Production Royalty is due will be measured as described below. For purposes of this Lease, any materials that are removed from the Property shall be considered removed and sold regardless of whether Lessee has or will receive compensation for such Materials. Section 5.2 Use of Scales; Scale Adjustments. All Materials shall be weighed on a certified scale upon sale and removal from the Property. Accuracy of the scales at the Plant shall be checked and adjustments made at least as often as required to continue to be certified under all applicable laws rules and regulations. Records of the accuracy check and adjustments shall be preserved and made available in the same manner as other records. ARTICLE VI OPERATIONS Section 6.1 Minim Practices, Compliance with Laws. Lessee shall conduct its operations on the Property in a prudent and workmanlike manner and in accordance with good and accepted mining and business practices and in compliance with the Permits as well as all applicable federal, state and local laws, rules and regulations. The timing, nature, manner and extent of mining operations, processing and sales shall be within the sole discretion of Lessee, except that Lessee will not occupy more than 100 acres at any one time for mining operations. Lessee shall not be required to mine, preserve or protect in its operations any Materials which, under good mining practices, cannot be mined or sold at a reasonable profit to Lessee at the time they are encountered. Section 6.2 Use of Property. Lessee shall have the right to construct, maintain, and use roads, pipe lines, power lines, telephone lines, and stockpile areas and any right of way it deems necessary or desirable for its operations on the Property related to Lessee's operations under this Lease. Lessee shall have the right during the Lease Term and without payment to Lessor to strip and remove overburden (subject to the Permits) and otherwise to use and occupy the Property as is reasonably required in connection with mining, quarrying, extracting, processing (including tailings-washed fines storage facilities), storage,transportation, sale and removal of Materials from the Property and from other properties on which Lessee is conducting operations. Section 6.3 Processinjz Plant. Lessee shall have the right to construct and maintain a processing plant ("Plant") at a location selected by Lessee and approved by Lessor in compliance with applicable zoning, and Lessor agrees that Lessee shall have full right of access for the construction, use and maintenance of the Plants and for stockpiling Materials processed or to be processed, whether from the Property or from other properties on which Lessee is conducting operations. Lessee may construct and operate a Plant for asphalt or concrete operations, subject to issuance of regulatory permits. Section 6.4 Zoning. Lessor hereby authorizes Lessee, at Lessee's expense and in Lessor's name, if required, to apply for zoning classifications, variances or exceptions, and the Permits, and agrees to cooperate with Lessee in obtaining such approvals and to execute or join in applications, plats and other documents which are required to obtain the same that are reasonably required in connection with the operations_that are contemplated under this Lease; provided, however, that (i)Lessee shall provide bonds or other financial assurance for its operations, including for the restoration, reclamation or rehabilitation of the Property, as may be required to obtain such permits and approvals, and(ii) any such approvals and permits shall be assignable to Lessor upon, Lessor's discretion, at the end of the Lease Term or earlier termination of this Lease. 3