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<br /> <br />~ . ,. <br />The parties mutually covenant, stipulate and <br />~ agree: <br />(a) Tile Lessee shall liavc the exclusive right anJ <br />option to purchase and remove any and all sand, gravel, <br />~ overburden and top soil upon the leased premises. <br />(b) The Lessee s11a11 have the right to erect and <br />maintain such plant and facilities as may be necessary or <br />i~ appropriate to produce and market any product covered by <br />this agreement, including crushers, screens, asphalt plants, <br />shops, trucks, loaders, ana other equipment necessary or <br />~ useful to Lessee's operation. <br />(c) The Lessee shall have the full right of <br />ingress and egress at all times by means of connection to <br />~ Iligliway 13 and such additional access as may be available <br />from time to time.. <br />Subject to the following qualifications and conditions, <br />• <br />the Lessee during the terms of this lease,. may mako use of <br />Priority No. 321 for water from the.Sheridan'Ditch No. 3: <br />a. Portions of this right have been assigned io <br />~ prior Grantees of the Lessor. <br />b. The right is an .agricultural right, and Lessor <br />has not yet tzansferred any. portion of the right to industrial <br />• ' <br />uses. <br />c. To tho extent pgssible, Lessee will accommodate <br />agricultural uses of the water right.; ' <br />• <br />d. The Lessee will take every action which it <br />reasonably may in order to avoid curtailing agricultural <br />• <br />use of water. <br />Page -5- <br /> <br /> <br />