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PERMFILE124167
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PERMFILE124167
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Last modified
8/24/2016 10:21:47 PM
Creation date
11/25/2007 12:20:34 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1978093
IBM Index Class Name
Permit File
Doc Date
12/20/1972
Doc Name
LEASE AND OPTION AGREEMENT BETWEEN COMMERCIAL MINERALS INC AND COLO LIEN CO
Media Type
D
Archive
No
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<br />_2_ <br /> <br />control thereof, and to explore, develop, mine, operate and use <br />the Subject Lands and any surface or underground water rights <br />occuring therein or appurtenant thereto, and to mine, extract <br />• and remove fxom the Subject Lands any ores or mineral-bearing <br />substances therein or appurtenant thereto. Lien may use the <br />surface of the Subject Lands for any purpose reasonably incident <br />to these ends, including, if it so elects, development of the <br />Subject Lands by open pit mining methods. Lien is further granted <br />easements and all rights-of-way for ingress and egress to the <br />Subject Lands to which Commercial is entitled. <br />6. TERI<4 OF LEASE. The term of the lease granted hereby <br /> shall be for twenty (20) years from and after the Effective Date, <br /> or at such time as this lease is terminated pursuant to paragraphs <br />12 or 15 hereof, whichever is the earliest. <br />7. LEASE PAYh4ENTS. <br />A. Production Royalties: Lien shall pay to Commer- <br />n;a7 a DnnA,in+inn Rnvalty of 1lld nar t.nn of all raw feed Gt~ne <br />that is mined and either: (1) processed and sold by Lien's lime <br />plant, which may be constructed as described in paragraph 7.D. <br />below, or (2) sold to third parties. Lien may make these Produc- <br />tion Royalty payments on either a monthly or quarterly basis, and <br />tonnage of raw feed stone shall be computed in accordance ~vith <br />acceptable industry standards. If periodic audits reveal any <br />underpayment of Production Royalties to Commercial, Lien shall <br />remit the amount thus due Commercial within thirty (30) days of <br />discovery of such underpayment, If such audits reveal any over- <br />' payment of Production Royalties to Commercial, Lien shall be <br />entitled to deduct such overpayment from the Production Royalties <br />• next due Commercial until such overpayment has been fully recovered <br />by Lien. Commercial shall have the right to inspect all audits, <br />books and records of Lien relating to calculation of.such Produc- <br />tion Royalties at any time during Lien's .regular business hours. <br />
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