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(6)month period shall belong to,and may be sold by,Trust or their successor operator of the Quarry),and <br /> BV shall pay the Rent allocable to BV's sale of such stockpiled Materials during such up to six(6)month <br /> period,but the parties agree that the above minimum rental amounts shall not apply to such 6-month period <br /> after the end of the Term. <br /> 6. Access. Trust and BV acknowledge that the existing roadway access to the Quarry runs between <br /> two homes on the Property ("Existing Roadway"). Trust and BV agree to cooperate regarding the <br /> relocation such roadway along the southern-most boundary of the Property in the location previously agreed <br /> to by BV and Trust,as shown on Exhibit A attached hereto(the"Access Roadway"). The parties agree that <br /> the Access Roadway will be a rock/gravel road and will be built(along with the associated culvert)by BV <br /> at its sole cost and expense,subject to County approval. <br /> Prior to the completion of the Access Roadway, Trust hereby grants BV the limited right to use the <br /> Existing Roadway in order to access the Quarry and to prepare the Quarry for operations. Should the <br /> Existing Roadway be damaged in any manner though BV's use of the same,BV agrees to repair the Existing <br /> Roadway upon request of Trust at BV's sole cost and expense. If Trust determines in its sole discretion that <br /> the use of the Existing Roadway is excessive or unreasonable, Trust hereby reserves the right to revoke <br /> BV's right to use the Exiting Roadway upon written notice to BV. <br /> 7. Additional Obligations of BV. In addition to its other obligations under this Lease,during the <br /> Term of this Lease, BV agrees: <br /> (i) By, at its sole cost and expense, will supply all equipment and labor for mining, <br /> processing and sale of the Materials. <br /> (ii) BV will comply with all MSHA and state permits, including the preparation and <br /> filing of necessary reports,in its operation of the Quarry. <br /> (iii) BV shall have the right to haul the Materials from the Quarry only on the Access <br /> Roadway,the proposed location of which is shown on Exhibit A attached hereto. <br /> At its sole cost and expense, BV shall maintain the Access Roadway in good <br /> condition and state of repair. <br /> (iv) BV shall maintain in good repair(i) the Access Roadway, and (ii) all fences and <br /> gates located in, on and surrounding the Quarry at its sole cost and expense. <br /> (v) BV shall provide and install lockable gates at all entrances into areas of the Quarry <br /> being used or occupied by BV as well as security fences, all to the reasonable <br /> satisfaction of Trust. The gates will be kept locked during the hours when <br /> operations are not being conducted, and at all times when the areas are not <br /> occupied by BV's personnel. <br /> (vi) At BV's sole cost and expense, BV may work with Trust to initially clean up the <br /> Permitted Quarry property by removing certain old cars and equipment currently <br /> disposed of on the Quarry. Any proposed clean up by BV will be at Trust's sole <br /> and absolute discretion. <br /> 3 <br />