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-3- S. SURFACE RIGHTS OF LESSEE ' 5.1. Leuee may clear brush and undergrowth from such portions of the Property as may be necessary to explore for materials or to locate pits. quarries, and stockpile areas. 5.2. !n order to obtain access to the Property and carry on its operations, Lessee shall have the right to make use of all existing roadways and to build such additional roads as may be necessary for the production and removal of materials. Any material used to build or repair roads on the Property are excluded from royalty . payments. 5.3. Lessee may erect a plant or plants or other buildings and install such machinery and equipment as may be useful in its operations on the Property. S.k. Leuee shall have the right to use existing water and, it necessary for operations. to drill water wells. S.S.. Upon cessation of use or termination of the lease, Lessee may remove any structures, buildings or other installations upon the property. including any material mined and produced but rot removed, all subject Io royalty payments as provided in this lease. 6. SURFACE RIGHTS OF LESSOR 6.1. Lessor shall have the right to. graze livestock on the Property and will hold Lessee harmless from any damage caused by Lessee to the livestock from Lessee's operations. 6.2. Lessor shall be responsible for any damage caused to Lessee's operationu or property by LeuorY livestock. It will be the Lessor's duty to protect his livestock from damaging or being damaged by Lessee's operations. 7. EXISTING INVENTORY 7.1. Stockpiled materials existing prior to execution of this lease is the Leuor's property. 7.2. Lessor agrees to remove his inventory within one hundred twenty (120) days from the date of this lease, unless other mutually agreeable arrangements are made, in writing. between the parties within fifteen (13) days. 7.3. The type. quantity and value of ezisting inventory are indicated on attached Exhibit D. E. EFFECT OF AGREEMENT 8.1. Lessor may assign his rights to royalties. X 8Z. Lessee may not assign any interest in she least without Lessor's prior written consent, wnich, it economically feasible, shall not be unreasonably withheld.