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<br />1 <br />' stockpiles on the Frazier Property or on the Delta Paving Property. No production royalty <br />shall be payable to Lessor for any materials which aze mined from the Delta Paving Property. <br />D. Delta Paving shall provide Lessor with a written statement as to all materials <br />removed by it during the preceding month and, subject to the provisions of Paragraph 7, <br />' below, shall make payments to Lessor of any royalty due by the ?0th day of each month. <br />E. Delta Paving shall install scales and weigh all materials before or a[ the time <br />' of removal from Delta Paving's stockpiles and shall preserve the weight ticl.ets. Lessor shall <br />have the right to review the weight tickets during Delta Paving's normal business hours. <br />7. Delta Paving shall pay advance royalties to Lessor as follows: <br />' A. Delta Paving shall pay to Lessor advance royalties of ~ 10,000.00 per year for <br />the first two years of the lease term, and advance royalties of X20,000.00 per year for the last <br />eight years of the lease term. The first advance rovalty payment shall be due and payable <br />within thirty days after the effective date of this lease (as set forth in Paragraph 3, above). <br />' Additional advance royalty payments shall be due and payable on or before the same month <br />and day of each of the succeeding nine years. subject to the provisions of Paragraph 7.C., <br />' belo\v. <br />B. The advance royalties payable hereunder shall be offset against royalties <br />' which shall accrue and be payable to Lessor for sand and gravel mined from the Frazier <br />Property and removed from Delta Pavin~'s stockpiles under this lease. If the advance royalty <br />paid for a year exceeds the amount of royalties accruing in that year, the excess shall not be <br />' used to reduce the amount of any advance royalties payable in future years, but this excess <br />shall be tamed forward to offset royalties actually due m any future years during the term <br />of this lease. If the amount of royalties accruing in a year exceeds the advance royalty paid <br />' for that year, the amoLmt of the excess shall be used to reduce the amount of advance royalty <br />accruing for the next year. Subject [o the provisions of Paragraph 1 ~, below, if any excess <br />advance royalties remain at the end of the term or other termination of this lease, Lessor shall <br />be entitled to retain such excess royalties, and shall not be required to refund the excess to <br />Delta Paving. <br />' C. If commercial sand and gravel shall be mined out of the Frazier Property <br />before all advance royalty payments are due and payable, Delta Paving may give written <br />notice thereof to Lessor, and thereafter Delta Paving shall not be obligated to pay any <br />' additional advance royalties. Delta Pavine shall then vacate the Frazier Property with <br />reasonable dispatch and this lease shall terminate, subject to the provisions of Paragraph 14, <br />below. For the purposes of this Paragraph, "mined out" means the removal of substantially <br />' all of the minable corrunercia] sand and gravel from the Frazier Property, v,~ith the exception <br />of the area needed for processing and stockpiling of the mined material. <br />' D'~MAH•GIPIPE'•.FRAZIER\GRAVLEAS.VS '~' <br />1 <br />