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<br />to the Company to secure all From and
<br />after the date on which Lessee has completed mining on the Property, Lessor shall be responsible
<br />for payment of all costs associated with the temporary substitute supply plan or plan for
<br />augmentation then covering the Property, and Lessor will apply for, at his sole cost and expense, a
<br />permanent augmentation plan to cover any evaporative losses resulting from the mining operation
<br />after termination of operations under the Lease.
<br />5. Com~ny's Operations. The Company may install a processing and/o~
<br />crushing plant or plants on the Property. The Company shall install a certified scale on the Property
<br />or at a location mutually agreeable with Lessor to weigh Materials removed from the Property. The
<br />Company shall have the right to install, construct, operate, maintain, dismantle, and remove all of
<br />its plants, machinery, equipment, improvements, and other facilities including, but not limited to,
<br />roads, conveyors, pipe lines, power lines, telephone lines, water courses, wells, dams, ponds, and
<br />stockpile azeas on the Property. The Company shall have the right, during the Term of the Lease
<br />and without any payment to Lessor (except for production and minimum advance royalty), to stri
<br />and remove overburden on and from the Property, and otherwise to use and occupy the Property eve
<br />in conjunction with other properties, all as reasonably required in connection with mining, quarrying,
<br />extracting, processing, storage, sale and removal of stone, sand and gravel, in, on, under, or from the
<br />Property.
<br />6. Lessor's Operations. Lessor is obligated to remove al] irrigation equipment,
<br />improvements, and fixtures (including without limitation pumps, neaz surface well casing, electrical
<br />supply lines, electrical substations, irrigation pivots and sprinklers) that the Company determines
<br />may interfere with the Company's operations hereunder. During the term of the Lease, Lessor will
<br />not conduct or authorize (by lease or other agreement) others to conduct operations for exploration,
<br />development or production of oiI and gas from the Property except to the extent any such operations
<br />are conducted without entry upon or disturbance of the surface of the Property and without any
<br />interference whatsoever with the Company's rights under the Lease.
<br />7. Termination. Upon at least ninety (90) days prior written notice to Lessor,
<br />the Company shall have the right to terminate the Lease as of the date the Company has completed
<br />removal of all materials it determines, in its sole discretion, are economically recoverable. After
<br />termination becomes effective, the Lessor shall not be entitled to any additional compensation for
<br />termination prior to the end of the Term other than production royalties due.
<br />8. End of Term. Ttte Company shall have the right, for a period of two years
<br />from and after the expiration of the Term of the Lease or the eazlier termination hereof, to dismantle
<br />and remove plants, machinery, equipment, improvements, and other facilities installed or constructed
<br />on the Property by the Company, to sell and remove Materials then stockpiled on the Property,
<br />subject to payment of production royalty, and to complete reclamation.
<br />9. Assi~unent. The rights and obligations of the Company hereunder may not
<br />be assigned without the prior written consent of Lessor except to an affiliate company of the
<br />Company.
<br />10. Notice; Additional Information. This Memorandum is executed in order to
<br />provide notice of the existence of the Lease. For additional information regarding the Lease, the
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