Common use of Development Clause in Contracts

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises into a viable mine and will reasonably mine the Materials in such a manner as is consistent with generally accepted mining practice. Neither rentals nor Royalties paid or to be paid hereunder shall relieve Lessee from any of the obligations herein expressed. Specific examples of compliance with the above include, but are not limited to: (a) Lessee agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will not be allowed to become a hazard to persons or livestock; (c) Lessee agrees to mine the Materials in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C of this Lease, all Materials produced by Lessee from the Leased Premises that cannot be so marketed (herein called “Waste Materials”) will be used to fill the pits and excavations on the Leased Premises and no Royalty shall be due thereon at that time. No other use of these Waste Materials or any Materials is allowed unless Lessee obtains Lessor’s prior written consent to such other use. However, should another use of the Materials be permitted, Royalty shall be due for these used Materials in accordance with Sections 3 and 6.C of this Lease Agreement and, should another use of the Waste Materials be permitted, the Waste Material royalty exception of this subsection shall not apply and Royalty shall be due for these used Waste Materials in accordance with Sections 3 and 6.C of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketable, then Lessee will (1) process, make marketable and market those former Waste Materials as set out in Section 6.C of this Lease Agreement and (2) pay Royalty thereon in accordance with Sections 3 and 6.C of this Lease Agreement. Lessor reserves the title to all minerals contained in these Waste Materials both during the term of this Lease Agreement, and upon the expiration, surrender, or termination of this Lease Agreement. Nothing in this section shall be construed to give Lessee the right to sell or otherwise dispose of minerals or substances other than Materials.

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises into a viable mine and will reasonably mine the Materials in such a manner as is consistent with generally accepted mining practice. Neither rentals nor Royalties paid or to be paid hereunder shall relieve Lessee from any of the obligations herein expressed. Specific examples of compliance with the above include, but are not limited to: (a) Lessee agrees Resonant and Skyworks shall each diligently perform the actions and tasks assigned to slope them respectively, and substantially on the sides schedule set forth on Exhibit A attached hereto. The schedule will commence on the earlier of all surface pitsOctober 1, excavations 2013 or as soon as practicable following the closing of Resonant’s private financing. If Resonant and subsidence areas Skyworks mutually agree, they may execute Statements of Work (each an “SOW”) to further supplement Exhibit A, including to describe (i) contributions of Proprietary Technology and other resources by each of Skyworks and Resonant; (ii) adjustments to the anticipated timing for completion of each milestone set forth on Exhibit A (each, a “Milestone”); (iii) adjustments to specifications and/or acceptance criteria for the Duplexer to be developed in connection with such Milestone; (iv) additional Milestones; and (v) any adjustments to funding commitments related to the Development Project set forth on Exhibit B. However, no such additional SOW is required or a manner consistent with good mining practices. Such sloping is condition to become the obligations in this Agreement or as a normal part condition to commencement of the operation;Development Project, unless agreed mutually in an SOW. If an SOW is entered, each such SOW shall automatically be deemed attached to this Agreement as a supplement to Exhibit A upon execution thereof by Skyworks and Resonant without additional action required. Any such mutually executed SOW shall govern such aspects of the development process as specified therein and shall, to the extent stated expressly therein, supersede and replace specified terms of Exhibit A. Any amendments or revisions to any SOW that may be entered shall be mutually agreed to by the parties to the SOW in writing. (b) Whenever practicableEach of the parties agrees to be responsible for its own costs relating to its negotiation of and performance under this Agreement, all surface pits, excavations and subsidence areas will not except as may be allowed expressly set forth in a mutually agreed to become a hazard to persons or livestock;SOW. (c) Lessee agrees to mine the Materials in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; Within five (d5) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C days following execution of this LeaseAgreement, all Materials produced by Lessee from the Leased Premises that cannot be so marketed (herein called “Waste Materials”) will be used to fill the pits Resonant and excavations on the Leased Premises and Skyworks shall each identify no Royalty shall be due thereon at that time. No other use of these Waste Materials or any Materials is allowed unless Lessee obtains Lessor’s prior written consent to such other use. However, should another use of the Materials be permitted, Royalty shall be due for these used Materials in accordance with Sections 3 and 6.C of this Lease Agreement and, should another use of the Waste Materials be permitted, the Waste Material royalty exception of this subsection shall not apply and Royalty shall be due for these used Waste Materials in accordance with Sections 3 and 6.C of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketable, then Lessee will (1) process, make marketable and market those former Waste Materials as set out in Section 6.C of this Lease Agreement and less than two (2) pay Royalty thereon representatives who will be dedicated to the Development Project (the “Development Team”). Personnel comprising the Development Team shall have the requisite knowledge and expertise necessary to carry out the respective obligations of the parties on Exhibit A and be reasonably familiar with the technology to be used in accordance with Sections 3 and 6.C connection therewith. Any party can change its members of the Development Team upon written notice to the other party so long as such new personnel meet the requirements of this Lease Agreement. Lessor reserves the title to all minerals contained in these Waste Materials both during the term of this Lease Agreement, and upon the expiration, surrender, or termination of this Lease Agreement. Nothing in this section shall be construed to give Lessee the right to sell or otherwise dispose of minerals or substances other than Materialssub-paragraph 2(c).

