Laserfiche WebLink
Royalty.Terms: In consideration of the payment of 1 500 per year paid in advance on <br />the effective date of the agreement. The Operator agrees to pay the Owner, in addition to <br />the yearly fee mentioned above, $1.00 per U.S. Ton for all materials removed from the <br />above- mentioned property. Royalty payment will increase $.10 (ten cents) per ton every <br />two yeazs. Payments due will first be credited against the $1,500 annual fee mentioned <br />above. The Operator agrees to pay the Owner for the material that leaves the above- <br />described property from certified scales or load count, which will be based on U.S. Ton. <br />The exact measurement process shall be decided and agreed upon by both parties. <br />Payment shall be made by the 15a' of each month following the month the material is <br />removed from the property. In the event the material is used for a public entity project, <br />payment will be made within ten (10) days of receiving payment from the project owner. <br />Material maybe mined to sell to the general public, with royalties being paid to the <br />Owner. -- - <br />Indemnification: The Operator shall indemnify and hold harmless the Owner for and <br />against any and all liability, loss, damage, expense, fine, or penalty, including but not <br />limited to reasonable attorney's fees, caused by the negligence of the Operator in <br />connection with the operations of the property being mined. The Operator shall further <br />indemnify and hold harmless the Owner against any and all claims or actions based upon <br />or arising out of damage, injury or death to persons or property caused by the negligence <br />of the Operator on the property being mined, or based upon a violation by the Operator of <br />any local, State, or Federal statute, ordinance or regulation arising out of the performance <br />of this contract by the Operator. This indemnification and hold harmless includes any <br />damage caused by the negligence of the Operator to any structure or facilities located on <br />the mining site or adjacent to the mining site. Operators shall not be obligated to <br />indemnify and hold harmless the Owner for and against any and all liability, loss, <br />damage, expense, fine, penalty, or violation of any local, State, or Federal statute, <br />ordinance or regulation, or damage to any structure or facilities located on the mining site <br />or adjacent to the mining site, which occurred as a result of the negligence of the Owner. <br />Ingress & E ess: The Operator shall have the right of ingress and egress to and from the <br />said property. <br />Mineral Ri ts: The Operator shall not be liable to any entities, which may dispute, or <br />claim rights to minerals on the above-mentioned property. <br />Insurance: The Operator hereby agrees to maintain, at its expense, appropriate and <br />proper worker's compensation insurance to fully protect the Owner form any and all <br />claims for injury or death arising out of the performance of this contract, and <br />unemployment insurance as required by State and Federal Law. Further, the Operator <br />hereby agrees to provide liability insurance coverage at its expenses, at all times during <br />the term of this agreement, which policies of insurance insure both the Owner and the <br />Operator against liability for injury or death to persons, loss or damage to property <br />occurring in or about the property to be mined (to the extent that said coverage is <br />available under the Operator's liability insurance policy). The liability coverage under <br />such insurance policy shall not be less than $1,000,000.00 for any one person killed or <br />