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<br />EXHIBIT B <br />SPECIAL STIPULATIONS <br />1. Purchaser shall produce annually 5000 tons of material or, in lieu of such <br />production, shall make an annual payment of an equivalent dollar amount which may <br />be credited to future production, but not refunded, unless upon expiration the <br />purchaser has paid for more material than originally contracted for. <br />2. Purchaser shall stake and crone-section the area required to extract all <br />materials from the Mica White Mine. This activity will be done in consultation <br />with and be reviewed by the BLM. volume calculations utilizing this control will <br />be completed by the operator at the conclusion and prior to issuance of <br />subsequent contracts or on a yearly baeie whichever comes first for material from <br />this Bite. All surveys and volume calculations will be submitted to the BLM for <br />review and acceptance. <br />3. The purchaser will on a monthly baeie provide a record of material delivered <br />and/or removed from the site based on measurement by certified scale. Payment <br />for material will be based on this measurement subject to verificaticn of volume <br />estimates utilizing the following formula: <br />Y = X - .10!X1 <br />2.25 T/YD <br />Y-Tonnage reported <br />x-Volume estimate <br />(.10) 9 waste <br />2.25 ton/yd conversion <br />If the calculated volume estimate of material removed ie in excess of the <br />reported tonnage by a factor of 58 or more then the calculated volume estimate <br />will be utilized to determine final payment. <br />~.;~J) 4. The processing/stockpile site is situated within the Agpoz #9 placer claim, <br />,J~~, i~ CMC115705 which establishes prior existing rights to use of the surface within <br />fT-; ea id claim for mining related purposes. Therefore, should the claimants and/or <br />,r•~~~< their designated representative file under the requirements of 43 cFR 3809 for <br />?'' use of the processing/stockpile area, the purchaser must remove all property from <br />the site within 30 days by the BLM. <br />5. Purchaser shall defend, and hold harmless the United States and/or its <br />agencies and representatives against and from any and all demands, claims, and <br />liabilities of every nature whatsoever, including, but not limited to, damage to <br />property and injuries or death of persons arising from any activity connected <br />with the purchaser's use or occupancy of the lands described in this contract, <br />oc• with the activity authorized under this contract. <br />6. Purchaser will conform with the procedures identified in the mining and <br />reclamation plan (exhibit C) and hereby made a part of this contract. <br />7. Purchaser will comply with all applicable Federal, State and Local permit and <br />ueie requirements. <br />8. A suspension of operations at the Mica White Mine for a period of 24 <br />consecutive months shall require the initiation of reclamation in accordance with <br />the requirements of the mining and reclamation plan and the sale contract <br />following written notification by the Authorized Officer. <br />