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gravel, or other earthen materials to the Leased Premises for any purpose other than reclamation, <br /> the Parties agree to meet and confer in good faith to discuss such importation <br /> 6. Tem. The term of this Lease shall commence upon the execution of this Lease (the <br /> "Effective Date"). Unless otherwise terminated or extended as provided herein, this Lease shall <br /> terminate on the earlier to occur of(a) release by DRMS of the Lease Premises from Permit M- <br /> 19�, or (b) December 31, 2033. Lessee shall pay Lessor an annual rent <br /> 7. Use of Leased Premises and Operations By Lessee. The Leased Premises shall be used <br /> by Lessee only in connection with the operation of the Distel Plant and the processing, parking, <br /> staging, stockpiling, earthen material importation,maintenance and transporting sand and gravel, <br /> and related earthen materials. Lessor reserves the right to use the surface of the Leased Premises <br /> so long as such use does not unreasonably interfere with Lessee's operations thereon, subject to <br /> any additional provisions contained within this Lease. Lessee shall have the right to make such <br /> improvements and take such other actions with respect to the Leased Premises as reasonably <br /> necessary for the use and operations permitted under this Lease,including without limitations the <br /> right to: (i) construct buildings, other structures and roads on the Leased Premises; (ii) make <br /> stockpiles, dumps, ditches, ponds and drains; and (iii) place machinery upon the Leased <br /> Premises;provided,however, that any such buildings,structures and/or machinery constructed or <br /> placed on the Leased Premises by Lessee shall remain the exclusive property of Lessee, and shall <br /> be removed prior to termination of this Lease as provided within this Lease. <br /> 8. Use of Leased Premises By Lessor. During the Term of this Lease, Lessor shall have <br /> access to those portions of the Leased Premises not being utilized by Lessee. Lessor and its <br /> authorized agents shall have the right to go upon the Leased Premises for the purpose of <br /> confirming that Lessee is conducting its operations in the manner required by this Lease, <br /> provided, however, that Lessor shall not have any access to any portion of the Leased Premises <br /> that is subject to the regulations of the Mine Safety and Health Administration, or any similar <br /> state agency, unless it first provides reasonable notice of such access and complies with all <br /> applicable safety regulations and Lessee's safety procedures. <br /> 9. Governmental Approvals. Lessee shall, during the term of the Lease, maintain in good <br /> standing all existing federal, state and local approvals and permits currently in its possession <br /> related to the Leased Property, and shall provide copies of such approvals and permits to Lessor <br /> upon request. Lessee shall be solely responsible for obtaining any other federal, state and local <br /> approvals and permits necessary for Lessee to conduct its industrial operations on the Leased <br /> 2 <br /> Toll Property Waling wd Sorg=Use Lace FINAL_11/754019 <br /> 1 <br />