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises into a viable mine and will reasonably mine the Materials in such a manner as is consistent with generally accepted mining practice. Neither rentals nor Royalties paid or to be paid hereunder shall relieve Lessee from any of the obligations herein expressed. Specific examples of compliance with the above include, but are not limited to: (a) Lessee agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will not be allowed to become a hazard to persons or livestock; (c) Lessee agrees to mine the Materials in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C of this Lease, all Materials produced by Lessee from the Leased Premises that cannot be so marketed (herein called “Waste Materials”) will be used to fill the pits and excavations on the Leased Premises and no Royalty shall be due thereon at that time. No other use of these Waste Materials or any Materials is allowed unless Lessee obtains Lessor’s prior written consent to such other use. However, should another use of the Materials be permitted, Royalty shall be due for these used Materials in accordance with Sections 3 and 6.C of this Lease Agreement and, should another use of the Waste Materials be permitted, the Waste Material royalty exception of this subsection shall not apply and Royalty shall be due for these used Waste Materials in accordance with Sections 3 and 6.C 6.0 of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketable, then Lessee will (1) process, make marketable and market those former Waste Materials as set out in Section 6.C of this Lease Agreement and (2) pay Royalty thereon in accordance with Sections 3 and 6.C of this Lease Agreement. Lessor reserves the title to all minerals contained in these Waste Materials both during the term of this Lease Agreement, and upon the expiration, surrender, or termination of this Lease Agreement. Nothing in this section shall be construed to give Lessee the right to sell or otherwise dispose of minerals or substances other than Materials.

Development. All i. Purchaser shall not conduct any development study in relation to the Licensed Products without the prior written approval of Spectrum, such approval not to be unreasonably withheld, conditioned or delayed. If Purchaser wishes to conduct a development study for the Licensed Products (the “Proposed Study”), Purchaser shall present to Spectrum the proposed design, timelines and budget of the Proposed Study. Within [***] days after receipt of such proposal, Spectrum shall, in its sole discretion, and as its sole option in respect of a Proposed Study, either (i) approve the Proposed Study for conduct solely by Purchaser, (ii) wish to cooperate in such Proposed Study and the parties will agree in writing on the terms under which they will cooperate in the Proposed Study, or (iii) reject the Proposed Study, if Spectrum reasonably believes that the Proposed Study is likely to create a Material Impact in the Spectrum Territory, provided, if Spectrum fails to respond to Purchaser within such [***] day period, Purchaser shall be done permitted to conduct such Proposed Study in such its sole discretion. ii. Notwithstanding anything to the contrary in this Agreement, Spectrum shall be entitled to conduct any development studies in relation to the Licensed Products in the Licensed Territory and Purchaser shall be entitled to conduct Spectrum-approved Proposed Studies in Spectrum Territory. iii. Notwithstanding anything to the contrary in Section 2.6(i), and subject always to the provisions of this Section 2.6(iii), Purchaser shall be entitled to conduct any development studies in relation to the Licensed Products in Japan, which are required to obtain or maintain regulatory approvals for existing or additional indications in Japan (the “Japan Proposed Study”) without the prior approval of Spectrum. If Purchaser wishes to conduct a manner as Japan Proposed Study, Purchaser shall present to reasonably prevent Spectrum the pollution proposed design, timelines and budget of the environmentJapan Proposed Study. Within [***] days after receipt of such proposal, including waterSpectrum shall notify Purchaser if Spectrum reasonably believes that the Japan Proposed Study is likely to create a Material Impact in the Spectrum Territory; provided, soilhowever, if Purchaser requires a response from Spectrum within a shorter period of time due to the requirements of a Governmental Authority in Japan, Purchaser shall immediately notify Spectrum of such requirement and air. Lessee will reasonably and diligently develop Spectrum shall provide the Leased Premises into a viable mine and will reasonably mine the Materials foregoing Material Impact notice to Purchaser as soon as practicable, but in such a manner as is consistent with generally accepted mining practice. Neither rentals nor Royalties paid or any event within [***] days of Purchaser’s notification to be paid hereunder shall relieve Lessee from any Spectrum of the obligations herein expressed. Specific examples requirements of compliance with the above includesuch Governmental Authority in Japan, but are provided, further, if Spectrum fails to respond to Purchaser within such [***] day period (or such shorter period not limited to: (a) Lessee agrees to slope the sides of all surface pitsexceed [***] days if so required by a Governmental Authority), excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will not be allowed to become a hazard to persons or livestock; (c) Lessee agrees to mine the Materials in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C of this Lease, all Materials produced by Lessee from the Leased Premises that cannot be so marketed (herein called “Waste Materials”) will be used to fill the pits and excavations on the Leased Premises and no Royalty Purchaser shall be due thereon at that timepermitted to conduct such Japan Proposed Study in its sole discretion. No other use If Spectrum responds to Purchaser within the specified period of these Waste Materials or any Materials is allowed unless Lessee obtains Lessortime and Purchaser agrees with Spectrum’s prior written consent to such other usebelief, Purchaser shall not commence the Japan Proposed Study. HoweverIf Purchaser does not agree with Spectrum’s belief, should another use of the Materials be permitted, Royalty matter shall be due for these used Materials settled in accordance with Sections 3 Section 16.10 and 6.C of this Lease Agreement andPurchaser shall not commence the Japan Proposed Study until such matter is settled in Purchaser’s favor; provided, should another use however, if Spectrum notifies Purchaser that a Japan Proposed Study would create a Material Impact in the Spectrum Territory, but such Japan Proposed Study is required by the appropriate Regulatory Authority in Japan (pursuant to the “Non-Approved Drug for Medical Unmet Needs” (Mishonin Yaku) regulations in Japan) in order to maintain the regulatory approvals, or obtain any required additional regulatory approvals, for the Licensed Products in Japan, then Purchaser shall notify Spectrum of the Waste Materials be permitted, necessity of such Japan Proposed Study and Spectrum shall either (i) permit Purchaser to conduct such Japan Proposed Study without resorting to the Waste Material royalty exception of this subsection shall not apply and Royalty shall be due for these used Waste Materials in accordance with Sections 3 and 6.C of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketable, then Lessee will (1) process, make marketable and market those former Waste Materials as dispute resolution procedures set out forth in Section 6.C 16.10 or (ii) maintain its position that such Japan Proposed Study will create a Material Impact in the Spectrum Territory, thereby preventing Purchaser from conducting such Japan Proposed Study, in which case Purchaser and Spectrum will meet and confer in good faith, reasonably promptly, to address the situation. Spectrum shall notify Purchaser of this Lease Agreement its decision with respect to subsections (i) and (2ii) pay Royalty thereon of the preceding sentence within [***] days of Spectrum’s receipt of notice from Purchaser that such Japan Proposed Study is required by the appropriate Regulatory Authority in accordance with Sections 3 and 6.C of this Lease Agreement. Lessor reserves the title Japan in order to all minerals contained in these Waste Materials both during the term of this Lease Agreement, and upon the expiration, surrender, maintain regulatory approval or termination of this Lease Agreement. Nothing in this section shall be construed to give Lessee the right to sell or otherwise dispose of minerals or substances other than Materialsobtain any required additional regulatory approval.

