1999-02-18_PERMIT FILE - M1999011 (6)

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LESSEE, shall have the further right, if it so desires, to erect and maintain on PREMISES, at its own cost and expense, such machinery and equipment as it shall deem necessary for the proper and economical working of said pit or pits and the removal of MATERIAL therefrom LESSEE shall have the right to remove, if necessary, and where LESSEE may consider advisable, any soil, waste sand or overburden from such MATERIAL and to deposit the same on adjacent land. LESSEE shall not bury or cause to be buried any trash, debris, or other extraneous materials on the PREMISES or land adjoining the PREMISES. 4. TERMINATION LESSEE may terminate this LEASE when LESSEE has completed its excavation operations on the PREMISES. LESSEE shall be deemed to have completed LESSEE'S operations when, in LESSEE'S sole judgment, further excavation of sand, gravel and rock would no longer be economically desirable to LESSEE either because of the quantity or quality or location of the remaining deposits. 5. PAYMENT FOR SAND, GRAVEL AND ROCK LESSEE shall pay or cause to be paid to the LESSOR an amount of Fifty Cents ($0.50) per Ton (2,000 pounds) of MATERIAL removed from the PREMISES. Such payment will be made to the LESSOR or any other person or entity at a time or place as so designated by the LESSOR Payment from the LESSEE to the LESSOR shall be made by the 20ih day of the month following removal ofthe MATERL4L from the PREMISES. Claims for payment for the MATERIAL made by any other parties shall not be the responsibility of the LESSEE. LESSEE shall have the right to bring onto and thereafter to remove from the PREMISES dirt, sand, rock or other material to be used in the formulation of the final product produced. All tonnages of such product shall be sepazately accounted for when leaving the PREMISES. No royalty or any other compensation shall be paid by the LESSEE to the LESSOR for the dirt, sand, rock or other material which may be brought onto the PREMISES.