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E. The assignee agrees to keep separate records pertaining
<br /> strictly to the leased premises, subject of this assignment and sublease,
<br /> and the assignor shall have the right to inspecT, upon reasonable notice,
<br /> the assigneers books and records at reasonable limes and places. The
<br /> assignor, at Its expense, may audit tho assignee' : accounts, books and
<br /> records in relation to the royalty payments made pursuant to this sublease.
<br /> F. At any time, if the assignee removes materials in excess
<br /> of which royalties, either the base lease royalties or override royalties,
<br /> have boon paid, or if the assignee is delinquent on any payments, or in
<br /> broach of any other term or condition of the assigned lease and addendum,
<br /> The assignee shall be in default and shall have five (5) days to procure
<br /> such default after notice from the assignor. Failing to do so, the
<br /> assignor shall have any and all remedies at law or in equity the same as
<br /> those remedies that the Lessor would have against the lessee.
<br /> 3. The assiyneu expressly agrees to indemnify and hold harmless
<br /> the assignor from any and all claims occasioned by its oI•er•rt ;cn on th-,
<br /> promises for personal injurius or- property da.magc or for fhe failur„ of
<br /> tho issignee to perform under any the terms or r,onrlitiuns of Exhibit "A"
<br /> ur in caopliance with any licenses or permits by any (jovurnmun'-�l authorities.
<br /> 4. The assiynuu agrees to reimburse and ;,ey the assignor for .:ny
<br /> and all expenses incurred by the assignor in procuring permits, licenses
<br /> .md any and all other undertakings which the assignor may be required to
<br /> uftect should the assignee fail to perform under this assignment or
<br /> under the terms and conditions of the sublet or assigned lease and addendum.
<br /> 5. The assignee hereby further warrants •_jnd covenants to commence
<br /> mining no later than October 1 , 1979,=:ssumin- the permits and the appropriate
<br /> �;uvernmenlaI authorities have bean procured, or no later Phan fivo (5)
<br /> days after the procurance of any permits if after Oclober I , 1979.
<br /> THIS ASS IGNU-INT, together with the rrgrurrrir•nis, �,o,., irts, . o.:rr'anties
<br /> contained heroin, sh,rll inure to tho benufiI ,f bulh p,:rliu„ thu)r
<br /> successors and assigns, and/or tnuir re•,pcc.tivr, heir", cxr.cuh,rs, �c�,r,r,•, ,,.r ,
<br /> end assigns.
<br /> STkCt.G t'RO "'. E)C1,V.11�,'�, ItC .
<br /> UY
<br /> Assignor
<br /> -3-
<br /> "E,XfiI13IT 0" So tree of LSgal Rigtit to Enter
<br /> Page: 14
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