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render$ the Property unsatisfactory in the Company's sole good faith determination for its sand and <br />gravel 'or Plant operations, then. the Company may give notice of such fact to Lessor and, upon the <br />giving'ofstich notice, this Lease shall terminate and neither party shall have any further obligation to <br />the other. <br />B. The Company shall conduct its operations on the Property in a prudent and <br />workmanlike manner and in accordance with good and accepted mining and business practices and <br />in compliance with all applicable federal, state and local laws, rules and regulations and all <br />applicable Permits. The timing, nature, manner and extent of mining operations, processing and sales <br />shall fie within the sole discretion of the Company, and the Company shall not be required to shine, <br />preserve or protect in its operations any Materials which, under good mining practices, cannot be <br />mined or sold at a reasonable profit to the Company at the time they are encountered. <br />C. The Company shall have the right to construct, maintain, and use roads, pipe <br />lines, dower lines, telephone lines, and stockpile areas and any right-of-way it deems necessary or <br />desirable for its operations on the Property related to the Company's operations under this Lease. The <br />Company shall have the right during the Term of this Lease and without payment to Lessor (except <br />for Sales Royalties and Import Pees payable pursuant to Paragraph 3 and rental and Advance <br />Minimum Royalties payable pursuant to Paragraph 4) to strip and remove overburden and otherwise <br />to use', and occupy the Property as is reasonably required in connection with mining, quarrying, <br />extracting, processing (including tailings-washed fines storage facilities), storage, transportation, sale <br />and r6moval of Materials from the Property and from. other properties on which the Company is <br />conducting operations. The conceptual mine phasing plan demonstrating the presently contemplated <br />sequence in which mining will occur as to various portions of the Property attached hereto as <br />Exhibit Cis mutually agreeable to the parties,. Such phasing plan is incorporated into this Lease <br />The parties recognize and acknowledge, however, that the phasing plan is subject to revision as <br />warranted by Permit requirements, actual site and mining conditions and market and other economic <br />conditions, To the extent shown on Exhibit C, the Company shall have the right to construct, <br />main 'n, and use roads, pipe lines, power lines, telephone lines, and stockpile areas it deems <br />nece sary or desirable for its operations on the Property related to the Company's operations under <br />this Lease. <br />D. The Company shall have the right to construct and maintain Plants on the <br />Property at locations selected by the Company, and Lessor agrees that the Company shall have full <br />right Hof access for the construction, use and maintenance of the Plants and for stockpiling Materials <br />processed or to be processed, whether from the Property or (subject to Paragraph 3.1)) from other <br />properties on which the Company is conducting operations. Any access easements and the location <br />and alignment or realignment of any conveyor shall be agreed upon by the Lessor, which agreement <br />shall not be unreasonably withheld. Any access easement and conveyor easement shall be 50 feet in <br />wilt' , Any conveyor easement shall include but not be limited to the right to construct, operate, <br />maintain, repair and remove a conveyor system and similar, related or incidental improvements for <br />purp?ses of transporting Materials across the Property. The Company shall. have the right to place <br />washed fines in mined out areas at no additional cost to Company under this Lease. <br />-8-