Development. All development shall be done conducted in such a manner as to reasonably prevent the pollution of potable or fresh water and in such a manner as not to unduly damage the environment, including water, soil, and air. Lessee will reasonably and diligently develop portion of the Leased Premises into a viable mine and will reasonably mine the Materials where there are no mining or sand processing operations. Lessee agrees to conduct all operations in such a manner as is consistent with generally accepted good mining practicepractices and in accordance with all applicable rules and regulations. Neither rentals property damage fees, royalties nor Royalties other amounts paid or to be paid to Lessor hereunder shall relieve Lessee from any of the obligations herein expressed. Specific examples of compliance with Lessee in conducting its operations on the above include, but are not limited toLeased Premises shall observe the following: (a) Lessee agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practicespractice typical of a .5:1 slope. Such sloping is to become be a normal part of the operation;. (b) Whenever practicable, all surface pits, excavations and subsidence areas will not shall be allowed fenced to become a reduce the hazard to persons or livestock; (c) . Lessee agrees to mine the Materials in such a manner so as to leave as much level surface as is reasonable reasonably possible and consistent with prevailing good mining practices;. (dc) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C of this Lease, all Materials produced All Waste mined by Lessee from the Leased Premises that cannot be so marketed (herein called “Waste Materials”) will may be used for reclamation of the Leased Premises and to fill the pits pits, shafts and excavations on the Leased Premises and no Royalty royalty shall be due thereon at that timethereon. (d) Lessee shall have the right to cut and/or remove all trees, growth, undergrowth and other obstructions that, in Lessee’s judgment, may injure, endanger, or interfere with the exercise by Lessee of the rights and privileges granted to it under this Lease, and Lessee shall not be required to reimburse Lessor for such action. No Lessee shall be responsible to Lessor for any trees cut or damaged or other use of these Waste Materials or any Materials is allowed unless Lessee obtains surface damages outside the Leased Premises if done without Lessor’s prior written consent consent. It shall be the responsibility of Lessee to such remove from the Leased Premises all cut trees, growth, undergrowth, stumps, rocks, and other obstructions. Lessee shall give Lessor sixty (60) days written notice of its intent to clear the surface of proposed mine areas so that Lessor, at Lessor’s sole option, may remove any trees Lessor deems usable for its use. HoweverNotwithstanding the foregoing, should another use Lessor’s clearing activities may not hinder the timely exercise of the Materials be permitted, Royalty shall be due for these used Materials Lessee’s rights under this Lease. (e) The Lessee expressly agrees to dispose of all tailings and other mining wastes in accordance with Sections 3 applicable laws and 6.C shall, within twelve (12) months after the final termination of this Lease Agreement andLease, should another use reclaim all of the Waste Materials be permitted, the Waste Material royalty exception disturbed perimeter portions of this subsection shall not apply and Royalty any lakes created by mining such that those perimeter portions shall be due for these used Waste Materials left at a slope no steeper than two feet horizontal to one foot vertical. (f) Lessee shall place gates as necessary, at Lessee’s cost, in any fence opening created by Lessee on the Leased Premises and shall replace or repair any existing fence cut, removed, or otherwise damaged by Lessee. All fences and gates shall be constructed by Lessee in accordance with Sections 3 then applicable recommended practice standards of the Natural Resources Conservation Services (“NRCS”) or its successor agency. (g) Lessee shall be liable for all damage to personal property and 6.C livestock suffered by Lessor, its invitees, tenants or lessees as a result of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketableactivities by Lessee, then Lessee will (1) processits employees, make marketable and market those former Waste Materials as set out in Section 6.C of this Lease Agreement and (2) pay Royalty thereon in accordance with Sections 3 and 6.C of this Lease Agreement. Lessor reserves the title to all minerals contained in these Waste Materials both during the term of this Lease Agreement, and upon the expiration, surrendercontractors, or termination of this Lease Agreementagents both on the Lessor’s property or adjacent owners’ property. Nothing in this section Lessee shall be construed liable for injury or death, including any liability to give third parties, caused from livestock exiting Lessor’s property through open gates or downed gates or fences caused by Lessee or its contractors. (h) Lessee shall fence off areas of active Mining Operations to allow Lessor the right ability to sell or otherwise dispose run cattle in the adjacent areas. Fences shall be constructed using T-posts with 5 stands of minerals or substances other than Materialsbarbed wire and with adequate corner bracing.

