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weight of the materials that comprise the mixture and deducting the <br />weight of the added non - excavated materials, if necessary. <br />b. Scale Adjustments: Accuracy of the scale shall be checked and <br />adjustments made at least as often as required to continue to be certified. <br />Records of the accuracy check and adjustments shall be preserved and <br />made available in the same manner as other records. <br />5. Operations. <br />a. The Company shall conduct its operations on the Property in a prudent <br />and workmanlike manner and in accordance with good and accepted <br />mining and business practices and in compliance with all applicable <br />federal, state, and local laws, rules and regulations and all applicable <br />permits. The timing, nature, manner and extent of mining operations, <br />processing and sales shall be within the sole discretion of the <br />Company, and the Company shall not be required to mine, preserve or <br />protect in its operations any Materials which, under good mining <br />practices, cannot be mined or sold at a reasonable profit to the <br />Company at the time they are encountered. <br />b. The Company shall have the right to construct, maintain, a use roads, <br />pipe lines, power lines, telephone lines, conveyors and stockpile areas <br />and any right of way it deems necessary or desirable for its operations <br />on the Property related to the Company's operations under this Lease. <br />The Company shall have the right during the Term of this Lease and <br />without payment to Lessor to strip and remove overburden and <br />otherwise to use and occupy the Property as is reasonably required in <br />connection with mining, quarrying, extracting, processing (including <br />tailings -washed fines storage facilities), storage, transportation, sale <br />and removal of Materials from the Property and from other properties <br />on which the Company is conducting operations. <br />C. The Company shall have the right to construct and maintain Plants on <br />the Property at a location selected by the Company, and Lessor agrees <br />that the Company shall have full right of access for the construction, <br />use and maintenance of the Plants and for stockpiling Materials <br />processed or to be processed, whether from the Property or from other <br />properties on which the Company is conducting operations. Any <br />access easement and conveyor easement shall be 50 feet in width <br />within the Property. Any conveyor easement shall include but not <br />limited to the right to construct, operate, maintain, repair and remove a <br />conveyor system and similar, related or incidental improvements for <br />purposes of transporting Materials across the Property. The Company <br />shall have the right to place fines from the Property in mined out areas <br />at no additional cost to Company under this Lease. <br />