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<br />(d) LESSOR reserves the right of access to the Leased Premises at all times, and <br />at LESSOR'S sole risk, subject to the condition that the exercise of this right shall not interfere <br />with LESSEE'S operation. <br />(e) LESSEE agrees to conduct its operation so as not to cause excessive dust <br />and/or air pollution. <br />(f) LESSEE'S mining operation shall be conducted with the end in mind of <br />leaving the Property a[ the termination of this Agreement in an attractive condition. To this end, <br />it is agreed that the banks of the gravel pit shall be sloped, and that the top soil removed from <br />that portion of the Leased Premises shall be returned or replaced to the slopes of the gravel pit <br />within one (1) year of the termination of this Agreement. It is understood by the parties that the <br />reclamation of the "gravel pit" may be subject to the rules and regulations of the State of <br />Colorado or the United States of America. Any requirements imposed by either of such <br />authorities or any agency thereof shall control to the extent same may be inconsistent with the <br />provisions of this paragraph. <br />(g) If any gold is recovered from the processing plant it will be divided equally <br />(50/50), after expenses, between the LESSEE and LESSOR. <br />27. Water Storaee Reservoir Oration: It is the mutual desire of both parties to explore <br />whether the final use of the Leased Premises can be a water storage facility. At the option of <br />LESSOR, LESSEE shall line the gravel pit created by LESSEE'S excavation of the Leases <br />Substances. LESSOR shall exercise his option to have the gravel pit lined by providing notice to <br />LESSEE within thirty days after LESSEE has commenced actual physical mining activities on <br />the Leased Premises. Upon such notice LESSEE agrees to complete and deliver to LESSOR at <br />the end of the Lease a sealed water storage reservoir at LESSEE'S cost in accordance with all <br />regulations and design standazds applicable to the construction of the reservoir imposed by the <br />Colorado Division of Water Resources, State Engineer's office. LESSOR and LESSEE agree to <br />work together in good faith to address any issues that arise during the mining and reservoir <br />construction process. In the event LESSOR exercises this option for construction of a water <br />storage reservoir, LESSEE shall pay LESSOR a reduced royalty <br />~or each ton of Leased Substances shipped from the Prope durin the fast "lease <br />yeaz", increased each year at the rate per ton of <br />Leased Substances shipped during each subsequent lease yeaz o this Agreement. <br />CKhf~57136U59687.03 1 O <br />