Development. All development shall be done If the leased minerals are capable of being economically produced by the LESSEE in such a manner as commercial quantities, ▇▇▇▇▇▇ agrees to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules anil regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee ▇▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons persons, wildlife or livestock; (c) Lessee ▇▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices;; All development shall be done in such a manner as to prevent the pollution of water. (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take· all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materialswaste materials”) will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessorthe COMMISSIONER’s prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE’s duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to ▇▇▇▇▇▇’s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER’s approval of such plan of operations, which shall not unreasonably be withheld.

Development. All development shall be done If the leased minerals are capable of being economically produced by the LESSEE in such a manner as commercial quantities, LESSEE agrees to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods -of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee LESSEE agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons persons, wildlife or livestock; (c) Lessee LESSEE agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices;; All development shall be done in such a manner as to prevent the pollution of water. (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be k pt free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materialswaste materials”) will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon ·at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessorthe COMMISSIONER’s prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE’s duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to LESSEE’s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER’s approval of such plan of operations, which shall not unreasonably be withheld.

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and LESSEE agrees to diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee ▇▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons or livestock; (c) Lessee ▇▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materials”"waste materials") will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessor’s the COMMISSIONER's prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE's duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to ▇▇▇▇▇▇'s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether State or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER's approval of such plan of operations.

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and LESSEE agrees to diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee ▇▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons or livestock; (c) Lessee ▇▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materialswaste materials”) will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessorthe COMMISSIONER’s prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE’s duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to ▇▇▇▇▇▇’s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER’s approval of such plan of operations.

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and LESSEE agrees to diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee ▇▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons or livestock; (c) Lessee ▇▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materials”"waste materials") will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessor’s the COMMISSIONER's prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE's duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to ▇▇▇▇▇▇'s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER's approval of such plan of operations.

