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<br />pipe, power and telephone lines, roadways, water wclls. and without limitation by reason of the
<br />foregoing enumeration, any and all other structures. equipment, fixtures. appurtenances or
<br />facilities (all of the above being included under the term "Facilities"), together with the right to
<br />remove said Facilities and together with [he right to use such water as may be needed from [he
<br />Subject Property, except for water from Surface Owner's wells, ponds. or reservoirs unless
<br />specificalh authorized by Surface Otcner, together with ingress, egress and regress across other
<br />lands owned or controlled by Surface Owner. Such ingress. egress and regress rights shall be
<br />used in connection with the purposes granted herein and shall not unreasonably interfere with
<br />Surface Owner's ranching operations. Tltis Brant by Surface Owner is subject to any and all
<br />easements and rights of record heretofore eranted by Surface Owner.
<br />Section 2. Surface Use Payment
<br />As compensation for surface dan~age, easements and rights herein eranted to
<br />UPLRC and the releases made b}• Surface Owner, including but not limited to the release of
<br />liability by Surface Owner for surface disturbance. UPLRC shall pay [o Surface Owner fifty
<br />percent (~0%) of the net amounts received by UPLRC as royalty upon production of clay and
<br />associated borrow material from the Subject Propery. Each payment to Surface Owner shall be
<br />accompanied by a statement from UPLRC, its lessees. licensees. successors and assigns setting
<br />forth the total amount of products mined and removed from the Subject Properh•.
<br />Section 3. Term
<br />Subject to other provisions herein contained. this Agreement shall take effect on
<br />the date first hereinabove written and shall remain in full force and effect for a primary terrrt of
<br />five (~) years from said date and so lone thereafter as any mining. development. processing. or
<br />storage operations pertaining to cla}' aze~beins conducted b_v UPLRC, its successors or assigns,
<br />on the Subject Property on a continuous basis
<br />After the primary term of five (~) years, such operations shall be deemed
<br />continuous, unless a period of one hundred eighty (18~) consecutive days elapse in which no
<br />mining, development, processing or storage operation is conducted byUPLRC, unless such
<br />occurrence of no mining, development, processing or storage is due to Force Majeure.
<br />Force Majeure shall occur if UPLRC shall be prevented or inhibited by any cause
<br />reasonably beyond its control, including (by way of example, but not limitation) causes such as
<br />weather, mine shutdown, damage to or destruction of mine or plant facility, fire, flood, inability
<br />to obtain transportation, acts of the civil or military authority, insurrection, riou, strikes, labor
<br />disputes, breakage or unavailability of equipment or parts therefor, inability to obtain materials
<br />or competent workmen, or acts of God or such other matters as aze beyond the reasonable control
<br />of UPLRC in the performance of any of its obligations hereunder, such performance shall be
<br />excused and shall not be a ground for damages, cancellation, termination, or forfeiture hereof,
<br />and the period of performance of any such obligation shall be extended for an additional period
<br />equal to the period during which UPLRC is unable to perform its obligations by reason of said
<br />cause or causes. Nothing herein shall be deemed to require UPLRC to settle strikes, lockouts, or
<br />other labor difficulties contrary to its wishes.
<br />It is agreed that upon the termination of this Agreement, UPLRC, its lessees,
<br />successors or assigns shall have the continued right to enter upon the Subject Property for the
<br />purpose of complying with all state and/or local reclamation obligations which have not been
<br />completed or performed during the term of this Agreement.
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