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<br />B. Promptly afer execution of this lease, GJP shall file an application with the <br />appropriate water coup to adjudicate a water right gird, to the extent required by law or <br />deemed necessary or desirable by' G.IP, for approval of an augmentation or other replacement <br />plan for the water depletions resulting from GJP's operations under this lease (the "\\'ater <br />Rights Application"). The Water Rights Application will be filed jointly in the Warne of <br />Lessor, as lessor, and GJP; as lessee, and will provide that GJP's interest in the water right <br />~ will cease upon expiratton or terntination of this lease. The water right sought in the Water <br />Rights Application will be for reclamation purposes and industt'ial purposes; including but <br />' not limited to evaporation, dust suppression, aggregate washing, and product moisture losses. <br />GJP shall hear- all other costs of filing and prosecuting the Water Rights .4pplication, and of <br />any enginzering work necessary to support the Water Rights .4pplication. GJP shall <br />prosecute [he Water Rights Application to conclusion with diligence, provided, however, that <br />GJP shall not bz required to accept any temZS and conditions in any decree proposed to be <br />entered with respect to the Water Rights Application which are nut acceptable to it. Copies <br />of any en~ineenn~ work that GJP may have prepared shall be gtven to Lessor. Lessor shall <br />cooperate with and assist GJP in the prosecution of the Water Riehts _4pplication. GJP shall <br />be entitled to utilize, without charge, any water Jiahts so adjudicated for evaporation, <br />reclamation purposes, dust suppresson, product masture lasses; aggreuate washing, or other <br />uses needed in its operations on the Prnpert}• during the teen of this lease, and any <br />I auk n.entation ar replacement plans which may have been approved. <br />C. If GJP has not obtained the Wel] Permit and a final decree (not subject to <br />appeal) approving the Watet' Rights Application; containing terms satisfactory to it, by the <br />date of issuance of the musing permit fiom the Dl`[G refen'ed to m Paragraph 2, above, then <br />GJP shall have the option; in its sole discretion, to temtinate this lease. If GJP desires to <br />' terminate the lease for tlus reason, it shall do so by giving written notice to the Lessor of the <br />terntinanon within fifteen days after the issuance of the permit from the DMG. Upon <br />termination, dte application for the Well Pet~rrit shall be withdrawn, and the Water Rights <br />' Application shall be withdrawn and distnissed. If GJP fails to give such notice by the end <br />of such fifteen day period, this lease shall remain in full force and effect, <br />' D. After the expiration of the lease tzrm or other termination of this lease, GJp <br />shall assign all rights and obligations under the Well Permit to Lessor. In addition, all water <br />' and water rights, including any lakes or pools that may be left on or with the Property as a <br />result of GJP's mining shall belong to Lessor. GJP shall have no further interest in or <br />obligations under such Well Permit, water, water rights, or any augmentation or replacement <br />plans, except to the extent they are needed for the proper reclamation of the Property, in <br />which case Lessor agrees that they can be used for reclamation purposes. <br />6. In consideration of this lease, G]P agrees to pay to Lessor as follows: <br />' F:'~.M.4 H~GIPIPE~B.~R NESGR'i LSB.tP..R1'I -~' June I. 7998 <br /> <br />