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average net selling price of all materials sold from this source. The average selling price is <br />calculated by dividing the total net revenue by the total tans sold. In the event payment is not <br />made by Lessee to Lessor within ten (10) days of the date due, Lessee shall be assessed a late <br />charge of ten percent (10%) of the amount of payment due. <br />8. Minine Plan. Lessee agrees to provide to Lessor a copy of its Mining Plan for review <br />and comment prior to submitting it to the appropriate authorities. Lessee agrees to incorporate <br />any suggestion of Lessor that it deems reasonable and economically feasible. <br />9. Miscellaneous. <br />(a) Use of Scale. Quantities of the Minerals that are removed from the <br />Property will be measured as follows: Lessee shall maintain a scale or scales - to be located on <br />Lessee's property -- which aze certified by the State of Colorado, over which all Minerals <br />removed from the Property shall be weighed, and shall keep accurate records of all weights of <br />such Minerals, including date and time when weighed, and including empty weights of the trucks <br />or other vehicles transporting such Minerals, and a reasonable identification of such vehicles, <br />which records shall be available for inspection by Lessor at all reasonable times during business <br />hours upon twenty-four hours advance notice. <br />(b) Records to be Kept. In addition to records ordinarily maintained by <br />commercial sand and gravel operators Lessee shall keep accurate records of quantities, nature <br />and weights of the Minerals removed from the Property and the minerals sold from the Property, <br />which records shall be available for inspection by Lessor at all reasonable times during business <br />hours upon twenty-four hours advance notice. <br />(c} Retention of Records. Records for each Lease Year shall be kept for ten <br />years and may be destroyed after the end of each such ten-yeaz period. <br />s:Vegai\wkd\[mccpucbioUtase.doc $ ~\1 <br />