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<br />6. Rights Reserved by Surface Owner. Cyprus' rights to use the surface of the Lands under this <br />Agreement aze non-exclusive and expressly subject to Surface Owner's right to use and <br />occupy, and to permit others to use and occupy, the Lands or any part thereof for farming, <br />ranching, grazing livestock, hunting, fishing and other recreational uses of all kinds, or for <br />any other purpose not inconsistent with Cyprus' rights hereunder, together with all rights <br />reasonably necessary to those purposes. Cyprus' rights hereunder shall be exercised so as not <br />to unreasonably interfere with Surface Owner's interests, and Surface Owner shall exercise <br />such rights so as not to unreasonably interfere with the activities of Cyprus permitted <br />hereunder. Nothwithstanding anything contained herein to the contrary, in the event that <br />Cyprus drills a well or wells which may be used as a water well within the boundaries of the <br />Lands, then Surface Owner at Surface Owner's sole cost, risk and expense may develop said <br />well or wells for Surface Owner's use. Further, Surface Owner shall be responsible for <br />registering said well or wells and decreeing said well or wells with the appropriate local and <br />state agencies. During the term of this Agreement, Cyprus shall have no liability to Surface <br />Owner in the event Cyprus' mining activities cause a loss or reduction in the amount of water <br />or use from said well or wells. <br />7. C~~ensarion. Cyprus shall compensate Surface Owner at the address shown below the sum <br />of Eleven Hundred and no/100 Dollars ($1,100.00) as initial consideration for the rights <br />and privileges granted to Cyprus hereunder, which amount shall be due and payable within <br />thirty (30) days after the effective date hereof. Beginning on the fourth 4th anniversary date <br />and continuing through any extended terms of this Agreement Cyprus shall pay Surface <br />Owner the sum of Two Hundered and no/100 Dollars ($200.00) on or before the beginning <br />of each fiscal yeaz during which Cyprus has extended this Agreement. In addition to the <br />initial consideration, Cyprus shall further compensate Surface Owner as follows: <br />a. In the event Cyprus constructs more than one (1) drill pad or pond on the Lands, the <br />Surface Owner shall be compensated the sum of Three Hundred and no/100 Dollars <br />($300.00) for each such drill pad or pond; and <br />b. In the event Cyprus should twine any of the holes drilled for the purpose of establishing a <br />hydrologic monitoring well, the Surface Owner shall be compensated the sum of One <br />Hundred and no/100 Dollars ($100.00) for each such hole twinned and hydrologic <br />monitoring well established; and <br />c. In the event Cyprus should conduct a seismic survey across the Lands, the Surface Owner <br />shall be compensated the sum of One Hundred and no/100 Dollars ($100.00) for each <br />such seismic survey; and <br />d. In the event the operations of Cyprus shall disturb more than five (5) acres for each drill <br />pad or pond location established by Cyprus, the Surface Owner shall be compensated the <br />sum of Twenty-fve and uo/100 Dollars ($25.00) per acre for each such acre disturbed <br />by Cyprus. <br />oo~~n.oornea - 4 - <br />