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approved by Lessor. Lessee may not excavate below the depth necessary to obtain minerals, <br /> earth, and materials set forth in Paragraph 4 below. Lessee may improve existing access ways <br /> within the Premises and construct additional access drives subject to Lessor's written approval, <br /> which approval shall not be unreasonably withheld or delayed, provided such roads are <br /> reasonably necessary for Lessee's excavating operations. Lessee shall maintain all of said roads <br /> in good condition and repair. <br /> 4. Payment. After the Effective Date, Lessee shall pay Lessor for all excavated and <br /> removed materials from the Premises within 1 week of being paid by the purchaser according to <br /> the following rates: <br /> Material Pa menu <br /> Road Aggregate <br /> Common Fill <br /> Concrete Sand <br /> Any other material not listed above shall not be removed without written identification of <br /> the material and written agreement by Lessor on the per-ton rate prior to removal of the material. <br /> 5. Lawful Use. Lessee shall procure at its sole cost and expense any permits and <br /> licenses required for its activities on the Premises, and Lessee shall otherwise comply with all <br /> applicable laws, ordinances and governmental regulations. At Lessor's request, Lessee shall <br /> deliver to Lessor copies of all such permits and licenses and proof of Lessee's compliance with <br /> all laws, ordinances and governmental regulations. Lessee shall not, without Lessor's prior <br /> written consent, use the Premises for any purpose which creates a risk of toxic or otherwise <br /> hazardous substances, except as permitted by applicable law and regulations. All property kept, <br /> stored or maintained within the Premises by Lessee shall be at Lessee's sole risk. Lessee shall <br /> indemnify Lessor and hold Lessor harmless from and against any and all liability, liens, claims, <br /> demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, and causes <br /> of action(including without limitation all attorneys' fees and expenses) arising out of or relating <br /> to, directly or indirectly, any violation or alleged violation by Lessee of any government <br /> authority pertaining to health or the environment relating to the Premises now existing or <br /> hereafter arising. This indemnification shall survive the expiration or termination of this Lease. <br /> 6. Taxes. Lessee shall be responsible for the payment of all ad valorem taxes that <br /> may be assessed by any governmental entity against its fixtures, personal property and stockpiled <br /> inventory but will not be responsible for any such taxes that may be assessed against the <br /> Premises. <br /> 7. Utilities. The Lessee shall have the right at its expense to use the water that may <br /> be located on the Premises as may be required by its operations. The Lessee shall also have the <br /> right, at its expense, to use any electric service that is available on the Premises or arrange for <br /> additional electric service and in this regard, the Lessee may grant utility companies the right to <br /> bring electric service to the Premises over the Property but shall not have the right to grant any <br /> easements to any governmental or non-governmental authority. <br /> Excavation Lease Agreement <br /> Page 2 <br />