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«,. , Page Two 6. Minin Permit. Company shall apply for and use all reasons a gence in obtaining County and State mining permits. In the event Company is unablh to obtain a.ll permits and governmental approvals required for Company's operations within one (1) year from the date hereof, or if subsequent to issuance of permits and approvals any governmental entity shall cancel, withdraw or take any other action that would prevent Company from extraction and working the materials as set forth in paragraph 1, Company may at Company's option void this agreement and Company shall h~-ve no further obligations or liabilities hereunder. 7. Plan of Extraction. Company agrees that Company shall extract t e mater a s specified herein in conformance with the Mining Plan submitted to the State Mined Land RE:clamation Board. The gravel removal operations shall at a7.1 times be carried out in a manner which will not unduly interfere with the balance of the property. 8. Access. Owner grants to Company as easement for purposes o~ingress and egress of and across that property as described in exhibit "A". 9. Machiner E ui ment and Structures. Company may place on t e premises a machinery, appliances, equipment, structures and buildings Company elects to carry out the operations named in paragraph 1 including mining, quarrying, producing, crushing, treating, screening, washing, storing, loading and transporting those materials so specified. 10. Title. Owner covenants that he is the sole owner of the property described herein, that the Owner has the right and authority to enter into the agreement on the terms and conditions as stated herein, that the sums paid by Company to Owner hereunder shall be the total sums paid for the sand, gravel, rock and other considerations contained herein, that no other individual or entity has any right or authority to enter into a contract or agreement on the teams and conditions stated herein as to the property described he:cein, and that the Owner shall defend any actions brought ag,iinst the Company by any and all individuals or entities malting claims against Company on the basis of alleged ownership rif;ht to the property described herein, and further, the Owner shall indemnify the Company against all liabilities, expenses, and losses incurred by the Company as a result of any claims by any individuals or entities of an ownership interest in and to the property described herein for the sand, gravel, rock and other considerations described herein. Owner warrants that they have full title to said property. Company may make such title searches as Company shall desire, at Company's expense, to ascertain the status of title to said property, and Owner shall cooperate in any way po:;sible to assist in such search. However, Company shall have na duty to search the title of the property and in the event Company shall search the title of the property it shall in no way affect Owner's obligation or warranty of title ata.ted herein, 11. Fences. Company may install gates or cattle guards in ex st g fences to assist ingress and egress. At the expiration of the Royalty Agreement, Company shall restore fences to their original conditions. 12. Exclusive Ri ht. The rights of the Company hereunder s a e exc usive in the sense that the Owner will not grant to any other individual or entity any right, privilege or license to remove any sand, gravel or rock frog the premises described herein or engage in any activity which would conflict with all rights granted Company here iii.