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• <br /> associated with Highway 6 Access, maintaining, or repairing roadways on the <br /> property or used in other areas on the property, or sand and gravel used for <br /> reclamationRoyalty shall not be payable on asphalt, gravel, concrete or similar <br /> materials brought onto the property Leased Premise by Tenant for use in <br /> reclamation of the property. <br /> • <br /> • <br /> 2.4.2.Surface Rights Excepted: Landlord and Tenant reserve the right to continue the <br /> current storage park and rental operations-on the eastern 5.6 acres until February <br /> •• <br /> 28, 2020. Such right shall include the right to access the storage park cross the <br /> Leased Premises. It notwithstanding the foregoing, if Tenant is unable to obtain a <br /> permit for western access the Premises and Tenant elects to cause the storage park <br /> use to be discontinued,Tenant may provide notice of such election in writing and <br /> Tenant and Landlord will discon inue the storage park use not later than ninety (90) <br /> days after receipt of such written'notice. <br /> 3. Condition of Leased Premises <br /> 3.1. Examination of Leased Premises: No Warranties: Tenant has examined and knows the <br /> Leased Premises. No warranties or representations, express or implied, as to the <br /> condition or status of the Leased Premises have been made by Landlord or any agent of <br /> Landlord prior to or at the time of execution of this Lease. Landlord warrants that it has <br /> -not relied on any warranty or representation made by or for Tenant but has relied solely <br /> upon Tenant's independent investigation. <br /> 3.2. Access to Leased Premises: Landlord hereby grants to Tenant the non-exclusive right for <br /> continuous ingress and egress by motor vehicles (including trucks) and on foot over the <br /> lands of Landlord from any established highway or secondary road to the perimeter of <br /> the Leased Premises as may be reasonably necessary to carry on the work authorized <br /> herein; provided,that Tenant shall not be required to make any expenditure of money to <br /> construct or maintain any such route. Such ingress and egress shall be by the least <br /> damaging route to the Leased Premises and construction of permanent roadways shall be <br /> subject to the prior approval of Landlord. Tenant shall be responsible for repairing any <br /> material damage done or caused to be done to Landlord's land by Tenant in exercising <br /> this right and Tenant shall bear the cost and expense of such repair. <br /> 4. Term <br /> 4.1. The Term of this Lease shall be an initial period of ten (10) years commencing on the <br /> March 1, 2019, and ending on February 28, 2029 ("Initial Term"). Provided Tenant is <br /> conducting commercial mining operations at the end of the Initial Term, and Tenant has <br /> produced 1,500,000 tons of Material during the Initial Term of this Lease, Tenant may <br /> obtain an extension of the Term for an additional five(5)years after the end of the Initial <br /> Term, such additional five-year period shall expire on February 28, 2034.,Commercial <br /> mining operations shall be deemed to exist on the Leased Premises unless there is a total <br /> cessation in extraction or processing operations of Materials from the Leased Premises <br /> for a period in excess of one year. The period of extension of the Initial Term shall <br /> likewise be considered to be within the Term of this Lease. However,the Lease may be <br /> ikA <br /> 61F- <br />