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<br />• or machinery necessary for the operation of said quarry, except that no residence or building used <br />or to be used for residential purposes shall at any time be erected on the Leased Parcel by Lessee. <br />Lessee shall have ninety (90} days in which to remove any and all materials, buildings, and <br />equipment placed on the premises by it during the term of this Lease, after the termination, <br />forfeiture, or abandonment of this Lease solely for the purpose of quarrying and removing <br />construction material in connection with its business, and for no other purpose, but Lessee shall <br />have exclusive mtning'and cju~rry privileges during such time. <br />2. Surface Rights of Lessor. Nothing in this Lease shall be construed to prevent Lessor <br />from making such use of the un-leased portion of the Starks Parcel as he may see fit, so long as <br />such use in no way restricts, limits, or interferes with the quazry operations of, and use of the <br />Leased Parcel for quarry purposes by Lessee. <br />3. Protection of Adjoining Parcel. It is expressly understood and agreed that since <br />Lessor owns a residential parcel of land adjoining the Leased Parcel on the West, no blasting, <br />mining or quarrying of construction material shall be done within two hundred (200) feet of any <br />building or out-building that is now or that may hereafter be erected on such adjoining parcel. <br />4. Periodic Reports to Lessor. Lessee or Operator shall forward to Lessor monthly <br />statements with ticket numbers showing the quantity of construction material removed from the <br />Leased Premises and weighed by Lessee or Operator at its business premises during the preceding <br />. month. Such reports shall be forwarded by Lessee or Operator by the 15°i day of the month <br />following any month in which said construction material is removed. No report shall be required <br />for any month during which no construction material has been removed from the demised <br />premises. Lessor may upon ten (10) days notice in advance examine the quarrying procedures <br />and check the books and records of Lessee or Operator at its business premises for the purpose of <br />verifying the amount of rent payable to Lessor. <br />5. Rental. Lessee agrees to pay Lessor as rental for the access, surface use and <br />accommodation rights granted hereunder and in lieu of compensation for surface estate damage, <br />if any, the sum of. per year, payable on the fifteenth (15"'} day of <br />January of each year in advance ("Annual Rental"). Lessee shall also pay an additional rental, <br />from time to time, of per ton for each ton of drywall, stepping <br />stones and cutting rock removed from the Leased Parcel and <br />_per ton for flagstone and dimensional slabs removed from the Leased Parcel ("Additional <br />Rental"). Such additional rental shall be paid monthly on or before the fifteenth (15`s) day aRer <br />the month in which any construction material is removed from the demised premises and delivered <br />to the Lessee's business premises for each month during the term of the Lease. Lessor <br />understands that no minimum amount of additional rental shall be required per year, and the <br />amount of construction material removed by Lessee from the Leased Parcel each year shall be <br />determined solely at the discretion of the Lessee. All the construction material removed from the <br />leased premises to Lessee's business premises shall be promptly weighed by Lessee at its business <br />premises to determine the amount of additional rental owed to Lessor <br />