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instead of monthly and that all future rental payments are to be made on or before the due date by <br /> cash,cashier's check or money order and that the delivery of Lessee's personal or corporate check will <br /> no longer constitute a payment of rental as provided in this Lease. Any acceptance of a monthly <br /> rental payment or of a personal or corporate check thereafter by Lessor cannot be construed as a <br /> subsequent waiver of such rights. <br /> 6.8 All taxes,insurance premiums,and all sums,liabilities,obligations,and other <br /> amounts that Lessee is required to pay or discharge pursuant to this Lease,in addition to monthly <br /> Rent or as a result of Lessor's curing a potential event of default,together with any interest,penalty,or <br /> other sum that may be added for late payment thereof,shall constitute additional rent hereunder. <br /> 6.9 Notwithstanding anything contained in this Lease to the contrary,all amounts <br /> payable by Lessee to or on behalf of Lessor under this Lease,whether or not expressly denominated <br /> as rent, shall constitute rent for the purposes of Section 502(b)(6)(or any comparable successor <br /> provision)of the United States Bankruptcy Code(Title 11 of the United States Code)and for all other <br /> purposes. <br /> 7. PRODUCTION ROYALTY. In the event that Lessee shall sell Ore,Concentrates or other <br /> first salable products derived from any part of the Premises,Lessee shall pay to Lessor a production <br /> royalty equal to two and one-half percent(2.5%)of the F.O.B.Mine Value thereof. Should Lessee <br /> discontinue mining for any reason and payment of production royalty ceases and such discontinuance <br /> has been ongoing for more than six(6)consecutive months,then Rent shall increase for the period <br /> during which mining is discontinued and cessation of production royalty to the annual amount of Five <br /> Hundred Seventy Thousand and Wloo Dollars($570,000.00)payable in advance in equal monthly <br /> installments of payment of Forty Seven Thousand Five Hundred and 00/10o Dollars($47,500.00). <br /> Increased Rent shall continue until the payment of production royalty is resumed. All amounts <br /> payable to Lessor as production royalty on account of Ore,Concentrates or other first salable products <br /> derived from the Premises and sold during any calendar quarter shall be paid by mailing payment to <br /> Lessor on or before the forty-fifth day of the calendar quarter next succeeding the calendar quarter <br /> during which Lessee receives the F.O.B.Mine Value attributable to the sale of such Ore,Concentrates <br /> or other first salable products. <br /> 8. TAILINGS AND WASTE MATERIAL. Lessor agrees that Waste Material may be mined <br /> or otherwise extracted from the Premises without obligation upon Lessee to replace the same except <br /> as may be required by law.Lessor shall have no right,title or interest to such Tailings or Waste <br /> Material except that any Ore,Concentrates or other first salable products,recovered from such <br /> Tailings or Waste Material from a subsequent processing for the recovery of mineral content, shall be <br /> subject to the regular production royalty provided herein. Lessee shall have no right,title or interest in <br /> Waste Material or Tailings or other material on the Premises after termination of this Lease. <br /> 9. BOOKS AND RECORDS INSPECTION. Lessee shall keep books and records necessary <br /> to document the quantity and quality of all Ore and Minerals mined from the Premises,and the F.O.B. <br /> Page 6 of 13 <br />