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reasonable to mine, the POSP is obligated to continue operations. )£ the POSP elects not to <br />operate during any given season, other than for reasons outside his control, the POSP is obligated <br />to pay anon-production fee of $ 1,500 to [he POFP. <br />29. Eventuality of Death or Incapacitation of the POFP. If this Agreement is in effect and the <br />POFP precedes the POSP in death, the POSP will have first right to purchase all interests in these <br />Properties and will have continued rights to complete production and sell mined materials as <br />indicated herein. <br />If the named heir to the POFP's estate declines to retain these Properties and decides to dispose of <br />said Properties, the POSP will have first right to purchase said Properties at a fair market value to <br />be set by anon-interested party qualified to assess mining properties of a like nature. The POSP <br />will have one hundred and twenty days (120) to accept or reject any first right of purchase and to <br />meet any financial obligations incurred therein. <br />The POSP will be obligated to continue to offer mined materials for a period of ninety (90} days <br />after eventuality of death. Any accrued royalties on materials sold or which are sold within ninety <br />(90) days of termination of this Agreement by event of death will be paid to the estate of the <br />POFP. All reasonable efforts will be made to sell any unsold materials within this ninety (90} day <br />period, to include reasonable Liquidation, but not sacrifice sates. Remaining unsold material, <br />including any cleaned, or uneleaned, Group 1, Group 2, and Group 3 material wilt become the sole <br />property of the POSP. <br />The POSP will have the responsibility for completing reclamation work only on those areas for <br />which he has disturbed during his operations and not for areas which may remain unreclaimed and <br />that occurred prior to this Agreement. In thus manner, the POSP is nat held responsible for prior <br />conditions which he may not be able to reclaim since he wilt no longer be able to produce <br />materials to sell by which to cover these costs. <br />30. Eventuality of Death or dncapacitatian of the POSP <br />If in the event, the POSP precedes the POFP in death or becomes incapacitated, this Agreement is <br />terminated and all interests revert to the POFP, except that the heirs to the POSP, Scott Anderson <br />Dorris and Timothy Lee Donis will have a trst option to continue this Agreement. In addition, <br />the heirs as referred tn, wil} attempt to liquidate and sell any materials outstanding from <br />production of ttris operation for a period of four (4} months, afterwhich, all unsold material will be <br />returned to the POFP, unless agreed to other conditions by these parties under a separate and new <br />Agreement. <br />31. Binding Clause. This Agreement shall be binding upon all who execute it, and inure to the <br />benefit of their respective heirs, personal representatives and assigns; contains the entire <br />agreement between the parties; supersedes all previous agreements whether oral or written, and <br />cannot be amended except in waiting. <br />9 <br />