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<br />If during any year Lessee shall remove from the leased premises a <br />quantity of materials in excess of the amount for which advance royalty has been <br />paid, then royalties for additional materials removed from the premises shall be <br />due on the 10th day of the month follaaing the calendar month in which such ex- <br />cess materials are ra[~ved. <br />Lessee agrees to keep a strict and accurate record of all materials <br />removed from the leased premises and all sales thereof, aryl Lessor shall <br />have the privilege at reasonable times of examining the mining procedures <br />and checking the books and records of Lessee for the purpose of verifying <br />the amount of royalties payable. At the beginning of the first year of <br />operation of this lease and annually on the anniversary date, the Lessor <br />and Lessee shall examine the mining area and locate as near as practicable <br />the boundaries from which the materials will be removed durinq_ the ensuing <br />year in order that measurements of the mined area may be made at the end of <br />each year to confirm as near as possible the amount of material removed in <br />comparison to the amount of material removed as shv~m by the load tickets <br />aforesaid. <br />If in any lease year Lessee fails to remove as much material as has <br />been paid for by advance payment of cn,aranteed royalties, the excess of such <br />payment of guaranteed royalties shall not be applied as payment for materials <br />removed in any prior or subsequent year that this lease has been or is in <br />effect. <br />SEK.TIGN `1fiIREE <br />SURFACE RICA-1'I'S OF LESSF~ <br />Lessee may clear brush and undergrowth from such portions of the <br />leased premises as may be reasonably necessary to explore for materials or to <br />locate pits, quarries, and stockpile areas. In order to obtain access to the <br />leased premises, and to carry on its operations hereunder, Lessee shall have <br />the right to make use of all roadways presently existing on the leased <br />premises, and shall have the further right to build such additional roads <br />as may be necessary for the production and removal of materials hereunder. <br />In building such roads Lessee may use materials from the leased area, and <br />Lessee shall not be required to pay royalties to Lessor for materials so <br />used. It is understood and agreed that one of the present means of access <br />to the leased area is through private lards owned by third persons and that <br />it shall be the responsibility of Lessee to obtain permission from said <br />third persons for such access and that it shall not be the obligation of the <br />Lessor and that the Lessor in no mariner guarantees availability of such <br />access to Lessee. If it should become necessary as a means of access to <br />construct or repair a new or existing bridge across the Hartland Ditch or <br />any lateral thereof, such shall be done at the cost and expense of the <br />Lessee not cost or expense to the Lessor. In the event any new route for <br />access becomes necessary, Lessee shall first obtain the consent of the Lessor <br />as to the route across any of Lessor's property, but Lessor shall not unrea- <br />sonably withhold consent for such nea route of access from the leased premises <br />to U.S. Highway 50. <br />2 <br />