REV11513

• Permit No: M1974015
• IBM Index Class Name: Revision
• Doc Name: APPENDIX G DRAWINGS
• Type & Sequence: AM6
• Media Type: D
• Archive: No

~%

...,..
5) Whenever Western Paving's credit is reduced to zero
during any operational season, Western Paving shall make
royalty payments to Gregory at the rate of ~ per ton for
subsequent extractions of sand and gravel with such payments
to be made monthly and commencing on the first day of the
first month after Western Paving's credit has been extinguished,
and such monthly royalty payments shall be continued until a
credit is reestablished by the payment of an annual advance
payment;
6) If, at the expiration of this Contract, there
remains any credit attributable to the immediately preceding
annual advance royalty payment, Gregory shall refund to a
Western Paving the amount of the immediately preceding
annual advance ro alt a ~
y y p yment which is unearned;
7) Tonnage removed from the property shall be determined i
Y
on the basis of one hundred x(100) tons per railroad car. ~
.OTHER TERMS AND CONDITIONS; ~
1) Western Paving may have, establish, use and enjoy
any rights-of-way on the property reasonably incident to the ,
purposes for which this Contract is made; t'
2) Gregory warrants to Western Paving that all existing
rights-of-way and roadways under his control shall be available
to Western Paving at the expense of Western Paving so long

as their use by Western Paving is reasonably incident to the
purposes for which this Contract is made;
3) Western Paving may bring, locate and use upon the
property any_and all_types of equipment which in the sole

discretion of Western Paving is deemed desirable to effectuate
the purposes of this Contract; and Western Paving shall have
the right at any time to remove all machinery, equipment, ~~
and fixtuz~s placed on the property; 1

4) Western Paving shall be entitled to use for its
purposes pursuant to this Contract the ,water from the ad-
judicated water which now serves the property;
- 3 -