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises into a viable mine and will reasonably mine the Materials in such a manner as is consistent with generally accepted mining practice. Neither rentals nor Royalties paid or to be paid hereunder shall relieve Lessee from any of the obligations herein expressed. Specific examples of compliance with the above include, but are not limited to:3.1 Sole Development Compounds (a) Lessee agrees Disclosure and Assistance For Sole Development Compounds. Promptly following the designation of a Development Compound as to slope which PTI does not exercise the sides Co-Development Option under Section 5.1 or as to which PTI had exercised the Co-Development Option under Section 5.1, but then exercises the Phase II PTI Co-Development Termination Option under Section 5.3 (each a “Sole Development Compound”), PTI will provide reasonable assistance to Biogen Idec with respect to the use and practice of all surface pitsLicensed Technology related to each such Sole Development Compound, excavations and subsidence areas in a manner consistent with good mining practicesto the extent PTI has not already done so. Such sloping is Without limiting the foregoing, PTI will (a) disclose to become a normal part Biogen Idec within [***] of the operation;date on which Biogen Idec designates a Sole Development Compound all items of Licensed Technology related to such Sole Development Compound that exist in tangible form or in writing (including electronic media) and were not previously disclosed to Biogen Idec hereunder and (b) make its personnel reasonably available to provide answers to Biogen Idec’s questions during normal business hours, to assist Biogen Idec in understanding and implementing such Licensed Technology in order for Biogen Idec to commence or continue the Development of such Sole Development Compound as contemplated in this Agreement. CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Execution Version (b) Whenever practicableDiligence. Biogen Idec agrees to use Commercially Reasonable Efforts, and will cause its Sublicensees to use Commercially Reasonable Efforts, to initiate and pursue the Development of, and seek Regulatory Approval for, at least one (1) Licensed Product for each Sole Development Compound designated under Section 2.5(b) (other than Development Compounds designated by Biogen Idec as Back-Up Compounds) and Section 3.1(a), in at least one (1) Indication in all surface pits, excavations and subsidence areas will not be allowed to become a hazard to persons or livestock;Major Market Countries. (c) Lessee agrees Responsibility for Development of Sole Development Compounds and Sole Licensed Products. Biogen Idec will use Commercially Reasonable Efforts to mine initiate or continue Development of any Sole Development Compound promptly upon its designation, and will inform PTI of the Materials time it so initiates Development and of the Indication for which such Licensed Product is being Developed, each of which will be deemed Confidential Information of Biogen Idec. Biogen Idec will have the sole right and responsibility for, and will have full control and authority over, at its sole cost and expense, the Development of Sole Development Compounds and Licensed Products containing or consisting of each such Sole Development Compound (each a “Sole Licensed Product”), including making all strategic and tactical decisions with respect thereto, conducting all Development activities and establishing the methods and means by which it performs such activities under this Agreement. Biogen Idec may, in its sole discretion, delegate any work performed on Development of such a manner as Sole Licensed Product to leave as much level surface as is reasonable any of its Collaborators, or to any other Third Party consultants, clinical investigators and consistent service providers, in each case by way of agreements having terms not inconsistent with prevailing good mining practices; (d) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C terms of this Lease, all Materials produced by Lessee from the Leased Premises that cannot be so marketed (herein called “Waste Materials”) will be used to fill the pits and excavations on the Leased Premises and no Royalty shall be due thereon at that time. No other use of these Waste Materials or any Materials is allowed unless Lessee obtains Lessor’s prior written consent to such other use. However, should another use of the Materials be permitted, Royalty shall be due for these used Materials in accordance with Sections 3 and 6.C of this Lease Agreement and, should another use of the Waste Materials be permitted, the Waste Material royalty exception of this subsection shall not apply and Royalty shall be due for these used Waste Materials in accordance with Sections 3 and 6.C of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketable, then Lessee will (1) process, make marketable and market those former Waste Materials as set out in Section 6.C of this Lease Agreement and (2) pay Royalty thereon in accordance with Sections 3 and 6.C of this Lease Agreement. Lessor reserves the title to all minerals contained in these Waste Materials both during the term of this Lease Agreement, including terms relating to confidentiality and upon Intellectual Property Rights, provided that Biogen Idec shall remain responsible hereunder for the expiration, surrender, or termination performance of this Lease Agreement. Nothing in this section shall be construed to give Lessee the right to sell or otherwise dispose of minerals or substances other than Materialsany such Persons.

Development. All development shall be done If the leased minerals are capable of being economically produced by the LESSEE in such a manner as commercial quantities, L▇▇▇▇▇ agrees to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee L▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons persons, wildlife or livestock; (c) Lessee L▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices;; All development shall be done in such a manner as to prevent the pollution of water. (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materials”"waste materials") will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon ·at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessor’s the COMMISSIONER's prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE's duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to L▇▇▇▇▇'s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER's approval of such plan of operations, which shall not unreasonably be withheld.

Development. All development shall be done If the leased minerals are capable of being economically produced by the LESSEE in such a manner as commercial quantities, ▇▇▇▇▇▇ agrees to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods -of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee ▇▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons persons, wildlife or livestock; (c) Lessee ▇▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices;; All development shall be done in such a manner as to prevent the pollution of water. (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be k pt free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materialswaste materials”) will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon ·at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessorthe COMMISSIONER’s prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE’s duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to ▇▇▇▇▇▇’s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER’s approval of such plan of operations, which shall not unreasonably be withheld.

