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<br />• $2,000.00, Lessee shall pay to Lessor, at such time as the Lessee <br />normally issues checks for payment of its bills, the cost of all <br />materials used the previous month. The Lessee agrees that random <br />checks and weighing of loads will occur and accurate records of the <br />number of loads will be kept and said records shall be accessible <br />to the Lessor for the purpose of computing the amount of material <br />removed upon which payment is to be made. <br />ACCESS. It is understood and agreed that the Lessee shall <br />have access and use of roadways across the lands of the Lessor and <br />connecting roadways between the county roads and/or highways and <br />the gravel pit areas. The Lessee shall have the right to maintain <br />such roadways as it may deem necessary; however, it is also <br />understood and agreed that the Lessee, in the use of such roadways, <br />shall not cause injury to the lands of the Lessor. It is <br />understood and further agreed that the Lessee shall have, free of <br />costs for the purpose of improving any roadways upon the lands of <br />the Lessor, any and all material which may be necessary for such <br />improvement. If fencing shall be required by Lessee or deemed <br />necessary by the Lessee for the enclosure of the gravel operations <br />and/or roadways leading therefrom, such fencing shall be done <br />solely at the expense of the Lessee; however, the Lessee shall have <br />the right to remove such fencing at its election at the cessation <br />or operations or termination of this agreement. <br />• CONDITION. The Lessee hereby agrees to restore areas <br />disturbed by the removal of limestone, sand, and gravel according <br />to the mining and reclamation plan currently in effect. <br />WARRANTIES. The Lessor hereby warrants that he is the owner <br />of the lands hereinabove described and agrees to defend the title <br />to said lands and shall hold the Lessee harmless with regard to <br />such warranty. <br />TAXES. Lessor shall pay that portion of the ad valorem real <br />property taxes on the property leased hereunder based upon <br />production. Lessee will pay all other ad valorem real property <br />taxes. <br />TERMINATION. This lease shall terminate at the end of the <br />term described herein; however, the lease payments shall be subject <br />to appropriation by the Lessee on an annual basis. Further, if the <br />parties are unable to agree upon renegotiated payment terms, either <br />party shall have the right to terminate this lease. <br />ASSIGNMENT. This lease shall be nonassignable by the Lessee <br />without having received the prior written consent of the Lessor, <br />and no such attempted assignment without such consent shall release <br />the Lessee from its obligations under the provisions of this lease <br />unless the Lessor releases the Lessee from its covenants herein in <br />writing. <br />• - 2 .- <br />