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18109 '09 VEN 11:57 FAX 418 892 2420 CARR S POLYCOR INC ID 010 <br />of Labor, Bureau of Labor Statistics issued nearest in tune prior to the AdjustMent Date and <br />the denom{nator "'Which shall be the same index as it was published on the date eve years <br />earner. In the evert said index no longer is published or detarmined, the .u ts <br />be made on the basis of the index published and issued in place thereof; or on the basis of ] <br />such other index as reasonably tnay be acceptable to the pines hereto. <br />2-7 Additional Royalty. Although this lease is granted to Lessee for the ose o <br />Dumension Mtarble from the P my of mining <br />ProPedY, it is understood and agreed the, in addition to Blocks <br />Saved, a ceottain. quantity of waste, soap, and broken marble will be generated in the mining <br />process. f`is`a reeC1: that'in zro event shall Lessee sell Waste Marble to third pasties which <br />amount clenches two hmirm. p== (200%) of the volume of Blocks Saved during my <br />3?eat .d r <br />airing the initial Teran.:Purthcrarore, it is agreed that Lessee shall pay to Lessor in <br />addition to and without credit against not awmuutate credit by tho Minimum Royalty or <br />Production RD)Wty, a Waste Royalty Of $0.55 per short ton (2000 pounds) of Waste Marble <br />sold to third Party purchasem Thu Waste Royalty shall be payable to Lessor each calend <br />quarter con=zent with the Production Itoy ar <br />slty or Mulmum Royalty.,. q event sYiail } <br />wee sail Waste, Marble or arty othe?rm le reaorrered <br />from the Prope* for use in the <br />pmdlrCtib7n of ground calcium carbonate ofa fineness of less. than Two R.Imdred (200) mesh; <br />Violation of this provision ofparagraph 2.6 Shall result in autottrratic, immediate terminatiom <br />of'ties Agreement and shall elttitle Lessor to go upon the Property and evict Lessee in addition to <br />sY and other remedies available to Lessor for such breach. <br />_ 2.8 Records and Reports. Lessee shall provide to Caesar <br />/ voluune of Blocks Saved, Waste Mazble, and Space showing the amount and <br />`•? rrteans) at or from the Pro g Q°?? roY weight digs or other <br />Party uch reports shall be prepared and, provided to Lessor <br />within thirty (30) days s$er each calendar quarter and delivered simultanmusly with the <br />payment of royalties. Lessor shall have Me right to request such additional informadon and <br />c <br />the opies of records reasonably necessary to support or document the information contained in <br />quarter-annual reports which shall be provided to Lessor at the cost and expense of <br />Lessee. <br />ARTICLE 3: PERMTB <br />3.1 Permits. Promptly after the execution of this Agra t, Lessee shall use its good W4, <br />best efforts; to obtain, and tbeteafter maintain m good standing, all perrrti% consents, <br />va4anees, approvals, licenses and certifications kom every governmental agency having <br />jurisdiction, necessary for the Operation on the <br />Lessor will cooperate with Lessee, and will joinina ad oot?haue . Quarry. To all d' <br />applications, papers, documents and other instruments nmmaryf+or the issmanc a of the <br />Permits- All such applications, papers, docuirmts and other insftmeuts nece"mry for the <br />Wmance of the Permits shall be prepared by and at the expense of Lessee and shall be <br />submitted to Lessor for Lessor's review and approval p6or to execution and submission to <br />the government agencies. It is agre ed Lessor shall undertake and peafmm such review <br />within ton (10) days, or such other period as the parties agree, in writing, of the date Lessor <br />receives such applicatimis papers, docurnews acrd other .irtsirumats and i fLassor does not <br />give written notice of approval or disapproval dated within said <br />period, Les will be <br />deemed to have approvedof same.