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a. The Lessee, in consideration of this Lease does hereby covenant and agree: 1. To make an accounting and pay for the material removed from the land and real estate at the rate of twenty-five cents ($0.25) per yard each month for the term of this Lease beginning on or before March 10, 1991 and continuing monthly on or before the tenth day of each month thereafter. In the event that no material is mined and so removed during any month, the Lessee does agree to notify the Lessor that no material was so mined and removed. 2. The Lessee does agree to keep a strict and accurate record of ail material removed from such leased premises. 3. The Lessee shall be responsible for the removal and piling on the said land and real estate of all overburden. At the end of this Lease or at the end of any extension of this Lease by the parties as hereinafter set forth, the Lessee shall reclaim the said land and real estate in accordance with the rules and regulations of the Colorado Bureau of Land Reclamation (C.R.S. 34-32-108) at the time this Lease is terminated for any reason whatsoever. In the event that no such rules and regulations are in effect at the time this Lease is terminated, then such land shall be reclaimed in accordance with reasonable recommendations of the United States Department of Agriculture Soil Conservation Service made as of the date this Lease or any extension of this Lease is terminated. The cost of reclamation of the land and real estate shall be the sole cost of the Lessee. Reclamation of the property shall be completed within six (6) months of the termination of this Lease or any extension thereof. In the event that the Lessor, at the termination of this Lease or any extension thereof, shall determine that he wants to keep the pit open for the purpose of mining and removing material therefrom, the Lessor does have the right to waive the reclamation of the land and continue to operate the same under his own Colorado Bureau of Land Reclamation and Bureau of Mines Operating and Mining Permits, thereby releasing the Lessee from any and all .responsibility to reclaim the said land. 4. The Lessee does have the right to remove the overburden as heretofore set forth and to-have ingress and egress to the leased premises for the express purpose of this Lease, making use of all roadways presently existing on the leased premises, with the right to build such additional roads as are reasonably necessary for the development, mining, and removal of material hereunder. In building such roads, the Lessee may use material from the leased premises at no cost to the Lessee. The Lessee may have the right to erect such buildings and processing plants on the leased premises which may be nepessary to develop, mine, and remove such material. Lessee may also store from time to time on such leased premises equipment and machinery used in the development, mining and removing of the material from the leased premises. 5. All mining permits shall be obtained by and in the name of the Lessee, with the consent of the Lessor. 6. Lessee agrees to provide and install adequate gates and cattle guards at all entrances into areas of the leased premises being used or occupied by Lessee. Such gates will be kept locked during the hours of darkness, and at all times when such areas are not occupied by Lessee's personnel; provided, however, that Lessee shall furnish Lessor and Lessor's tenant on the cropland in the Northeast Quarter (NE4) of Section One (1), Township Twelve (12)., South, Range Forty-three (43), West, a key to the locked gates such that Lessor and/or Lessor's tenant on the cropland may enter the property and farm the cropland.