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and expense, accountants, engineers and other professionals necessary to inspect such records <br /> and verify such calculations. Acceptance of any Royalty Payments under this Lease shall not <br /> prejudice the right of Lessor to verify the accuracy thereof, provided, however, that any such <br /> verification shall not extend back in time by more than twelve (12)months. <br /> 4. Ancillary Rig=hts. <br /> (a) As part of the Approved Use, Lessee shall have the right to remove any <br /> and all topsoil or overburden above or covering any Material; provided, however, to the extent <br /> practicable and reasonable, said topsoil and overburden shall be stockpiled by Lessee for <br /> replacement and reclamation. Notwithstanding the foregoing, nothing contained herein shall be <br /> construed to prohibit Lessee from using so much of said topsoil and overburden as is reasonably <br /> necessary for the Approved Use. <br /> (b) Lessee shall also be permitted to use the Leased Premises for the purpose <br /> of erecting and/or installing any and all equipment that Lessee may reasonably need to extract <br /> and remove the Material, and to grade roads or other rights-of-way to any and all points on the <br /> Leased Premises reasonably necessary to or useful for the production and removal of the <br /> Material. Lessee shall also be permitted to place on the Leased Premises any and all equipment, <br /> machinery, toolsheds and other structures which it deems necessary in connection with its <br /> operations and the stockpile of the Material on the Leased Premises, with the full right and <br /> obligation to remove all such machinery, equipment and structures and stockpile of Material <br /> and/or Recycle Materials within six(6) months after termination of this Lease. Lessor(including <br /> agents of Lessor) shall be permitted to access the Leased Premises during the Initial Term and/or <br /> Renewal Periods, for purposes of inspecting the progress of mining and environmental <br /> compliance, provided Lessor gives 72 hours' prior written notice to Lessee. Lessee may require <br /> that its personnel accompany Lessor while on the Leased Premises. <br /> (c) Lessor covenants and warrants that it owns the Leased Premises in fee <br /> simple title, that it has full right and lawful authority to make this Lease and that Lessee shall <br /> have quiet and peaceable possession of the Leased Premises during the Term hereof so long as <br /> Lessee performs its obligations under this Lease. Lessee has reviewed the title to the Leased <br /> Premises and accepts the easements and other matters affecting title of record as of the Effective <br /> Date. <br /> (d) Lessee shall not mortgage, encumber or grant a security interest in the <br /> Leased Property for purposes fmancing its mining operations thereon or otherwise. Lessee shall <br /> not suffer mechanic's liens being filed against the Leased Property, and in the event any such <br /> liens are filed against the Leased Property by any of Lessee's employees, agents, contractors or <br /> third parties in connection with Lessee's operations on the Leased Property, Lessee shall take <br /> prompt action to ensure that such liens are removed, which actions may include the use of bonds <br /> for any such lien disputed in good faith. <br /> 5. Permits: Reclamation: Reports and Assessments. <br /> (a) Lessee shall obtain (or maintain if already obtained by Lessor), without <br /> Page 3 of 10 <br /> Flintstone-Scott Mining Lease <br />