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provide all reasonably cooperation to LESSOR to ensure that the weights are kept accurate <br />to industry standards. <br />(c) The LESSEE shall maintain true and accurate records and accounts, in <br />accordance with recognized industry accounting principles, showing the data necessary for <br />the computation of Royalties due under the terms of this Agreement, and LESSEE shall <br />deliver a statement at Che time ofmaking payments to LESSOR. <br />(d) Copiesofalltruckfrontendloaderbucketscaleticketsandbatchplantweight <br />tickets, referred to in (b) above, shall be furnished to LESSOR upon written request. <br />LESSOR'S Warranty of Title: <br />(a) LESSOR represents acrd warrants that he has good and marketable title to the <br />Property comprising the Leased Premises, free and clear of any leases or other possessory <br />interests, and that he has goad riglrt and lawful power to eater into this Agreement and to <br />grant the Option and enter into the lease as contemplated hereunder. LESSOR agrees to <br />indemnify, defend and hold LESSEE harnless from and against any actions commenced <br />against either party hereto by any person or entity claiming or to claim any righC, title or <br />interest in the Leased Premises adverse to or in derogation of LESSOR'S title and interest <br />hereunder, and LESSOR shall indemnify and hold LESSEE harmless from and against any <br />judgment, datnages or settlements which may be entered or agreed upon in any such <br />proceeding. <br />(b) LESSOR further wurants and represents that there are no easements (except <br />for power, gas, and telephone) or other liens or encumbrances affecting the Leased Premises <br />which could interfere with, adversely affect or encumber the rights of LESSEE to extract <br />Leased Substances in the manner described herein or pursuant to the mining and reclamation <br />plans or permits which LESSEE may subsequently apply for, except as shown on <br />Exhibit "C" (the "Permitted Exceptions"), which is attached hereto and made a part hereof. <br />8. Water Ri ts: LESSOR owns no water rights appurtenant to the Leased Premises <br />and, as a result, makes no representations about the use of water rights under this Agreement. <br />9. Condemnation: In the event the Leased Premises, or any portion thereofbecomes the <br />subject of a condenmation proceeding, LESSOR shall defend the same, and in the event LESSOR <br />is divested of the title to the Leased Premises, or any portion thereof, through such condemnation <br />proceedings, LESSEE may tern~inate this Agreement if, in its sole discretion and option, the portion <br />of the Leased Premises remaining subject hereto is not sufficient to extract a sufficient quantity of <br />Leased Substances necessary to make the minimum annual payment to LESSOR on a royalty basis <br />or if such condemnation would make the continuation of the lease economically unfeasible. In <br />connection with any such condemnation or conveyance in lieu thereof, LESSEE shall not be entitled <br />to recover any award for loss of its leasehold estate and interest in the Leased Premises under this <br />Agreement; the entire award shall be the property of LESSOR. LESSEE shall have the right to <br />09/06/2002 L.G. Everis[ /Rock Island Land Co. Page 5 <br />Option and Lease Agreement <br />