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and other vegetation has been performed, and that Tenant is working diligently to monitor growth of vegetation and perform and other monitoring required,.and is diligently working to obtain release of reclamation financial warranties. The period commencing on the commencement date of this lease through and including the date on which this base is terminated is referred to hereafter as the"Term". Reclamation will be conducted concurrently with mining. As areas of mining are completed, they will be • backfilled and graded to the final topography. This will lead to the mining and reclamation proceeding in tandem across the site. The maximum disturbed but unreclaimed area will be 10 acres. Once mining has completed in the first lift roughly halfway across the site, the.bottom 30-foot lift will begin mining. Following the mining of this bottom lift,the pit floor will be graded and left with 6-12 inches of Gravel in'a flat to gently.sloping• floor towards Highway 6 that extends from US-6 to the 2H:1 V slope. Seeding of the 2H:1 V slope grill be broadcast set at twice the drill seed rate or hydro seeded. Further information on mining and reclamation plans may be found in the Colorado Division of Reclamation,Mining and Safely (DRMS) application.Prior to any site disturbance, Tenant shall provide a reclamation plan for reclamation that shall be subject to review and approval by Landlord. If the Landlord is unable to disapprove the release of the DRMS Bond, Tenant will be required to provide a reclamation bond for half of the amount of the DRMS bond. 2.3.1.Excavation and Removal Operations:Tenant shall have the right to mine, remove, and sell sand and gravel, overburden, shale, clay and topsoil from the Property (herein known as "Material"). Materials are exclusively dirt, sand, rock and Gravel. Gold, Oil and Gas, and other precious metals are excluded from the definition of Materials and belong to VVR, LLC. Tenant shall plan and execute its mining and processing activities in a prudent, workmanlike manner in accordance with accepted practices in the mining industry in the State of Colorado and the regulations of the Mined Land Reclamation Division of the Department of Natural g P Resources of the State of Colorado ("Division"). The Tenant shall retain sufficient topsoil and/or other such materials to assure the meeting of all reclamation requirements on the Property. Tenant may import clean fill that is free of invasive weeds contaminants or non-organic material for reclamation purposes provided by Tenant at Tenant's sole expense,if Tenant secures all necessary approvals. 2.4. Reservations 2.4.1.Materials Excepted,No Royalty is Due: Landlord expressly excepts from this Lease and reserves to itself,all minerals of every kind and character in,on,and under the Leased Premises, other than the commercial aggregate referenced in the definition of Materials, and the right to lease, sell or otherwise dispose of the surface of the Leased Premises, subject to the superior right of Tenant to use so much of the surface of the remaining Leased Premises as is necessary for Tenant to exercise the rights granted under this Lease. However, the movement or use of soils, sand and • rock by Tenant for the purpose of constructing and improving the Leased Premises as required by this Lease shall be permitted and shall not be construed as mining and Tenant shall not be required to pay for, nor pay a production royalty on, quantities of sand and gravel used by tenant in constructing including any work N1 L /AA