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Requested By: sib 0 312812008 <br />Instruawt Book Page <br />200800696948 OR 1075 1942 <br />times except when entering or exiting the property. Under no circumstances shall <br />Lessee allow persons who are not employees, agents or contractors of Lessee to <br />enter the portion of Lessor's land that is closed to public access as a result of the <br />access rights granted to Lessee herein, unless otherwise directed by Lessor. <br />E. In the event that an additional intake airshaft is required in connection with <br />Lessee's operations, Lessee agrees to construct such airshaft within one - quarter <br />mile of an existing road. If an intake airshaft is located at a point beyond which <br />the applicable road is closed to public access, then the provisions of paragraph (D) <br />above shall apply. <br />F. Unless otherwise agreed by Lessor, Lessee shall not engage in construction <br />activity associated with intake airshafts or exhaust airshafts during the months of <br />April, May, September, October, November and December (" Restricted Activity <br />Months "); provided, however that if construction was commenced during a month <br />when construction activity was not restricted but due to unforeseen circumstances <br />was not completed before the beginning of the next Restricted Activity Month, <br />Lessee may complete such construction. <br />G. During the Restricted Activity Months, Lessee will limit its routine inspections <br />and routine maintenance of airshafts to the hours between 9:00 a.m. and 3:00 <br />p.m.; provided, however, that Lessee may have access at other hours in the event <br />of an emergency. The limitations established by this paragraph will not apply to <br />inspection or maintenance activities conducted in months that are not Restricted <br />Activity Months. Lessor and Lessee may agree to modify these limitations on an <br />as -need basis. <br />H. All rock, soil, overburden, or other material produced during the re- opening of an <br />existing intake airshaft or the construction of a new airshaft (either intake or <br />exhaust) shall be removed through the underground workings of the mine and <br />shall only be removed by overland transport if underground removal is not <br />practical. Under no circumstances shall any such rock, soil, overburden, or other <br />material be disposed of on the surface of the Leased Premises. <br />I. Once an airshaft is re- opened or constructed, the area of disturbance around such <br />airshaft shall be reclaimed and revegetated as soon as reasonably possible, using <br />only plant seeds that are of species native to the area from a list provided by <br />Lessor. <br />11. EMERGENCY ACCESS Notwithstanding any provision of this Lease to the contrary, <br />in the event of an emergency relating to Lessee's underground mining operations or <br />underground mining facilities on the Leased Premises, Lessee shall have such access <br />across the surface overlying the Leased Premises as may be necessary. In the event <br />emergency access is necessary, Lessee agrees to use existing roads to the extent possible. <br />Lessee agrees to reclaim as soon as reasonably practicable (subject to the requirements of <br />Section 16 of this Lease) any of the surface overlying the Leased Premises that is <br />disturbed as a result of emergency access. <br />Page 8 of 17. <br />