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expense shall obtain through a registered land surveyor an accurate survey and map plot of the Leased Premises for the purpose of calculating the volume of Clay removed from the Leased Premises during that year. The Lessee must receive prior written approval from UPLRC of the survey method and map scale to be used in fulfilling the above-stated requirements. Lessee shall have the right of commingling Clay produced from the Leased Premises with Clay produced from adjoining property, provided that such commingling is accomplished only after weight has been determined or after preliminary cross section surveys have been taken, which surveys shall be sufficient to determine volume mined from each respective property by sound mining engineering principles and in accordance with the method(s) described above. An accurate record of the tonnage or volume of the Clay mined from each property going into such mixture shall be kept and made available to UPLRC at all reasonable times, and shall be used as the basis of the allocation between the properties, of production royalties to be paid therefor. Section 10. NO WARRANTY/LESSER INTEREST UPLRC expressly does not warrant its title to the Clay contained within the Leased Premises nor covenant with Lessee for quiet enjoyment,save against those claiming by, through, or under conveyances made by UPLRC. If UPLRC owns less than the entire undivided interest in the Leased Premises, and the defect in UPLRC's title is not cured, the royalties paid or payable to UPLRC hereunder shall be proportionately reduced in the ratio as UPLRC's interest in the Leased Premises bears to the entire undivided interest in the Leased Premises. In any event, UPLRC's liability to Lessee for defects in its title to the Leased Premises shall be limited to monies paid by Lessee to UPLRC under this Lease. Section 11. TAXES The Lessee, in addition to paying the royalty hereinabove set forth, shall pay before the same become delinquent all mineral severance and production taxes and all assessments which during the term hereof may be lawfully levied upon or assessed against the Lessee's operations on the Leased Premises, and upon all assessments and ad valorem taxes upon all structures, improvements, equipment and other property erected, constructed, installed and/or used by the Lessee in connection with the exercise of the rights herein granted. The Lessee, upon payment of such taxes and assessments, shall promptly furnish UPLRC with satisfactory evidence of such payment. Section 12. WORK TO BE SATISFACTORY TO UPLRC Lessee shall use approved methods in the excavation and removal of Clay from the Leased Premises and all work in connection therewith shall, at all times, be done in a good and workmanlike manner. In the conduct of its operations on the Leased Premises, Lessee shall fully comply with all applicable statutes, regulations and local ordinances covering reclamation and restoration of the Leased Premises. All excavations of Clay shall be made so as to leave the surface of the Leased Page 5 of 13