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I <br />f <br />iv.. Adequate and reasonable insurance for other risks ordinarily insured <br />against in similar operations. <br />C. The Company agrees that it shall require all independent contractors; <br />contractors and subcontractors. who perform work in connection with the Property to have similar <br />and adequate insurance in full force and effect. <br />H. Title. <br />A. Lessor warrants that Lessor owns the surface estate and the Materials within <br />the Property, and Lessor agrees to defend said title against all adverse claims. <br />B. The Company has accepted Lessor's title as marketable, to the best of its <br />knowledge, as of the date of this Lease. If subsequent thereto the Company determines that. Lessor's <br />title to the Property and Materials is not good and marketable, the Company shall so notify Lessor in <br />writing, in which case Lessor, at Lessor's cost, shall correct the specified title defects. If any title <br />defects which render the title unmarketable or adversely affect the Company' right to mire are not <br />cured within sixty (60) days after receipt of such notice, the Company, at its option, may terminate <br />this Lease without any further obligation to Lessor or, at its option, may resolve the adverse claim <br />and deduct the costs incurred from payments otherwise due Lessor. The Company shall, as part of <br />such termination, have the right at its option to have any and all prepaid royalties not offset by Sales <br />Royalties refunded to the Company. <br />C. Without regard to the warranties of title given to the Company by Lessor, if <br />Lessor own less than one hundred percent (100%) of the Materials under all or any portion of the <br />Property, then the amounts payable to Lessor hereunder as Advance Minimum Royalty payments and <br />Sales Royalties shall be reduced in the proportion that the interest of the Lessor in the Materials <br />bears to one hundred percent (100%) of the Materials within the Property. <br />D. Lessor shall not enter into any new oil and gas leases or other new agreements <br />regarding oil and gas operations of the Property during the Term. of this Lease, except under <br />conditions which prohibit surface entry or occupancy and interference in any manner `with the <br />Company's operations on the .Property. With respect to new wellsites and other surface facilities <br />under existing oil and gas leases, Lessor shall promptly notify the Company of any no- tices or <br />requests by an oil and gas operator regarding surface use and hereby authorizes the Company to-use <br />reasonable efforts to obtain understandings with the oil and gas lessees or operators to minimize <br />impact of such wellsites and other surface facilities on the Company's sand and gravel operations on <br />the Property. Lessor shall reasonably cooperate with requests by the Company for assistance in the <br />Company's efforts to negotiate surface use agreements with the oil and gas operators relative to <br />existing leases. <br />-8-