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This adjustment will be based on the Consumer Price Index ("CPI") and will <br /> be implemented every other year throughout the life of the Lease. Consumer <br /> Price Index CPI: All urban consumers for the Denver-Boulder-Greeley area <br /> published by the Bureau of Labor Statistics U.S. Department of Labor. If the <br /> index just described or one reasonably similar thereto is no longer published, <br /> then an index accomplishing as nearly as practical the result which would have • <br /> been'obtained by using the CPI if it had been available shall be selected by <br /> • <br /> agreement of the parties hereto. Royalty Rate beyond 2029 will be 20%of the <br /> • <br /> going rate of 3/4 in Road Base or $3.00 + annual CPI increase from 2029, <br /> whichever is higher. . <br /> 5.2.4.Payment Records: Tenant shall keep and maintain adequate and accurate records of <br /> the quantities of Materials mined and sold. The Sales Royalty payments shall be <br /> accompanied by a Quarterly statement with the royalty calculation that includes an <br /> accounting based upon tons of Materials mined from the Leased Premises andsold <br /> or deemed sold pursuant to the quarter. Landlord shall have the right at all <br /> reasonable times during business hours and upon reasonable prior notice to examine <br /> such records of Tenant at the offices of Tenant, and to verify the quantities of <br /> Materials removed, and sold and the accuracy of the scales used to weigh the <br /> Materials through testing and observation. Tenant will provide to Landlord an <br /> • annual verification of tons sold by certified by a CPA in the form of a P&L and <br /> balance sheet for the first two fiscal years. Starting in year three and until the end of <br /> the lease, the Tenant will provide Landlord with a Materials Sold Report produced <br /> by the certified scaling system and accompanying software sales system for the <br /> determination of tons sold per quarter. The Tenant will provide the Landlord <br /> Certified quarterly reports that shall be sent to VVR LLC 232 W. Meadow Dr. Vail, <br /> CO,81657 and will be sent to Landlord by February 1 of each year. <br /> 5.2.5.Imported Materials: Subject to the definition of "Recycle Material" described on <br /> Exhibit B of this Lease, if Tenant chooses to import aggregate Materials from other <br /> sources or to import Recycle Material,Tenant shall pay a fee as outlined in the Sales <br /> Royalty Schedule under section 5.2.3. Upon sale or removal of imported Material <br /> Tenant shall not stockpile or store more than 60,000 tons of imported or <br /> unprocessed Material on the Leased Premises at any time without Landlord's prior <br /> written consent. <br /> 5.2.6.Landlord and Tenant Pricing: Landlord and Tenant shall have the right to purchase <br /> Materials for 67% of the lowest bulk pricing sales rate offered by Tenant to other <br /> consumers. Landlord and Tenant shall have the right to purchase 450 tons annually <br /> at this rate. No Sales Royalty shall apply to Materials sold to Landlord at the <br /> Landlord pricing rate. All Landlord and Tenant Pricing Material is to be used for <br /> personal use by partners within the Landlord's and Tenant's organizations. • <br /> � L <br />