Development. All development shall be done in such a manner as to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and LESSEE agrees to diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee : LESSEE agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) ; Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons or livestock; (c) Lessee ; LESSEE agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on ; In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as extent reasonably possible; and (g) Underground workings are to be protected against fire, floods, creeps and squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with good methods of mining; If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the leased minerals from drainage by operations on other lands or this lease shall be subject to forfeiture by the COMMISSIONER; and As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materials”"waste materials") will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessor’s the COMMISSIONER's prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE's duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to LESSEE's duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether State or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER's approval of such plan of operations.

Development. All development shall be done If .the leased minerals are capable of being economically• produced by the LESSEE in such a manner as commercial quantities, ▇▇▇▇▇▇ agrees to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules and regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee ▇▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, • excavations and subsidence areas will shall not be • allowed to become a hazard to persons persons, wildlife or livestock; (c) Lessee ▇▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices;; All development shall be done in such a manner as to prevent the pollution of water. (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materialswaste materials”) will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon ·at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessorthe COMMISSIONER’s prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE’s duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will _LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to ▇▇▇▇▇▇’s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations only within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER’s approval of such plan of operations, which shall not unreasonably be withheld.

Development. All development Tenant and those claiming under it may perform any lawful Construction on the Premises without the consent of Landlord. Without limiting the foregoing, the Concept Plan is a conceptual plan for the Premises and includes presently proposed phases, presently anticipated time frames for development, and the presently proposed uses of the Project. Tenant and Landlord recognize and agree that except for the Park Property, which shall not be done relocated or otherwise changed without the prior written consent of Landlord, the Development plan for the Premises will change over time based on market conditions and needs, and that Tenant requires the flexibility to react to those changing conditions in such a manner prompt and timely fashion. Thus, this Concept Plan should be considered a general guideline for the Development of the Premises, which Tenant may modify from time to time in its sole discretion, except as to reasonably prevent the pollution Park Property. Likewise, the projected time frames and sequence of Development is totally market driven and, therefore, such time frames and sequencing are merely aspirational goals and may be changed from time to time by Tenant in its sole discretion. However, notwithstanding anything to the environmentcontrary in this Lease, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises into a viable mine and will reasonably mine the Materials in such a manner as is consistent with generally accepted mining practice. Neither rentals nor Royalties paid or to be paid hereunder Tenant shall relieve Lessee from any of the obligations herein expressed. Specific examples of compliance with the above include, but are not limited to: cause (a) Lessee agrees the Initial Development to slope be Substantially Completed on or before the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part fifth (5th) anniversary of the operation; Commencement Date and (b) Whenever practicablethe Second Stage Development to be Substantially Completed on or before the seventh (7th) anniversary of the Commencement Date, all surface pitsin each case subject to extension by reason of Unavoidable Delay (together, excavations “Tenant’s Construction Obligations”), and subsidence areas no change in the Concept Plan shall change the requirements included in Tenant’s Construction Obligations.. No improvements included in the Initial Development will not be allowed included in the calculation of the Second Stage Development. Notwithstanding anything to become a hazard to persons or livestock; (c) Lessee agrees to mine the Materials contrary in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C of this Lease, any breach of Tenant’s Construction Obligations as set forth in the immediately preceding subsections (a) and (b) shall become an Event of Default if not cured within ninety (90) days of Notice from Landlord of same. All Construction at the Premises shall be performed in a good and workmanlike manner. Tenant shall Notify Landlord of all Materials produced by Lessee from material changes to the Leased Premises that canConcept Plan. Tenant shall not be so marketed (herein called “Waste Materials”) will be used to fill in default of the pits requirements regarding good and excavations workmanlike construction and required notification of changes in the Concept Plan until it has received a Minor Default Notice which includes, in all capital and bold letters, in a size no smaller than the largest print on the Leased Premises Minor Default Notice , the following legend: "FAILURE TO TIMELY TAKE ACTION MAY RESULT IN ENFORCEMENT ACTION” and no Royalty the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease, and thereafter Landlord's sole remedies for breach of this obligation shall be due thereon at that time. No other use of these Waste Materials or any Materials is allowed unless Lessee obtains Lessor’s prior written consent limited to such other use. However, should another use specific performance and/or payment of the Materials Delay Fee, and Tenant waives all defenses, except defense of performance, in any action brought by Landlord to enforce its rights under this Section. The foregoing shall not be permitteddeemed to limit in any way the regulatory requirements, Royalty Approvals or processes required by Law for Construction. Tenant agrees to seek any necessary Approvals from Landlord, acting in its governmental capacity, and agrees that such Applications shall be due for these used Materials in accordance consistent with Sections 3 and 6.C of this Lease Agreement andthe Concept Plan, should another use of the Waste Materials be permitted, the Waste Material royalty exception of this subsection shall not apply and Royalty shall be due for these used Waste Materials in accordance with Sections 3 and 6.C of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketable, then Lessee will (1) process, make marketable and market those former Waste Materials as set out in Section 6.C of this Lease Agreement and (2) pay Royalty thereon in accordance with Sections 3 and 6.C of this Lease Agreement. Lessor reserves the title to all minerals contained in these Waste Materials both during the term of this Lease Agreement, and upon the expiration, surrender, or termination of this Lease Agreement. Nothing in this section shall be construed to give Lessee the right to sell or otherwise dispose of minerals or substances other than Materialsamended.

