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the maximum quantity possible, provided that this paragraph shall not Limit <br />owner's rights to terminate this Lease for default or to make objection after <br />notice to Lessee to applicable governmental authorities as to mining or <br />operating practices which are in violation of Lessee's mining or reclamation <br />plans or permits and which violations constitute defaults under this Lease or <br />extend this Lease beyond the provision contemplated in paragraph 2.c above. <br />11. Obligation to Pav Taxes. During the Term of this Lease, Lessee will <br />pay all personal property taxes levied on personal property owned or used by <br />Lessee located on the Property, and will pay all real property taxes levied upon <br />the Property to the extent they exceed the amount which would be payable were <br />the Property classified as agricultural land. If the Property is not separately <br />valued and assessed for agricultural use, valuations of agricultural properties <br />in the vicinity of the Property shall be considered is determining the value on <br />which to base such allocation. Any sales and use taxes arising from Lessee's <br />operations are to be borne (or collected) by Lessee. Owner shall pay any <br />increase in any taxes imposed on Lessee or Owner which is a direct result of <br />annexation or rezoning caused by Owner, except as to taxes attributable to Owner <br />Production Royalty. In the event that any local, state or federal authority <br />shall impose any tax, surcharge or financial obligation upon either owner or <br />Lessee wherein the basis for such tax, surcharge or financial obligation upon <br />either Owner or Lessee shall be severance, removal or processing of Sand & <br />Gravel, the Lessee agrees that during the term of this Lease the Lessee shall <br />pay all such obligations, taxes or surcharges, or reimburse the Owner for such <br />amounts in the event that the Owner shall be so required to pay such amounts <br />Property taxes will be prorated for the first and last years of the Lease and <br />shall be prorated among areas on the basis of acreage, if the Property is <br />assessed as part of a larger tract. Any change in use or, method of assessment <br />or levy upon or in connection with commencement or termination of this Lease <br />shall also be taken into account in any proration. If either party receives tax <br />notices, schedules or declarations pertaining to taxes which are in whole or in <br />part the responsibility of the other party, such forms ahall promptly be <br />forwarded to the other party. <br />12. Compliance With Applicable Statutes. Ordinances. Reoulations and <br />Permits. Lessee will conduct its operations in compliance with all applicable <br />statutes, ordinances and governmental regulations and germits; provided, <br />however, that Lessee shall not be deemed to be in violation of any statute, <br />ordinance, regulation or permit so long as it is actively contesting or <br />protesting the terms thereof in good faith, in an appropriate forum, so long as, <br />upon final termination of the contest or protest, Lessee promptly complies as <br />required by the result thereof. Lessee shall keep the Property free and clear of <br />any liens for labor done or work performed on the Property or materials <br />furnished to Lessee for the operations under this Lease,-but Lessee shall have <br />the right to dispute or contest the validity of such liens, provided that such <br />actions will not create a risk of loss of title to the Property. Lessee will <br />post and keep posted such notices as owner reasonably requests and supplies to <br />Lessee to advise third parties, including parties who may be entitled to assert <br />such liens, that operations on the Property are under the sole and independent <br />direction and control of Lessee or Lessee's agents and solely for Lessee's <br />benefit. <br />12.1 Zoninv ~ Permits. Owner represents and warrants to Lessee that Owner <br />has obtained all permits and governmental approvals necessary for Lessee's <br />mining and other operations On the Property contemplated by this Lease, <br />including -special use permit, petition for zoning amendment, mined land <br />reclamation permits and such other permits, as may be desirable or are required <br />and which would enable Lessee to mine the property and perform other extractive <br />RECEIVE® <br />a <br />FEB 12 2003 <br />Oivisipn pt Niinerpis and Geulpgy <br />