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<br /> <br />SECTION FOURTEEN <br />ROYALTIES ABOVE MININII.IM <br />In addition to the prepaid royalty of $3,500.00 per year being <br />the equivalent of 10,000 cubic yards of material, minimum, to be mined <br />b~+ the lessee, the following royalties shall prevail: <br />$.35 per cubic yard for the next 10,000 yards of material. <br />On all materials rerroved in each year in excess of 20,000 <br />yards, the royalty shall be $.30 per cubic yard, payable <br />as aforesaid on or before the 10th day of the following <br />month along with the monthly report then due. <br />SECTION FIf'I~1 <br />AAiUSTMENT FOR INFiATION OR DEFLATION <br />At the beginning of each fiscal year or the annual renewal <br />date under the teens of this lease, namely on the day of <br />of each year, adjustment in the royalties scheduled herein shall be made <br />pursuant to the then ciu_zent COnSUmer Price Index prepared by the U.S. <br />Department of Labor for the State of Colorado and royalties shall then <br />be adjusted upward or downward in the event of any change and such <br />Consumer Price Index effective that date. <br />SECTION SIXTEE(9 <br />COUNTY AND FOCAL USE PERI~LiTS <br />In the event any local or county use permits are required from the <br />County of Delta for such mining operation, the responsibility and expense in <br />connection therewith shall be on the hand of the Lessee to obtain and coi~ly <br />with the same. <br />SECTION SEVEN'i~I <br />HOURS AND DAYS OF OPERATION <br />Lessee may operate the said mine and premises twenty-four hours <br />per day, seven days per week; subject to any prohibitions resulting from <br />ornq~laints of neighbors or adjoining property owners and Lessee shall hold <br />lessor harmless in connection with any legal expenses or damages resulting <br />fran such complaints and prohibitions. <br />IN WITNESS WHFREOF, the parties hereto have hereinto set their hands <br />the day and year first above written. <br />ACTION EXCAVATING, INC. <br />a Corporation, Lessee <br />IN,'A MOWBRAY, Lessor <br />By <br />DAN JONES, President <br />