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• <br />Premises and the right of UPLRC or its affiliates to renew and extend the term ofsuclt rights and <br />easements. <br />Section 3. UPLRC'S RIGHT TO USE LEASED PREiViISES <br />[t is understood that this tease is limited specifically to the uses and purposes hereinabove <br />set forth, and UPLRC, its affiliates, successors, lessees, licensees, and assigns, shall have the right <br />to use the Leased Premises for any purpose not inconsistent with the rights herein granted to the <br />Lessee, including, among other things, the right of UPLRC, its affiliates, successors, lessees, <br />licensees, and assigns, to prospect for, drill for, mine and remove, coal, oil, gases of any nature, and <br />all hydrocarbon substances, ores, and minerals (other than Clay) together with the necessary right <br />of ingress and egress, provided, however, that such use by UPLRC, its affiliates, successors, lessees, <br />licensees, and assigns shall not unreasonably interfere with the operations and business of the Lessee <br />on said premises. <br />ecti n 4. QTHER SUBSTANCES <br />All valuable products, minerals, and materials, other than Clay, extracted and recovered from <br />the Leased Premises in the mining and removing of Clay, shall not be considered as being (eased <br />substances under this Lease and shall be and remain the property of UPLRC. <br />In the event Lessee shall discover gold or other minerals in paying quantities within the.Clay <br />leased hereunder, Lessee shall give UPLRC written notice of said discovery. In the further event <br />Lessee sha]I undertake to extract gold from the Clay excavated and removed from the Leased <br />Premises during the term of this Lease, Lessee agrees to pay in cash to UPLRC royalty in an amount <br />equal to forty percent (40%) of the sales price, hereinafter defined, received by Lessee from the sale <br />of gold mined and removed from the Leased Premises. Said royalty shall be paid by Lessee to <br />UPLRC on or before the twentieth (20th) day of each and every month to cover royalties due to <br />UPLRC on gold mined and removed during the immediately preceding month. In the event Lessee <br />desires to remove minerals other than gold from the Clay excavated from the Leased Premises, the <br />parties shall negotiate in good faith a royalty rate for the minerals so removed. The term "sales <br />price" shall be defined to be the price received in an arm's length transaction between Lessee and <br />a third party other than an affiliate. <br />ection 5. TER. <br />Subject to other provisions herein contained, this Lease shall take effect on the date first <br />hereinabove written and shall remain in full force and effect for an initial term of five (5) yeazs from <br />said date and so long [hereafter as any mining, development, processing or reclamation is being <br />conducted hereunder on a continuous basis. For purposes of this Section 5, such operations shall <br />be deemed as being conducted on a continuous basis unless and until, after the end of the initial term, <br />a period of one hundred and eighty (180) consecutive days elapses during which no mining, develop- <br />ment, processing or reclamation is conducted. <br />Page 2 of 13 <br />