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Ic) the United S[utes will re[ain the tin[ installment us <br />secuct} for }our full and faithful performance and mill apply it m <br />[he last installment required to make [he total payment equal to the <br />[o[al price given in Section 2. <br />The total purchase price equals the sum of the [o[at quantities <br />.emovzd, multiplied by their respective unit prices. <br />!f you are late making an ins[allmen[ payment, you must not <br />remove any more material until you have paid. Removing material <br />you ha~a not paid for is vespass, and for trespass you must pay at <br />[riple [he appraised uni[ price, or a[ triple [he reappraised uni[ price <br />if BLM has made a reappraisal. To resume removal operations <br />atiar you were late making payments, you must obtain BLN('s <br />written approval. <br />(d) You receive title to the mineral materials only after you <br />have paid for them and extracted them. <br />Sec. 4. Risk ojloss -You assume comple[e risk of loss for all <br />materials to which you have title. If material covered by this <br />contract is damaged or destroyed before tide passes, you are liable <br />fur all Iws sufh:red ify~u or your agents ore direcd} or indiree[ly <br />responsible for the damages. If you are no[ responsible for the <br />damage or des ruction, you are liable only w the extent that the <br />loss was caused by your failure to remove the material under the <br />terms of this contract. You are still liable for breach ofcon[ract or <br />am' wrongful or negligent act. <br />Sec. 5. Liability jor damage to materials not sold to you -You <br />are liable for loss or damage to materials no[ sold [o you if }'ou or <br />~ our agents arc directly or indirecth~ responsible for the damage or <br />loss. You are also liable if you fail [o perform under the contract <br />according to BLNI's instructions and [he United Stales incurs costs <br />rcsul[in_e from your breach of any contract cerm or your failure to <br />toe proper conservation practices. If the damage resul2d from <br />~~ilitul ur gru;; ne~lig~rnce, you era liable Cur triply [ha appraised <br />slue of the damaged or destroyed materials. lF the damage or <br />'estruction did not result from willful or gross negligence. }~ou are <br />able for lesser charges, bu[ not less than the appraised value of <br />the materials. <br />Sec. 6. Stipu±ations and reserved terms -Your rights are subject <br />[o the regulations a[ 43 CFR Group 3600 and to any stipulations <br />,~andJ Ihz mining plan attached to this contract. <br />~(yBLAI will check this box if there are sti ulations attached <br />/[o this contract.~~~,/(~Sft~cc.~~,¢wns~ <br />Sec. 7. ~briea of operations - You must notit}' BLi/til <br />immediately whin you begin and end operations under this <br />contract. f1 BL~11 ha> spzcitled a time frame [or notification, you <br />must comply e~ i[h the[ time frame. <br />Sec. b. u"urrd; - tu! <br />amoun[ of S <br />isuing this contract. <br />(b) IFyou do not perform all terms of the contract. BLJI <br />~~ill deduct an emoun[ eyual to [he damages from the (ace amoun[ <br />of the bond. If [he damages exceed [he amount of [he bond, you <br />are liable for [ha excess. BLNI will cancel [hz bond or return the <br />Cush or C.S. bonds you supplied when you have completed <br />performance under [his contract. <br />Fel BL~I will require a new bond whin i[ finds any bond <br />you tarnish under this contract [o bz unsa[isfac[on'. <br />C onunueii un nest peed <br />'i'ou must Furnish BL~I with a bond in tnz <br />as a condition of <br />Sec. 9. .a;;ignmrrus - 1'ou ma} not a;;ign this contract ~~ ithout <br />BLSI's wrinzn appros al. <br />Sec. 10. Modification of the .-Ippro~'ec( .Hining or Reclamcuiorr <br />Plan. You or BLN( ma}' initiate modification of these plans to <br />adjust for changed conditions. or to correct any oversieh[. The <br />conditions for BLS-I requiring you to modify these plans. ur <br />approving your request for modification are found in the <br />regulations at 43 CFR 3601.44. <br />Sec. 11. Er ira(ion of co tract - This~fontract will <br />expire ears, months, _/Qdays <br />from its approva dare. unless LM extends [hz rm or renews the <br />contrac[. <br />^ BL~1 will check this box if this contract is a renewable <br />competitive contract. <br />Sec. 12. Renewal ojrenewnble competitive contract. BLM will <br />renew your contract if you apply in writing nu less than 9U dsy's <br />before your renew~ahle competitive convect expires and you meet <br />the conditions in the reeuiazions m 43 i.:PR 36U?.47. <br />Sec. 13. V"iolations and cancellations. (a) It' you violare any <br />terms or provisions of this contrac[. BLiVt may cancel your <br />contract following the regulations at 43 CFR 3601.60 et sey.. and <br />recover all damages suffered by the United States. including <br />applying any advance payments you made under this contract <br />toward the payment of the damages. <br />(b) If you extract am mineral materials sold under this <br />contract during the suspension period. or after the contract has <br />expired or been canceled, you have commined. and may bz <br />charged with, willful trespass. <br />Sec. 14. Rzs'ponsibi(ity joi~ damages suJjtrecl ur cast; incu+a'rd by <br />the United States. If you, your contractors, subcon[rac[ors or <br />employees breach [his contract or commit an} wrone['ul or <br />negligent act, you are liable for any resulting damages suffered or <br />costs incurred by the United States. You must pay the United <br />S~atzs within 30 daps after rcczi~ing a written demand from BL61. <br />Sec. 15. Ertznsions ojtime. BL~I may Brant you an e.x[znsion of <br />lima in which to comply with contract provisions under the <br />regulations at 43 CFR 3602.27. For contracts kith [erns ova' 90 <br />days. }'ou must apply in writing no less than 30 or more than 90 <br />days before }our contract expires. For contracts with terms of 90 <br />days' or less you must apply no later than IS days' before your <br />convect e.~pires. <br />SeC. 16. Time jor rrnmcirg perform! properrv 1'ou have <br />dacs foot w z~ceed 90~ [iom [ha date [his contract <br />eepires ro remove tour oyuipmen[. improvements. and other <br />personal property from United $[a[d5 lands or righ¢-of-wa}. 1'ou <br />ntu~ le:nz in place impro~zmen[s such as roods. cuh arts. and <br />bridge if BL~11 con>enu. :Am prepem rcmaining :ui.r this <br />period ends becomes [he propam of the United States. but )ou <br />sill remain liable For [he cost of rcmo~ ing it anJ restoring [he site. <br />Sec. 17. F.otrnl oopor¢mirr clmr;d - Th: actions } ou take In hiring <br />must oomph ~~ ith the prop i;ions oI F~aeuti~z Urder \o. I I'_Jb of <br />Sep[. 24. 1965. as amended. which describe [he non-discrimination <br />clauses. You may eat a cop} o[ this order from BLU. <br />EXRIBIT N <br />