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N' • <br />In the event that said Lessee does not extract Crom said premises said minimum amounts above specified during <br />each lease year of the term nC this lease, it is nevertheless understood that the above sums of money are royalties <br />for the years stated, and are due and payable to the Lessor whether rninerils are mined or not during such yeaz, <br />but that such minimum advance royalty will be credited upon the first royalties due as hereinafter provided for <br />minerals aetuill~produeed form said premises and sold or milled during the yen (or which such minimum royilty <br />wu paid. <br />2. Production RovaltY -Lessor hereby reserves and Lessee agrees to pay to Lessor u royilty the following: <br />(a•1) otabLOaxaaats~ see attached schedule. <br />(a•?) For non•fissionable tn:terials - 7G~tX <br />7t70f1O4c~ <br />(b) ~Ottaeaaet <br />Within sixty days prior to the tetxninatton of each and every the-year period Cor so long u this <br />ease remains in effect, the State Board oC Land Commissioner ma reappraise the property herein <br />leued and fix and determine the me of production royilty to be paid doting each year of the succeeding <br />tive•year period. Failure to comply with any new royalty rate set by the Board tray subject this lean to <br />cancellapon by thinyday wrinen nonce by the Board. <br />If requested by Lessor, lessee is to furnish Proof of price received for all minerals sold. Such royalty is due and <br />payable on or before the tweary•Cifth (25th) day of each cilendu month during the term of this lease for tnineraLt <br />mined, removed, and sold by Lessee during the preceding cilendu month. <br />Royilry paymentt shall apply to payment received by the Lessee on any miner! so sold. The minerals mined <br />from the leased prtmises ma;y be milled in a custom or commercial plant or mill owned and operated by Lessee. <br />They rtuy not be coined ar commingled with ores from other propetties until they have been crushed and sampled <br />by the mill for the purpose of determining the hereinabove desr~taced minerals and other minerals contained m <br />the crude ore tlut may be salnaed by milling of same. The resulting samples are to be assayed a[ the laboratory <br />used by the mill where ore is trolled and Lessor ma demand an assay certtfiute showing the contenu oC each <br />delivery to mill. !f re uesteti by the Lessor, the trill is to reserve a pulp of each compostte sample for testing, <br />provided, however, said mill will not be obliged to keep pulp for a period of more than ninety (90) days. In the <br />event of a dispute u to analysis, the pulp prcpazed from each composite sample it to be referred to an umpire <br />acceptable to Lessor and Lessee and the deternuna[ioa of the umpire will be binding upon both panics. The net <br />weight of the crude ort on adry-weight basis will be determined a[ the scales at the mill. Lessor will have the right <br />to check the weights u often u it deems advisable. Lessee will famish Lessor with duplicate scale weight <br />cettificates. Ltssee agrees to, and will be held accountable to see that the foregoing provisions uc carried out by <br />such mill or mills u receive m,irtenls produced from the premises herein demised. <br />The Lessee his the right to mine, raise, n and transport ores from the lands hereby leued through other lands <br />now or hereafter owned or leased by the Lessee, and the right to raise, carry, and transport ores atttted by the <br />Lessee from other lands owned or leased by the Lessee oyer or through the lands covered by this lease; provided, <br />That the ores mined from o[lter lands ue in no even[ mined with ore ttuned from these leased premises, except u~ <br />provided above. <br />3. Overriding Rovilry Limitations - It is agreed that this leue or any subsequent assignment hereof may not be <br />burdened with overriding royilties the aggregate of which exceeds 2;L Lessor must be no[Sed <br />of all overriding royilties accruing to this leue. Violation of the above may subject this leue to ancellation by <br />Lessor. <br />4. Wei is - It n agreed that .all minerals rained and taken from said premises ue to be weighed and the weight <br />t ereot is to be entered in due form in weight records kept for such purposes by Lessee. <br />5. RRevorts -After operations are begt[n. it is agreed ttut on or before the 25th day of each and every month during <br />the term of this leue the Lessee will make a sworn report on forms Famished by Lessor, in wluch the exact <br />amount in weight of all tnirte:rals trained and removed from said premises and sold during the preceding calendar <br />month are to be entered anti accompanied by full payment for all royilty due Cor the month. Further, Lessee <br />must furnish annually a map ar blueprint of survey oC all workings, with loation of same tied to a comer <br />established by United States surveys of some land subdivision, certified to by s licensed engineer or surveyor. <br />6. Ins coon - It is agreed that during all proper hours wad at all times during the continuance of this leue the <br />ssor or iu duly authorized agent or agents, u authorized to check soles u [o their accuracy, to go through any <br />oC the slopes, entnes, snafu, openings, or workings on said premises, and to examine, inspect, survey and take <br />meuurements of the same and to examine and make extneu of copies of aB books and weigh[ sheen and records <br />which show in any way the mineral output of the leued premises, and clot all comveniences necessary for said <br />inspection, survey, or examination are to be Curttis}ted to the Lessor. <br />7. Minis Methods -Failure to comply with anv oC the provisions of this panaraph may subject this leue io <br />carte aeon. , <br />!n the underground and open pit workings, all st[afu, inclines, and tunnels must be we!) timbered (when good <br />mining requires timbering) and all pans of workings, where minerals uaaot exhaus[ed, will be kept free Crom <br />water and wute materials. The underground and open pit workings are to be protected against fire, floods, creeps, <br />and squeezes. !f such evenss do occur, they must be checked in a manner which is it[ keeping with good methods <br />of mining. Such methods of mining must be used u will insure the ex[nction of the gratesr possible amounts of <br />minerals consistent with prertiling good mining practice. <br />Cerise agrees to sloe the sides oC all surface pin or excavations to a ratio of not more than one Coot (I') vertical <br />for each two feet ( ) of hodzonul distance. Such sloping is to become a normil part of the operation. Whenever <br />practirable, all pi[s or excavations are to be shaped to drain, and in no case may the pits or ezavatiom be <br />allowed to become a hazard to persons or livestock. All material alined and not removed from the premises will <br />be used to fill the pin so thxt at the ex nation, surrender, or temtina[ion of this lease the land will, u nearly as <br />practicable, approxtmate its original contPgura[ion, with a minimum of permanent damage to the surface: <br />li on re nest Crom the Boazt! Lessee further auees to submi[ tans and ma s of ro osed minis ro ms in <br />a vance, sot at the oar may e t v aware or t e oronosea operanons. <br />8. Ri¢htsofwav - It is agreed that the Lessor reserves the right to gran[ righuoC•way over said premises for oublic <br />roads, railroads, power, tclegrapit, telephone, ditch, and canal lines, but such grams are to be subject to the righu <br />of the Lessee. <br />9. Notices - It u agreed that uty notice requned or permitted to be given to [.'te Lessee undo the provisions ai this <br />ease u to be sent by certited mail to the address sec forth at Ne beginning of this leue or to such other address <br />as Lessee may indicate in writing to Lessor and such service by mail will be deemed sufC~cien[ and in Cull came <br />plicence with the terms oI this Inse. Notice to Lessor is to be given in lilce manner, addressed to State Board of <br />Land Commissioners, Denver, Colorado. <br />-2- <br />