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5.3. Import Fee: Tenant shall not be required to pay an Import Fee on any Material imported <br /> from other sources. Tenant shall pay the Sales Royalty rate per ton when imported <br /> material is sold or exported from the Leased Premises. <br /> 5.4. Weighing of Materials & Commingling: For purposes of calculation of Sales Royalty <br /> and/or Import Fees,quantities of Materials removed from the Leased Premises on which <br /> a Sand and Gravel Fee (whether Sales Royalty or Import Fee) is due will be measured as <br /> follows: <br /> 5.4.1.Use of Scales: Quantities of Material removed from the Leased Premises on which <br /> the Sales Royalty is due will be measured on the property as follows: All Materials <br /> shall be weighed on a scale (or scales) which are certified and licensed by the State <br /> of Colorado, over which all Materials removed from the Leased Premises shall be <br /> weighed, and Tenant shall keep accurate records of all weights of such Materials, <br /> including date and time when weighed, and including empty weights of trucks or <br /> other vehicles transporting the Materials, and a reasonable identification of such <br /> vehicles,which shall be available for inspection by Landlord at all reasonable times <br /> during business hours. When Materials on which a Sand and Gravel Fee is due are <br /> mixed with non- excavated Materials (for example, in case of mixing Sand and <br /> Gravel with water and Portland cement in the concrete batch Plant), then for the <br /> purpose of calculating the Sand and Gravel Fee,the weight of the Materials used in <br /> the mixture will be determined using the certified scales at the batch plant that <br /> measure the weight of the Materials that comprise the mixture and deducting the <br /> weight of the added non-excavated Materials,if necessary.Upon written request by <br /> Landlord, Tenant shall provide within ten (10) days records of orders, weights, <br /> certificates and other documents that verify the weight of the Materials used in a <br /> mixture. <br /> 5.4.1.1.Scale Adjustments: Accuracy of the scale shall be checked and adjustments <br /> made annually. Records of the accuracy check and adjustments shall be <br /> preserved and made available in the same manner as other records.An annual <br /> record of sale certification will be sent to Landlord by February 1 of each year. <br /> • i <br /> 5.4.1.2.Accounting; Records: Recycle or Waste Material shall be weighed upon sale <br /> or removal from the Leased Premises, with the quantity and type of Material <br /> • being recorded. Products containing reprocessed Recycle Material or Waste <br /> Material shall be weighed upon leaving the Leased Premises in the same <br /> . — manner as other products containing Sand and Gravel aggregate. An annual <br /> updated record of sales will be sent to Landlord by February 1 of each year. <br /> • <br /> 5.5. Ownership: Recycle Material and Waste Material shall be the property of Tenant. As <br /> deemed necessary by Tenant,Tenant shall bring in the crushing equipment to crush the <br /> Recycle Material or Waste Material. <br /> M <br />