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<br />600K13`i:0 fP.G'. 8~. <br />D. If for any reason the described Index shall no <br />longer be published then the parties shall attempt <br />to reach a mutual agreement on an Index reasonably <br />similar thereto for use thereafter and if no mutual <br />agreement can be obtained with respect thereto then <br />the Index to be applied shall be determined by arbi- <br />tration under the Rules and Procedures of the American <br />Arbitration Association (Commercial). <br />E. No royalty shall be payable to Lathams unless and <br />until the product has been removed from the leased <br />premises. <br />F. Corn shall provide Lathams with a written state- <br />ment as to all materials removed by it during the <br />preceding month and shall make payment to Lathams of <br />any royalty due by the 25th day of each month. <br />G. Corn shall weigh all materials before removal from <br />the premises and shall preserve weight tickets £hereon. <br />With respect to sand and gravel incorporated into <br />asphalt hot mix, the royalty shall apply to the full <br />weight of the asphalt hot mix. Due to the quality of <br />gravel on the leased premises Corn shall not use any <br />of such gravel for any concrete batch mix and before <br />any concrete batch plant would be used on the leased <br />premises, the parties hereto must mutually agree as to <br />the terms and provisions applicable to the use of the <br />leased premises by Corn for such purpose. <br />6. On the effective date of the lease, Corn shall pay <br />to Lathams a $10,000.00 advance royalty and, additionally, shall <br />pay a $10,000.00 advance royalty to Lathams on each anniversary <br />date of the lease term, and on the beginning date of each exten- <br />sion of the lease term for which Corn may exercise its option. <br />The advance royalty paid in each year shall be offset only against <br />royalties which shall accrue and be payable to Lathams for sand <br />and gravel removed from the premises in the twelve months for <br />which payment is made. If the commercial gravel shall be <br />mined out prior to the end of the base term, Corn may give <br />written notice thereof to Lathams and thereafter Corn shall not <br />be obligated to pay any additional advance royalties. Corn shall <br />then vacate the premises with reasonable dispatch and this Lease <br />Agreement shall terminate subject to the obligations for reclama- <br />tion as contained hereinafter. For the purposes hereof, "mined <br />out" shall be defined as the removal from the premises of the <br />mineable commercial sand and gravel with the exception of the <br />area needed for processing of the mined material which area shall <br />not exceed ten acres in size. <br />7. Corn shall save Lathams harmless from all taxes <br />which may be assessed or levied against the property installed <br />- 3 - <br />