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395 7!15!1996 11:45aro B:904 <br />A~erta J. Perry,Clerk & Recorder.Logan Co O <br />8. Surface Use. Lessee shall have the right to make such <br />reasonable use of the surface of the Leased Premises as may be <br />necessary to carry out its operations contemplated by this Lease, <br />and shall have the right to clear brush and undergrowth from such <br />portions of the Leased Premises as may reasonably be necessary to <br />explore for materials or to locate pits, cores and stockpile areas. <br />Lessee shall be entitled to make use of all roadways presently <br />existing on the Leased Premises, provided that Lessee shall be <br />responsible for repair of any damage caused to such roadways by <br />Lessee's operation. Lessee shall have the right to build <br />additional roads necessary for such operations, provided that <br />Lessee shall consult with Lessor with respect to the locations and <br />designs of such roads, and such roads shall be constructed in a <br />manner so as to minimize the impact on the Leased Premises and <br />adjacent lands and shall thereafter be properly maintained by <br />Lessee so as to minimize such damage. Without limiting any other <br />provision of this Lease to the contrary, upon termination of this <br />Lease, Lessee shall regrade, reclaim and restore any additional <br />roads constructed by Lessee, if Lessor so requests. <br />9. axes. Lessor shall pay all ad valorem property taxes <br />assessed against the Property. Lessee shall pay all other taxes <br />assessed in connection with operations on the Leased Premises, <br />including without limitation all county, state or federal severance <br />taxes, other taxes levied against severed or produced materials, <br />and personal property taxes on all equipment used or located on the <br />Leased Premises. <br />lo. Insurance. Lessee shall during those periods of time <br />that operations of any'kind are conducted on the Leased Premises <br />pursuant to the Lease carry such workman's compensation and other <br />insurance as may be required by any applicable state laws and/or <br />mining regulations, unless Lessee has duly qualified for exemption <br />from such insurance requirements in accordance with such laws and <br />regulations. Tn addition, during any periods of time in which <br />operations are being conducted by Lessee on the Leased Premises, <br />Lessee shall carry general public liability insurance in form <br />reasonably acceptable to Lessor, in an amount equal to insurance <br />typically carried by mining industry operators for operations of <br />similar size and nature, but in no event less than Five Hundred <br />Thousand Dollars ($500,000.00) per occurrence. <br />11. Termination of Lease. <br />(a) In the event of default in the performance of any <br />term or condition of this Lease by Lessee, Lessor <br />shall have the right to provide thirty (30) days <br />advance written notice to Lessee demanding the <br />correction or removal of such default. In the <br />event Lessee fails to correct or remove such <br />default within such period, Lessor may, at his <br />option, terminate this Lease, <br />5 <br />UL <br />