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for sand, gravel, fill dirt, or topsoil extracted and for • surface damages. No right of payment shall accrue until the material leaves the leased property. C. The payment to be paid per ton shall be adjusted annually. Qn each anniversary date the per ton payment will increase by Five Cents ($0.05) per ton. D. Elam shall weigh all material as it is removed from the leased site and keep good and accurate weight records thereof. Elam shall provide Lessor with a written statement as to all materials removed from the leased site by Elam in the preceding month and make payment to lessor by the twenty- fifth (25th) day of the following month for the materials removed in the preceding month. All records will be available for Lessors inspection at any time during normal working hours at E1am's office in Grand Junction, Colorado. 6. HAZARDOUS MATERIALS. Lessor shall be solely responsible for any existing hazardous materials or conditions that may be present before Elam enters onto the leased premises. Further, Lessor shall indemnify and hold Elam harmless from any claim or demands whatsoever and by whomsoever with respect to such hazardous materials or conditions. Any contaminated materials or products encountered during the mining activities Lessor will make available to Elam an approved and acceptable disposal site on their adjacent property. Elam shall conduct its operation on the leased premises in accordance with each and every requirement of the State of Colorado, Division of Minerals and Geology and Mesa County, and all regulations of any other governmental entity to which Elam's operations on the premises may be subject. Subject to the specific indemnities to Elam by Lessor which are set forth above, Elam will indemnify Lessor against any and all liability, including any environmental and reclamation liability, and provide proof of insurance, including but not limited to workers' compensation, motor vehicle liability, and general liability insurance, Lessor shall be provided with copies of all permit applications, notices and permit filings. Elam is to inform Lessor as to its intention and plan for the pit operations in general, At the expiration of the lease term, or prior thereto, if the gravel has been mined out, Elam shall complete the reclamation of the property at Elam's sole expense in accordance with the terms of the permits issued by Mesa County, Colorado and the State of Colorado, Division of Minerals and Geology. 7. LIABILITY INSURANCE. Elam shall maintain liability insurance in total aggregate sum of at least $1,000.000. Elam shall deliver appropriate evidence to Lessor as proof that adequate insurance is in force and names Lessor as an additional insured. Lessor shall . 3