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,~ . <br />mine and remove, coal, oil, gases of any nature, and all hydrocarbon sub. <br />' stances, ores, and minerals (other than limestone) together with tlao <br />necessary right of ingress and egress; provided, however, that such use <br />by RMEC, its successors, lessees,.licensees, and assigns shall n.ot un- <br />reasonably interfere with the operations and business of the Lessee on <br />said premiBes. <br />~~ <br />Section 3: <br />It is agreed that notwithstanding anything to the contrary in this <br />i Lease contained, no entry shall bo made on the Leased Premises and no <br />~ ~ operations shall be conducted thereon until the consent to the use of the sur- <br />e face of the Leased Premises for the purposes contemplated by this Lease <br />i <br />~ shall have been obtained from the surface owner or owners under written <br />~ instruments satisfactory to RMEC, RMEC will endeavor to obtain such ' <br />consents and Lessee agrees to cooperate. In addition, Lessee shall pay <br />~ ~ for all damage to the surface owner's lands, buildings, growing crops, <br />and livestock caused by the operations conducte3 hereunder. Any royalties <br />~ ' which RMEC elects to pay to the surface owners shall be paid by RMEC <br />~' out of its royalty. <br />Section 4: <br />All valuable praducte, atiier than limestone, extracted and re- <br />covered from substances removed from the Leased Premises in the mining <br />~ and removing of limestone hereunder, shall bo and remain the property of <br />RMEC, .and the Lessee shall, upon written notice from RMEC of its election <br />to take, deliver the same to RMEC upon the payment by it of the, actual coat <br />to the Lessee of mining, transportation and treatment. <br />Section 5• <br />This Lease shall take effect on the data which it bears, and <br />unless sooner texminated as herein provided, shall remain in full force <br />and effect for a period of five (5) years and eo long thereafter ass limestone <br />is being mined from the Leased Premises in paying quantities; provided, <br />however, that Lessee shall have the right aC any time when not in default <br />to terminate this Lease by giving RMEC not less than two (2) r,~onths prior <br />written notice. Any such notice shall be addressed to Rocky Mountain <br />Energy Company, 4T04 Harlan Street, Denver, Colorado 8021::. <br />Section 6: <br />a. The Lessee agrees to pay to RMEC in cash, upon the delivery <br />• ~ of this Lease, and thereafter annually in advance on the anniversary of the <br />date hereof, a minimum royalty of Three Thousand Dollars ($~3, 000. 00), <br />as long as this Lease remains in effect, which amount, without interest, <br /> <br /> <br />