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<br /> <br />notice in writing of its election. Upon receipt of such notice, RMEC <br />will cause to be granted to Optionee a lease in the form of Exhibit A <br />hereto and upon the terms and conditions contained therein. <br />4. No entry shall be made on-the Subject Lands and no <br />operations shall be conducted thereon until the consent to the use of <br />the surface of the Subject Lands for the purposes contemplated by <br />this Agreement and Option shall have been obtained from the surface <br />owner or owners under written instruments satisfactory to RMEC. <br />Optionee shall pay for all damage to the surface owner's lands, buildings, <br />growing crops, and livestock caused by the operations conducted hereunder. <br />5. Optionce shall <br />(a) indemnify and hold harmless RMEC for and <br />on account of claims, damages or liabilities <br />arising out of Optionee's operations on the <br />Subject Lands; <br />(b) pay in full for all labor performed upon or <br />material furnished to the Subject Lands <br />ordered or requested by Optionee, and shall <br />keep the Subject Lands free and clear from <br />any and all liens; and <br />(c) conduct all operations on the Subject Lands <br />in accordance with sound engineering and <br />mining practice and in compliance with <br />applicable laws and regulations. <br />6. Optionee shall not assign or transfer any of its rights <br />under this Agreement and Option without RMEC's consent; and RMEC <br />agrees that during the term of this Agreement and Option it will not <br />sell, assign, encumber, or otherwise transfer to any third party any <br />of its interest in the gypsum in the Subject Lands without Optionee's <br />consent. <br />7. If Optionee fails to exercise its option hereunder by the <br />end of the option period, said option shall automatically terminate v~itl~out <br />notice to Optionee; and all unexercised rights of Optionee arising out of <br />this Agreement and Option shall terminate. <br />E. Subject to the provisions of section 6 hereof, this Agree- <br />ment and Option shall be binding upon and inure to the benefit of the <br />parties hereto and upon their respective successors and assigns. <br />_2_ <br />