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then Lessor's independent auditor and Lessee's independent auditor shall select the azbitrator <br />within ten (10) days thereafter, and the arbitrator selected by the independent auditors shall <br />determine the amount of royalties payable by Lessee to Lessor in the manner set forth below. If <br />Lessor's and Lessee's independent auditors cannot agree upon an azbitrator, then the parties shall <br />apply to the American Arbitration Association for the appointment of an azbitrator within five (5) <br />days after the expiration of the foregoing ten (10) day period. <br />(f) Once the azbitrator is selected or appointed, then as soon thereafter as <br />practicable but in any case within fourteen (14) days, the azbitrator shall select eiihei Lessor's <br />determination of the amount of royalties payable for such calendaz year as contained in Lessor's <br />Statement or Lessee's calculation of the royalties payable for such calendaz year as determined <br />under this Paragraph 9. The arbitrator's selection shall be rendered in writing to both Lessor and <br />Lessee and shall be final and binding upon them. The party whose determination of the amount <br />of royalties payable is not chosen shall pay the costs of the arbitrator. <br />(g) Promptly after receipt of the azbitrator's decision, Lessee shall pay the <br />additional amount of royalties, if any, due to Lessor. <br />10. Operations. <br />(a) Lessor shall not take any action which interferes in any material respect <br />with Lessee's operations pursuant to its interest in this Lease. <br />(b) By executing this Lease, Lessee agrees to conduct its operations hereunder <br />in a good, safe and minerlike manner and in compliance in all material respects with all <br />applicable laws, regulations, licenses, permits and orders of any governmental entity relating to <br />(1) operations on the Property, (2) the mazketing of any product thereof, or (3) labor relations in <br />connection with such operations or marketing, including, but not limited to, all laws, regulations, <br />s:llegal\wkd\tmccpueblo\Itase.doc ] <br />