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2of7 <br />During certain months of the year, it may be impracticable to remove materials <br />because of weather conditions. Nevertheless, a report shall be required for any month <br />during which no materials have been removed. <br />Lessee shall keep a strict and accurate record of all materials removed from the <br />leased premises. <br />Lessor shall have the privilege, at reasonable times, upon prior notice to Lessee, of <br />examining the mining procedures and cheddng Cite books and records of Lessee for the <br />purpose of verifying the amount of royalties paid or payable. <br />If during the term or any renewal term of. this lease, Lessee pays a greater royalty to <br />another landowner (or landowners) than the rate .then paled under this lease, Lessee <br />shall pay Lessor a royalty equal to the largest royalty paid another landowner from who <br />it purchases materials, effective as of the date such greater royalty is paid to the other <br />landowner. Landowner includes the holder of only mineral interest without any <br />surface interest <br />SEC*J1ION THREE <br />SURFACE RIGHTS OF LESSEE <br />Lessee may clear brush, undergrowth and other ground cover from the portions of <br />the leased premises as may be reasonably necessary to explore for materials or to locate <br />pits, quarries, and stockpile areas. <br />In order to obtain access to the leased premises, and to carry on its operations, <br />Lessee shall have the right to make use of all roadways now existing on the leased <br />premises, and shall have the right to build such additional roads as may be necessary <br />for the production and removal of materials on the leased premises. <br />In building such goads on the leased premises, Lessee may use materials from the <br />leased area. Lessee shall not be required to pay. royalties to Lessor for materials so used, <br />but must account for such materials in the monthly reports to Lessor. <br />Lessee may erect a plant or plants on the leased premises, if it should so desire, to <br />process materials. <br />Lessee may erect such buildings and install such machinery and equipment as may <br />be useful in connection with its operations. <br />Subject to the legal authority to do so, Lessee shall have the right to drill water wells <br />on the leased premises for use in connection with mining operations. Upon Lessee's <br />permanent cessation of the use of any well, or on termination of this lease, Lessee shall <br />leave the well and the welt casing for the use of Lessor, but Lessee may remove any <br />pumps or motors it has installed or caused to be installed; and all water and water <br />rights thus developed shall remain with the land and revert to Lessor at such time. <br />Lessee shall be solely responsible for replacing all required depletions from a well that