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the Lease will be terminated. Lessor will allow Lessee reasonable access to the <br />property after termination for purposes of revegetation actions. <br />RECORD KEEPING. Lessee shall keep accurate records of the cost of the <br />amount of materials removed on a monthly basis and shall deduct such monthly <br />amount from the $2,000.00 paid to the Lessor. At such time as Lessee has removed <br />materials totaling more than $2,000.00, Lessee shall pay to Lessor, at such time as the <br />Lessee normally issues checks for payment of its bills, the cost of all materials used <br />the previous month. The Lessee agrees that random checks and weighing of loads <br />will occur and accurate records of the number of loads will be kept. Lessee shall <br />provide records of totals of materials removed on a not less than quarterly basis. <br />Records kept by Lessee shall be accessible to the Lessor or his agent for the purpose <br />of computing the amount of material removed upon which payment is to be made. <br />ACCESS. It is understood and agreed that the Lessee shall have <br />nonexclusive access and use of roadways across the lands of the Lessor and <br />connecting roadways between the county roads and/or highways and the gravel pit <br />aeeas. The Lessee shall have the right to maintain such roadways as it may deem <br />necessary; however, it is also understood and agreed that the Lessee, in the use of <br />such roadways, shall not cause injury to the lands of the Lessor. It is understood and <br />further agreed that the Lessee shall have, free of costs for the purpose of improving <br />any roadways upon the lands of the Lessor, any and all material from the leased <br />premises which maybe necessary for such improvement. If fencing shall be required <br />by Lessee or deemed necessary by the Lessee for the enclosure of the gravel <br />operations and/or roadways leading therefrom, such fencing shall be done solely at <br />the expense of the Lessee; however, the Lessee shall have the right to remove such <br />fencing at its election at the cessation of operations or termination of this agreement. <br />Lessor agrees to install a cattle guazd and gate as agreed upon by the parties to control <br />access to and from the property, and to prevent esttay of livestock. Such gate shall be <br />closed and locked during all nonbusiness hours of Lessee. <br />HOLD HARMLESS. The Lessee agrees to hold Lessor harmless for any and <br />a(I damage resulting to any person as a result of the operation, by Lessee, of the <br />leased premises as a gravel pit, and the removal of material therefrom. Lessee further <br />agrees to hold Lessor harmless from the operation of the Colorado Mined Land <br />Reclamation Act, and to comgly with that statute and all rules, regulations and orders <br />promulgated under it. Lessee further agrees to hold Lessor harmless from any and all <br />damages arising under the Mine Safety & Health Act set forth under the provisions of <br />C.R.S. 34-20-101, et seg. This hold harmless will not apply if the damages are <br />caused by the negligent or willful act of Lessor or his agents or assigns. <br />CONDITION. The Lessee hereby agrees to restore areas disturbed by the <br />removal of limestone, sand, and gravel according to the mining and reclamation plan <br />currently in effect. <br />2 <br />