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- <br />If an assignment of a part of this lease is approved, a new lease designated as an assignment will be issued <br />to the assignee covering the lands assigned for the balance of the term of the base lease on the mining lease forth <br />in use at the time of assignment and limited as to term as said lease is limited. The assignor will be released and <br />discharge) front all further obligations for such lands assigned, as if the same had never been a part of this lease. <br />I I. ASSIGNMENT CONSIDERATION -- The consideration For approval of assignment by Lessor shall be 10% of <br />the value of any consideration tendered to Assignor by Assignee for the assignment. Divulgence of the value of <br />these considerations shall be mandatory, in affidavit form, which forth shall be presented to Lessor along with the <br />other assignment instruments in order to obtain Lessor's approval for the assignment. An assignment does not <br />constitute a new lease but is a continuation of the base lease. Any attempt to withhold this information shall be <br />construed as an attempt to defraud the State of Colorado and shall render this lease null, void and nonexistent, and <br />all moneys paid to Lessor shall be forfeited to Lessor. In addition, the current statutory fees will be paid at the <br />time the assignment record form is submitted. <br />12. WEIGHTS -- It is agreed that all minerals and other materials mined and taken from the leased premises shall be <br />weighed and the weight thereof shall be entered in due (orm in weight records kept for such purposes by Lessee. <br />Ton means 2000 pounds. Ton shall be determined by official Colorado State certified scales or other <br />methods approved by Lessor. <br />l3. STEWARDSHIP TRUST STIPULATION -- Lessor shall specify certain stipulations with respect to use of the <br />surface if said surface is included itt the Stewardship Trust prior to the issuance of this Lease. These stipulations <br />are attached as Exhibit t attd by this reference incorporated herein. <br />14. OPERATION PLAN -- All plans for exploration and mining shall be submitted to Lessor for approval by Lessor <br />before such operations begin. These plans will include, but not be limited to, permitting and mining of the existing <br />quarry identified as reclamation permit number M-81-118, NE22, 17S-68W, in the records of the Division of <br />Minerals and Geology. The mining of this quarry will be conducted in such a way as to minimize visual impact <br />from I lighway 115 by the leaving of a wall of in-place yuartzile sandstone of at least fifty (eel in width such as <br />that remaining in the northeast portion of the existing quarry. Mining of the quarry Floor will be conducted in such <br />a way as to leave at least ten feet of competent sandstone overlying any shale, claystone or otherwise less <br />competent rock that would he suhjectto erosion upon exposure. There shall be no mining in areas containing <br />springs or wetlands. Plans shall also include location of additional roads, location of access points to the Leased <br />Premises, and location of any cattle guards or gates and shall include provisions for control of weeds. <br />I5. MINING METHODS -- Only mining methods that will insure the extraction of the greatest possible amount of <br />minerals consistent within the laws and with prevailing good mining practice shall be used. ]f during the mining <br />activities, rock of high sales value such as high quality moss rock is encountered, this rock shall not be diluted <br />with less valuable rock and then sold for less than its market value. <br />16. ENVIRONMENTAL ANALYSIS -- Lessor ntay require that Lessee submit an environmental analysis for <br />approval by Lessor before any exploration or mining begins. If such analysis discloses materially adverse <br />environmental conditions Lessee may surrender this Lease pursuant to Paragraph 28 below. <br />17. RECLAMATION -- Lessee shall submit all plans for restoration and reclamation of leased premises to Lessor for <br />Lessor's approval before submitting the appropriate permit or permits pursuant to the Colorado Mined Land <br />Reclamation Act 34-32-101 ET SEQ., C.R.S. 1973 as amended, or before submitting any special use permits to <br />the Fremont County Commissioners. Rules and regulations as set forth by the Division of Minerals and Geology <br />fur recovery and restoration of mined land will apply where applicable to the Leased Premises. Variations from <br />the reclamation plan as originally submitted to Lessor for approval may be granted only with the written approval <br />of Lessor. In the event that Lessee is unable to acquire permits necessary for mining after a diligent effort <br />consuming at least three years froth initial filing, Lessor may at its sole discretion return as a refund alt or a <br />portion of the bonus paid for this lease. <br />18. LESSOR'S APPROVAL -- Whenever approval by Lessor is required or contemplated by Lessee, approval must <br />be in writing and shall be optional and shall be within the sole and absolute discretion of Lessor. <br />19. OTHER STATE AGENCIES -- Lessor may determine that instruments and documents required by other State <br />agencies satisfy certain requirements of this lease. In the event that Lessee is required to file instruments and <br />documents with other State agencies, including the Division of Minerals and Geology, Lessee shall notify Lessor <br />of said filing and Lessor reserves the right to request and obtain copies of such instruments and documents from <br />the agency or froth Lessee. <br />Page 4 of 7 <br />