Development. All development shall be done If the leased minerals are capable of being economically produced by the LESSEE in such a manner as commercial quantities, ▇▇▇▇▇▇ agrees to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises leased premises into a viable mine and will reasonably to mine the Materials leased minerals in such a manner as is consistent with generally accepted good mining practicepractice including, but not limited to, in a manner consistent with General Land Office and Railroad Commission rules anil regulations. Neither bonus, rentals nor Royalties royalties paid or to be paid hereunder shall relieve Lessee the LESSEE from any of the obligations herein expressed. Such methods of mining must be used as will insure the extraction of the greatest possible amounts of the leased minerals consistent with prevailing good mining practice. Specific examples of compliance with the above include, but are not limited to: (a) Lessee ▇▇▇▇▇▇ agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal norn1al part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will shall not be allowed to become a hazard to persons persons, wildlife or livestock; (c) Lessee ▇▇▇▇▇▇ agrees to mine the Materials leased minerals in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices;; All development shall be done in such a manner as to prevent the pollution of water. (d) Lessee will carry on In underground workings, all operations on shafts, inclines, and drifts must be adequately supported and all parts of workings, where minerals commercially minable are not exhausted, shall be kept free from water and waste materials to the Leased Premises in a workmanlike mannerextent reasonably possible; (e) Lessee will maintain adequate gates Underground workings are to be protected against fire, floods, creeps and cattle guards where Lessee crosses existing fences squeezes. If such events do occur, they shall be checked by LESSEE to the extent and in a manner which is in keeping with Lessee’s operationsgood methods of mining; (f) Lessee will dump If relevant, LESSEE shall take all steps a reasonably prudent operator would take to adequately protect the waste material taken leased minerals from the Leased Premises drainage by Lessee’s operations hereunder into pits on other lands or excavations made this lease shall be subject to forfeiture by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possibleCOMMISSIONER; and (g) As governed by the duties and standards set out in Section 6.C 7 of this Leaselease, all Materials leased minerals produced by Lessee LESSEE from the Leased Premises leased premises that cannot be so marketed (herein called “Waste Materialswaste materials”) will be used to fill the pits pits, shafts and excavations on the Leased Premises leased premises and no Royalty royalty shall be due thereon at that time. No other use of these Waste Materials waste materials or any Materials leased mineral is allowed unless Lessee the LESSEE obtains Lessorthe COMMISSIONER’s prior written consent to such other use. However, should another use of the Materials leased minerals be permitted, Royalty royalty shall be due for these used Materials leased minerals in accordance with Sections 3 7 and 6.C 8 of this Lease Agreement lease and, should another use of the Waste Materials waste materials be permitted, the Waste Material waste material royalty exception of this subsection shall not apply and Royalty royalty shall be due for these used Waste Materials waste materials in accordance with Sections 3 sections 7 and 6.C 8 of this Lease Agreementlease. The LESSEE’s duty regarding the leased minerals as set out in Section 7 of this lease is a continuing duty. Should changing technology or market conditions render any component of former Waste Materials profitably waste materials marketable, then Lessee will LESSEE shall (1) process, make marketable and market those former Waste Materials waste materials as set out in Section 6.C 7 of this Lease Agreement lease and (2) pay Royalty royalty thereon in accordance with Sections 3 7 and 6.C 8 of this Lease Agreementlease. Lessor The state reserves the title to all minerals contained in these Waste Materials waste materials both during the term of this Lease Agreementlease, subject to ▇▇▇▇▇▇’s duty set out above, and upon the expiration, surrender, or termination of this Lease Agreementlease. Nothing in this section shall be construed to give Lessee LESSEE the right to sell or otherwise dispose of minerals or substances other than Materialsthose covered hereby. In the event LESSEE, in the interest of economy or efficiency of mining operations or for other valid reasons, intends to conduct mining operations on or within the leased premises in conjunction with mining operations on or within any other land (whether state or privately owned), for example by commingling production, then prior thereto LESSEE must obtain the COMMISSIONER’s approval of such plan of operations, which shall not unreasonably be withheld.

