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• (a) All royalties previously paid in advance; and <br />(b) Any costs which Lessee may deduct from royalty payments as provided in <br />Section 3.3 of the Lease; and <br />(c) The amount of haulage fees paid as provided in Section 9.3. <br />5.4 Co-Mingling. If the Lessee is mining other properties, it shall have the right to co- <br />mingle the ore and concentrates from the Mining Properties with other ore and <br />concentrates from other properties, provided that Lessee weighs, samples and assays as <br />required in accordance with sound mining practices to properly allocate the mineral <br />values amongst the <br />different ownerships. <br />5.5 The Lessee may refine, smelt or otherwise treat the production from the Mining <br />Properties at facilities operated by Lessee provided that its charges shall not be more than <br />an amount which would be charged if a non - affiliated smelter or refinery or other <br />processing facility refined, smelted or processed the production from the Mining <br />Properties. <br />VI. Covenants of Lessee <br />6.1 Lessee Covenants and Agrees: <br />(a) It shall conduct operations in a miner -like manner in accordance with good <br />industry practice and applicable laws and regulations. All work shall at all times be <br />under the sole control of and done in accordance with the exercise of the discretion <br />and judgment of Lessee as to time, place, method and manner of performance. <br />Accordingly, as to such work and the responsibility for it as provided in Paragraph 6. <br />1 (e) following there is not deemed by Lessor and Lessee to be a contractual <br />relationship between them as to the manner of performance, direction, and <br />supervision of such work since such matters, by the Lease terms, are to be <br />determined in the discretion of the Lessee subject to applicable rules of State and <br />Federal regulatory agencies. <br />(b) Lessee shall post and keep posted on the Mining Properties a notice that it holds <br />possession pursuant to this Mining Lease and that it is solely responsible for the <br />payment of all obligations incurred by its operations. <br />(c) Lessee shall pay when due all claims for work done, services rendered, or <br />materials furnished to the Mining Properties, except those which Lessee disputes in <br />good faith. <br />(d) Lessee shall keep the Mining Properties free and clear from all liens and <br />10 encumbrances, but may in good faith contest the validity or amount of any lien <br />March 12, 2010 Amendment M- 1981 -185 6 <br />