2001-01-12_PERMIT FILE - M2001002

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• • 6. Settlement. (a.) Sutherland shall pay to Lessors any and all fees earned hereunder within thirty (30) days following the end of the month in which the Material is removed from the Subject Property. (b.) Volume and Weight Determination. The volume of all Material removed from the Subject Property shall be determined using the average volume of material contained in each truck load utilizing a certified scale located on the Subject Property. Until such scale is installed, weights shall be determined by the average weight of a loaded truck based on actual scale weights taken from time to tune of loaded treks, which weights shall be determined by a certified scale. 7. Records. inspection and confidentiality. Lessors and their agents, duly authorized in writing, may enter upon the Subject Property to inspect the same, during normal business hours and at such times, and upon such notice to Sutherland as shall not unreasonably hinder or interrupt the operations of Sutherland. Upon the written request of Lessors, Sutherland will make available to Lessors all records of Material removed including weight tickets or other factual data pertaining to operations on the Subject Property. Sutherland shall facilitate and assist such inspections by Lessors in every reasonable way, but Lessors shall enter upon the Subject Property at their own risk and expense and shall indemnify and hold Sutherland harmless from any damage, claim or demand by reason of injury to or the presence of Lessors, their agents, representatives, licensees or guest or any of there on the Subject Property. 8. Reclamation. All areas disturbed by the removal of Material hereunder shall be reclaimed and returned to productive use in accordance with the reclamation plan submitted and approved as part of Sutherland's Permit to Rcmove Material issued by the Department of Natural Resources, State of Colorado. 9. Protection from Liens and Damaecs. Sutherland shall keep the Subject Property and the whole and every part thereof free and clear of liens for labor done or work performed upon Subject Property or materials furnished to them for the development or operation thereof under this Agreement while the same is in force and effect, and will save and keep harmless Lessors from all cost, loss or damage which may arise by reason of injury to any persons employed by Sutherland in or upon the Subject Property or any part thereof. or except as provided in Paragraph 7 hereof. which may arise by reason of injury to any persons or damage to any property as the result of any work or operations of Sutherland or of its possession and occupancy of the Subject Property. A lien upon the property shall constitute a default if not removed within ten (10) days of notice. 10. Taxes. While this Agreement is in effect, and except as provided hereinafter. Sutherland shall promptly pay all property taxes. assessments and other governmental charges imposed upon the Subject Property as a result of mining activity, the Material rcmoycd. and upon any structures, facilities, equipment and personal property, located or crceted thereon by Sutherland, and Sutherland shall pay the same before they arc delinquent, Sutherland shall have the right to contest in the courts or otherwise, the validity or amount ofany taxes or assessment if Sutherland deems to be unlawful. ugjust, unequal or exccssi%c, or to take such other steps or proceedings as Sutherland shall be required to pay the same, but in no event shall Sutherland permit or allow title to Subject Property to be lost as the result of nonpayment of any taxes. 11. Default and Forfeiture. The failure of Sutherland to make or cause to be made any ofthc payments herein provided for or to keep or perform any agreement on its