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I <br />I <br />I <br />I <br /> <br /> <br />it shall indemnify Lessor against any claims, demand, costs, and expenses (including without <br />limitation court costs and reasonable attorneys' fees) for personal injury or property damage arising <br />out of its operations on the Frazier Property. <br />I 13. The following provisions shall apply with respect to the coordination of activities on <br />I the Delta Paving and Frazier Properties: <br />A. Delta Paving intends to obtain the governmental permits necessary to mine <br />I sand, gravel, and related products from the Delta Paving Property, simultaneously with the mining <br />I of such products from the Frazier Property. If Delta Paving obtains the permits necessary to mine <br />the Delta Paving Property, Delta Paving agrees that: <br />' i. During the first three years o f the term of this lease, Delta Paving shall <br />' not mine any materials from the Delta Paving Property; and <br />ii. A minimum of sixty percent (60%) of the total materials mined and <br />I removed from the stockpiles on the Frazier and Delta Paving Properties each year during fourth <br />I through tenth years of the term of [his lease shall be materials mined from the Frazier Property. <br />I B. Materials mined from the Delta Paving and Frazier Properties may be <br />stockpiled on either or both of the Properties. However, materials mined from each Property shall <br />' not be combined, but shall be kept in separate stockpiles so that royalties can be properly determined <br />I upon removal of the material from the stockpiles. Delta Paving shall keep and maintain records of <br />the amount of materials mined from the Frazier Property which are placed into the stockpiles, which <br />I records shall consist of the number of dump truck loads, loader buckets, or other similar measures <br />I <br />' D:`.MAK.GJPIPE.P RAZIER`.GRAVLE.~S VS '7' <br /> <br />