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VV/ Lt.1 00 , L , - iv WAA J . V I V V /'f V?&V YuLin ?AL.Y W v'%" '... VJ'AA .v W-j Vv <br />the index for Aprft 1, 1998. In no event shall the Royalty Price be reduced by auy such <br />computation. Ile M3nittmm Royetty shall be dumlady adjasted for each extension of this Lessc. <br />If the index described above ceases to be published by the United States Department of Labor or <br />its successor agency, then a rirtm'Iar index shell be ut Rized that is intended to create a siaailar result. <br />Section 4. <br />Recor& Lessors rawme the right to ewer on the <br />Parcels at reasonable ti ms to inspect there and Lessee shall permit Lessors to do so. Lessors <br />shall have the further right to audit the books and records ofLesseo ru la rig to the Parcels and the <br />material nfaaed therefrom at any tine and from time to time. If any such audit reveals that the <br />royalties paid to Lessors under Section 3 of this Lease are deficient, Lessee shall irnrnediately pay <br />any amounts in arrears. If such deficiency is more that five percent (5%) of the Minimum <br />Royalty, Lessee shall pay for the cost of such aw k If such deficiency is less than five percent <br />(5%) of the Mi dmurn Royalty,14mrs shall pay for the cost of such audit. <br />i n I Use and Aestrictians on Use. 7110 Parcels are to be used for the purposes of <br />conducting a gravel mining operation and activities incidental thereto, inehrding asphalt plant and <br />ready mixed concrete plant operations. Lessee " restrict its use to such purposes and Am not <br />use or permit the use ofthe parcels far any outer purpose without the written consent of Lessors. <br />Lessee shall not conduct any activities on the p1'emiaws in violation of any Ioral, state or federal <br />law, regulation or rule. Lessee shall not allow any waste or nuisance on or about the premises, <br />Lessors own certaitr shares of ilncouupabgre valley water Users Association, which provides <br />water A&A for use on Parcel I, and hereby gent to Lessee the right to use a portion of said <br />water for the permitted activities set forth in this Section 5, but o* if sufficient water is available <br />for said use after the needs ofthe ag&Vft rat use set forth in Section 6 heroof; if any of said water <br />is used for that purpose, Lessee agrees to reimburse U mm for their cost of said water based <br />upon the proportionate use thereof by Lessee.. <br />Section 6. __ alien o Lessmx, I ?ssors. spe6fically reserve all rights to use <br />the Parcels not specifically set forth iu Section 5 of this Lease, including, wid n d limitation, the <br />right to conduct agricultural operations an the pameels ar lease the parcels to third parties for the <br />purpose of conducting agdm tu*d operations and callect resuts under such leases. <br />SCCU(m7- ft n?Maiatenance. IAMO shall maintain at its cost the Parcels and <br />kei* tlhM in good repair, incluclin& without lindtation, fames, roadways, easements, rights of <br />way, irrivtiou canals and ditches and riverfink stabnlU anon. Lessee may alter or change such <br />items only with the prior written consent ofLfyssors. In the event Lessor agrees to a relocation of <br />any irrigation canals or irrigation ditches adjoining Parcel 1, Lessee do so at its cost and in such a <br />.manner as to preserve the existing water flow for the benefit of parcel l and all dovrnau"m users. <br />On or before the Telm mufion Date, Lessee abash. complete all required reclsmation •activiries with <br />respect to those portions ofthe parcels which Lessee alined during the term of this Lease, except <br />that Lessor shall not be required to complete the revegitation portico of requcaed reclamation <br />activities until one (1) year after the Twmination Date, <br />8. ') arm Lessee sbILU maintain at its cast any and On peumits necessary and <br />proper for the operation ofa gravel mining pit iB. good standing, and Lessors shall cooperate with <br />2