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• roads or other causes beyond the reasonable control of Lessee make it difficult, even with <br />reasonable diligence, to remove all such property from the Mining Properties, Lessee <br />shall have a reasonable period of time after such condition ceases to remove the property. <br />8.4 Data and Information. For a period of six (6) months following the termination of <br />this Lease, upon request of Lessor, Lessee shall furnish Lessor one copy of geological <br />and engineering data, assay maps, geophysical survey maps, records of production, and <br />other data compiled by Lessee, relating solely to the Mining Properties and not <br />previously furnished to the Lessor; provided, however Lessee shall not be obligated to <br />furnish internal proprietary information and Lessee makes no representations or <br />warranties, express or implied, concerning any information or data regarding the Mining <br />Properties, and Lessor agrees that if it elects to rely on any of the data or other <br />information provided by Lessee, it does so at its sole risk. <br />IX. Miscellaneous <br />9.1 Taxes. <br />(a) Lessor and Lessee shall each pay their own federal and state taxes on their share <br />of income attributable to production from the Mining Properties. <br />(b) Until the Mining Properties are classified under Colorado law as a producing <br />• mine, Lessee shall pay all ad valorem and personal property taxes beginning for the <br />year 2006, and continuing each year thereafter. <br />(c) When the Mining Properties are classified under Colorado law as a producing <br />mine, Lessor and Lessee shall each be responsible for its allocable share of taxes <br />which are computed on the basis of the amount of proceeds from production as <br />assessed under the Colorado method of mining taxation as, for example, severance <br />taxes. <br />(d) Excise and taxes levied on the privilege of mining shall be paid by Lessee. <br />(e) The Lessee shall create a Tax Reserve Fund to assure the payment of such taxes. <br />There shall be deducted from net smelter returns on all materials produced and sold <br />from the Mining Properties, before any royalties are computed 1.5% of the value <br />there of, for the purpose of a tax reserve fund for paying such taxes. Said 1.5 % <br />deduction shall be paid to the Lessor by the smelter or other ore producing agency, <br />and the same shall be held by the Lessor as a trust fund in its hand for the payment, <br />when due, of such taxes. Any surplus remaining in said tax fund accumulated in the <br />year, for which the taxes were levied after the payment of taxes, shall be equitably <br />and ratably apportioned and paid to the respective parties on the basis of the <br />applicable royalty rate paid during such year. At any time after the mining properties <br />are placed in production, it is determined that said 1.5% deduction is insufficient to <br />pay such taxes, then said 1.5 % deduction may be reduced or increased in such <br />amount as may reasonably be expected to pay the taxes which are to be paid there <br />March 12, 2010 Amendment M- 1981 -185 9 <br />