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(iv) Water Wells. It is understood that all water under this lease is non- <br />potable. The water wells referred to as Sandco Well (permit 38021 -F) and Dillon Pump #1 and <br />Dillon Pump #2 are appurtenant to the Gravel Processing Area. Dillon Pump #2 is excluded <br />from this Lease, and Lessor intends to change the point of diversion and use of the water from <br />Dillon Pump #2 to use on its adjoining property. <br />(v) Removal by Lessor. Lessor shall have thirty (30) days after the <br />Commencement Date within which to remove miscellaneous personal property belonging to <br />Lessor, provided that such removal shall not disturb Lessee's use of the property. Lessor shall <br />provide Lessee with one (1) day's advance notice of its intent to enter any of the Properties for <br />such removal. Lessee shall have the option to have a representative present during any such <br />removal. Lessor shall indemnify and hold harmless Lessee for any and all claims, actions, <br />causes of action, arbitrations, proceedings, losses, damages, liabilities and expenses in <br />connection with damage caused to any of the Properties by such removal. <br />(vi) Consultation. Prior to commencement of mining of the Pit Properties each <br />year, the Lessee shall conduct a preliminary consultation to advise Lessor of the method and <br />manner of the proposed mining. For the avoidance of confusion, the foregoing right is solely a <br />right to be notified of Lessee's intended method and manner of mining; Lessor shall have no <br />right to determine the method or manner of the mining conducted by Lessee. <br />(vii) Precious Metals. During the course of this Lease, in the event Lessee <br />develops a method to extract precious metals, such as gold, silver, etc., the Royalty provided for <br />in Section 4 shall be amended to include a separate Royalty with respect to precious metals as an <br />additional product minable under this Lease on terms to be agreed upon by Lessor and Lessee. <br />(viii) C.R. 252 Driveway. Lessee may, from time to time, utilize the driveway <br />running south from the Dillon Ranch Pit Property to County Road 252 to access the Dillon <br />Ranch Pit Property for non - mining activities, including without limitation for reclamation and <br />planning activities, as well as activities conducted in accordance with that certain Topsoil <br />Processing Agreement, dated as of the date hereof. Such access shall be subject to the consent of <br />Lessor, which consent shall not be unreasonably withheld. <br />(ix) Topsoil Removal. The parties acknowledge that the removal of topsoil <br />from the Pit Properties is govemed by applicable mining permits and agree that the maximum <br />amount of processed topsoil that may be removed by Riverside 007 LLC pursuant to the Topsoil <br />Processing Agreement shall be tons per year. <br />15. Confidentiality. Except as may be required by law, Lessee and Lessor shall <br />maintain the confidentiality of this Agreement and not record this Agreement or otherwise <br />disclose the duration of this Agreement or any of the other terms and provisions hereof, <br />provided, however, that a Memorandum of this Lease shall be executed simultaneously with the <br />Lease for recording. Neither the Lease nor any other document pertaining to the Lease shall be <br />recorded except the Memorandum of Lease. Without restricting the generality of the foregoing, <br />any information Lessor obtains regarding the Lessee pursuant to Section 6 of this Agreement <br />shall be kept confidential in connection with Lessor's review pursuant to Section 6, and in <br />connection therewith Lessor shall (i) not disclose any such confidential information to anyone <br />10 <br />