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Lessor shall retain the right to graze cattle on the demised premises so as long as <br /> it does not interfere with the Lessee's operations. <br /> i <br /> TERM: Lessee shall hold the demised premises for the life of the mine starting <br /> from.the date of issuance of the Mined Land Reclamation permit. <br /> EXPLORATION OF PREMISES: Lessee shall have the exclusive right to enter <br /> on the demised premises and to explore, prospect, drill, or otherwise test the same for <br /> sand and gravel, with the right of free access for such persons, tools, machinery, and <br /> equipment as Lessee may deem necessary at any time after the date hereof. <br /> ROYALTY: After commencement of actual mining operations on the demised <br /> premises, and so long as such operations are continued, as provided below, Lessee shall <br /> pay Lessor a royalty of twenty-five cents per cubic yard of sand and gravel removed by <br /> Lessee from the demised premises. Payments of royalty shall be made semi-annually for <br /> the amount due for royalty on material produced, and Lessee shall furnish a report stating <br /> the amount of sand and gravel removed. <br /> SUSPENSION OR TERMINATION OF OPERATIONS: The suspension or <br /> termination of mining operations on the demised premises by Lessee shall be without <br /> prejudice to Lessee's right to resume operations. <br /> SURRENDER: Lessee shall have the right at any time after mining operations <br /> are commenced to surrender and terminate this Lease and all liability thereunder, except <br /> for royalties earned as of date of termination, on giving thirty days notice by mail to <br /> Lessor. Thereupon this Lease shall be canceled as of the date fixed in such notice, and <br /> each party shall be released from any further liability to the other except for royalties that <br /> may be due. <br /> OPERATIONAL RIGHTS: Lessor grants to Lessee the right to use any part of <br /> the surface and subsurface of the demised premises for the conduct of Lessee's mining <br /> operations. Such right shall include, but not be limited to, the right to construct, install, <br /> erect, and maintain any and all structures, fixtures, equipment, plant, or facilities that <br /> Lessee, at any time during the term of this Lease, shall deem to be necessary or <br /> convenient; to pump and discharge water from the mine or mine operations onto the <br /> surface of the ground, such drainage to be confined to natural water courses or ditches;to <br /> sink and maintain bore holes to conduct electricity to the workings; to drive entries in the <br /> demised premises; to have the unrestricted right of ingress and egress to and from the <br /> demised premises or any part thereof for any purpose in connection with the general <br /> mining operations of Lessee; and in general, to do any and all things incident to or <br /> convenient or proper in connection with Lessee's mining operations, whether such things <br /> be in the nature of those specified in this instrument or otherwise. Lessee shall also have <br /> the right to enter on the surface of the demised premises with such personnel, tools, <br /> machinery, equipment and appliances from time to time as Lessee may deem necessary <br /> or convenient for the purpose of exploring, prospecting, drilling or otherwise testing the <br /> premises to determine the presence,condition, and value of the sand and gravel. <br /> 2 <br />