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THIS LEASE TERMINATION AND RIGHT OF FIRST REFUSAL <br />AGREEMENT (the "Agreement ") is made this 1 S day of berrz�er, 2011, by and <br />between JEMOJ <br />AJIN, LLC, a Colorado limited liability company <br />("Lessor"), an d <br />OGLEUAY NORTON INDUSTRIAL SANDS, INC., California corporation, currently <br />doing business as CARMEUSE INDUSTRIAL SANDS ( "Lessee "). Lessor and Lessee <br />are collectively referred to hereinafter as the "Parties," and the individual parties hereto <br />are sometimes referred to Herein as a "Party." Unless otherwise defined herein, <br />capitalized terms have the same meanings as ascribed to them in the Lease. <br />Recitals <br />A. Lessor and Oglebay Norton Industrial Sands, Inc., previously entered into <br />that certain Lease Agreement dated as of January 31, 2006 ( "Lease ") for the lease of the real <br />property and improvements as described in Exl__11121A to the Lease. The Lease is modified by that <br />certain First Amendment to Lease dated April 3, 2009 the "First Amendment "), which <br />First Amendment revised the property which is subject to the Lease and substituted <br />Exhibit A -1 attached hereto and made a part hereof as the real property subject to the <br />Lease (the "Pro ert ''). <br />13. The term of the Lease the "Term ") ends on January 31, 2026. <br />C. Lessee's business plans have changed and Lessee desires to terminate the <br />Lease prior to the expiration of the Term, but desires to obtain a right of first refusal on <br />any sale or lease for sand mining purposes of the Property. <br />D. Lessor is willing to agree to terminate the Lease and Lessee's future <br />obligations under the Lease, and grant to Lessee a right of first refusal under the terns <br />and conditions in this Agreement. <br />Areement <br />'WHEREFORE, in consideration of the payments to be made by Lessee provided <br />for herein, the mutual covenants and promises of the Parties contained herein, and other <br />good and valuable consideration, the receipt and sufficiency of which are hereby <br />ackno .vledged by the Parties, the Parties agree as follows: <br />£ d L£179 <br />L e7A/a" <br />R ' 40 re--12. <br />LEASE TERMINATION AGREEMENT <br />AND RIGHT OF FIRST REFUSAL <br />s poM SSB1O axles n11/\ <br />RECEIVED <br />OCT 252012 <br />* DIVISION OP RECLAMATION <br />MININGAND SAFETY <br />d90 Z6 bl 9 <br />