Development. All development shall be done in such a manner as Subject to reasonably prevent the pollution of the environment, including water, soil, and air. Lessee will reasonably and diligently develop the Leased Premises into a viable mine and will reasonably mine the Materials in such a manner as is consistent with generally accepted mining practice. Neither rentals nor Royalties paid or to be paid hereunder shall relieve Lessee from any of the obligations herein expressed. Specific examples of compliance with the above include, but are not limited to: (a) Lessee agrees to slope the sides of all surface pits, excavations and subsidence areas in a manner consistent with good mining practices. Such sloping is to become a normal part of the operation; (b) Whenever practicable, all surface pits, excavations and subsidence areas will not be allowed to become a hazard to persons or livestock; (c) Lessee agrees to mine the Materials in such a manner as to leave as much level surface as is reasonable and consistent with prevailing good mining practices; (d) Lessee will carry on all operations on the Leased Premises in a workmanlike manner; (e) Lessee will maintain adequate gates and cattle guards where Lessee crosses existing fences with Lessee’s operations; (f) Lessee will dump the waste material taken from the Leased Premises by Lessee’s operations hereunder into pits or excavations made by the removal of Materials, leaving as few mounds or waste piles on the Leased Premises as reasonably possible; and (g) As governed by the duties and standards set out in Section 6.C any applicable provisions of this Lease, all Materials produced by Lessee from Tenant and those claiming under it may perform any lawful Construction on the Leased Premises without the consent of Landlord. Without limiting the foregoing, the Concept Plan is a conceptual plan for the Premises and includes presently proposed phases, presently anticipated time frames for development, and the presently proposed uses of the Project. Tenant and Landlord recognize and agree that canexcept for the Park Property, the location and boundaries of which shall not be so marketed (herein called “Waste Materials”) will be used to fill changed without the pits and excavations on the Leased Premises and no Royalty shall be due thereon at that time. No other use of these Waste Materials or any Materials is allowed unless Lessee obtains Lessor’s prior written consent of Landlord, the Development plan for the Premises will change over time based on market conditions and needs, and that Tenant requires the flexibility to react to those changing conditions in a prompt and timely fashion. Thus, this Concept Plan should be considered a general guideline for the Development of the Premises, which Tenant may modify from time to time in its sole discretion, except as provided above as to the Park Property. Likewise, the projected time frames and sequence of Development is totally market driven and, therefore, such other usetime frames and sequencing are merely aspirational goals and may be changed from time to time by Tenant in its sole discretion. However, should another use notwithstanding anything to the contrary in this Lease, Tenant shall cause the timely completion of (a) the Initial Development, (b) the Second Stage Development, and (c) the Third Stage Development, in each case subject to extension by reason of Unavoidable Delay (collectively, "Tenant’s Construction Obligations"), and no change in the Concept Plan shall be deemed to change the requirements included in Tenant’s Construction Obligations. In the event there is no construction on an undeveloped portion of the Materials be permittedPremises for a period of five (5) consecutive Lease Years, Royalty the Tenant agrees to close and secure that portion of the Premises on which no construction activity is taking place until such time as construction commences thereon. Notwithstanding anything to the contrary in this Lease, any breach of Tenant’s Construction Obligations as set forth in the immediately preceding subsections (a) and (b) shall become an Event of Default if not cured within ninety (90) days of Notice from Landlord of same, subject to Unavoidable Delay. A projected schedule of values and projected timeline for the Initial Development is set forth on Exhibit D-1 and is more specifically described on Exhibit D-2 attached hereto. All Construction at the Premises shall be due performed in a good and workmanlike manner. Tenant shall Notify Landlord of all material changes to the Concept Plan. Tenant shall not be in default of the requirements regarding good and workmanlike construction, required notification of changes in the Concept Plan or compliance with values and timelines set forth in Exhibits D-1 and D-2 until it has received a Notice of Default and the opportunity to cure that is afforded Tenant in the definition of Delay Fee under this Lease, and thereafter Landlord's sole remedies for these used Materials in accordance with Sections 3 and 6.C breach of this Lease Agreement andobligation shall, should another use subject to Section 23.1.8, be limited to specific performance and/or payment of the Waste Materials be permittedDelay Fee, and Tenant waives all defenses, except the Waste Material royalty exception defenses of performance and Unavoidable Delay, in any action for specific performance brought by Landlord to enforce its rights under this subsection Section. The foregoing shall not apply be deemed to limit in any way the regulatory requirements, Approvals or processes required by Law for Construction. Tenant agrees to seek any necessary Approvals from Landlord, acting in its governmental capacity, and Royalty agrees that such Applications shall be due for these used Waste Materials in accordance consistent with Sections 3 and 6.C of this Lease Agreement. Should changing technology or market conditions render any component of former Waste Materials profitably marketablethe Concept Plan, then Lessee will (1) process, make marketable and market those former Waste Materials as set out in Section 6.C of this Lease Agreement and (2) pay Royalty thereon in accordance with Sections 3 and 6.C of this Lease Agreement. Lessor reserves the title to all minerals contained in these Waste Materials both during the term of this Lease Agreement, and upon the expiration, surrender, or termination of this Lease Agreement. Nothing in this section shall be construed to give Lessee the right to sell or otherwise dispose of minerals or substances other than Materialsamended.