Common use of Production Reports Clause in Contracts

Production Reports. a. Lessee shall keep an accurate account of all mining operations under this lease, including production sales, prices and dates of same, and shall submit to Lessor at the time of each quarterly payment of production royalties, a certified statement in duplicate, showing the quantities of nonmetallic minerals and/or nonmetallic mineral products produced in the past quarter, the quantities sold and quantities otherwise disposed of from the leased premises and methods used to determine same. b. If any nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured Lessee shall have all the material weighted, gauged or measured by the transporting firm and shall furnish Lessor with the transporter’s statements of the weights of all shipments during the preceding quarter. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight and any copies of transcripts from the books of any transporter concerning shipments or their weights shall be prima facie evidence of those facts in any suit or controversy between Lessee and Lessor. c. Lessee shall also furnish Lessor with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which nonmetallic minerals and/or nonmetallic mineral products is mined showing the area mined, as well as any other pertinent information to determine royalties. d. Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor an up-to-date report of all mining development and reclamation efforts conducted by Lessee on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1) The tonnage (or equivalent unit of measure) and average quality of all nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2) The tonnage (or equivalent unit of measure) of all commingled nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3) The tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by Lessee. (4) The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled nonmetallic minerals and/or nonmetallic mineral products. (5) Tonnage of processed nonmetallic minerals and/or nonmetallic mineral products produced. (6) Tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from which processed nonmetallic minerals and/or nonmetallic mineral products were produced. (7) Copies of receipts from sales of nonmetallic minerals and/or nonmetallic mineral products. (8) Such additional data on production and sales as may be necessary to determine royalty.

Production Reports. a. Lessee shall keep an accurate account of all mining operations under this lease, including daily production sales, prices and dates of same, volumes and shall submit to Lessor at the time of each quarterly monthly payment of production royalties, a certified signed statement in duplicate, showing the quantities of the specified nonmetallic minerals minerals, and/or nonmetallic mineral products produced in the past quarter, the month. The quantities sold and their sales value, quantities otherwise disposed of from the leased premises and methods used to determine samesame shall be submitted at lease termination. All specified nonmetallic minerals or nonmetallic mineral products produced from the leased premises and further processed or combined with other materials within the mining operation or leased area shall be weighed, gauged or measured prior to any additional processing or combining with other materials. b. If any specified nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured measured, Lessee shall have all the material weightedweighed, gauged or measured by the transporting firm and shall furnish Lessor with the transporter’s statements of the weights of all shipments during the preceding quartermonth. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight weight, and any copies of transcripts from the books of any transporter concerning shipments or their weights shall may be prima facie admitted as evidence of those facts in any suit or controversy between Lessee and Lessor. c. Lessee shall also furnish Lessor with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which specified nonmetallic minerals and/or nonmetallic mineral products is are mined showing the area mined, as well as any other pertinent information to determine royalties. d. Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor an up-to-date report of all mining development and reclamation efforts conducted by Lessee on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1) . The tonnage (or equivalent unit of measure) and average quality of all commingled specified nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2) . The tonnage (or equivalent unit of measure) of all commingled specified nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3) . The tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by Lessee. (4) . The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled specified nonmetallic minerals and/or nonmetallic mineral products. (5) . Tonnage of processed specified nonmetallic minerals and/or nonmetallic mineral products produced. (6) . Tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products minerals produced, from which processed specified nonmetallic minerals and/or nonmetallic mineral products were produced. (7) . Copies of receipts from sales of specified nonmetallic minerals and/or nonmetallic mineral products. (8) 8. Such additional data on production and sales as may be necessary to determine royalty. e. Lessee shall, at the sole discretion of the Lessor, submit to an audit of all transactions, contractual agreements and production, or such other records as Lessor may determine appropriate which are related to establishment of the removed mined tonnage used to calculate the correct royalty due the Lessor. The audit may be performed by the Lessor, or contracted for by the Lessor, at Lessor’s discretion. The Lessee shall be responsible for the cost of the audit if, based upon the final audit report, any underpayment of royalty calculated before interest is in excess of five percent (5%) of the payment made for the audit period.

Production Reports. a. Lessee shall keep an accurate account of all mining operations under this lease, including daily production sales, prices and dates of same, volumes and shall submit to Lessor at the time of each quarterly monthly payment of production royalties, a certified signed statement in duplicate, showing the quantities of the specified nonmetallic minerals minerals, and/or nonmetallic mineral products produced in the past quartermonth. The quantities removed for use, the quantities sold and quantities otherwise disposed of from the leased premises and methods used to determine samesame shall be submitted at lease termination. All specified nonmetallic minerals or nonmetallic mineral products produced from the leased premises and further processed or combined with other materials within the mining operation or leased area shall be weighed, gauged or measured prior to any additional processing or combining with other materials. b. If any specified nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured measured, Lessee shall have all the material weightedweighed, gauged or measured by the transporting firm and shall furnish Lessor with the transporter’s statements of the weights of all shipments during the preceding quartermonth. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight weight, and any copies of transcripts from the books of any transporter concerning shipments or their weights shall may be prima facie admitted as evidence of those facts in any suit or controversy between Lessee and Lessor. c. Lessee shall also furnish Lessor with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which specified nonmetallic minerals and/or nonmetallic mineral products is are mined showing the area mined, as well as any other pertinent information to determine royalties. d. Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor an up-to-date report of all mining development and reclamation efforts conducted by Lessee ▇▇▇▇▇▇ on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1) The tonnage (or equivalent unit of measure) and average quality of all commingled specified nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2) The tonnage (or equivalent unit of measure) of all commingled specified nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3) The tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by Lessee. (4) The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled specified nonmetallic minerals and/or nonmetallic mineral products. (5) Tonnage of processed specified nonmetallic minerals and/or nonmetallic mineral products produced. (6) Tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products minerals produced, from which processed specified nonmetallic minerals and/or nonmetallic mineral products were produced. (7) Copies Records of receipts from sales the volume of specified nonmetallic minerals and/or nonmetallic mineral productsproducts removed. (8) Such additional data on production and sales as may be necessary to determine royalty. e. Lessee shall, at the sole discretion of the Lessor, submit to an audit of all transactions, contractual agreements and production, or such other records as Lessor may determine appropriate which are related to establishment of the removed mined tonnage used to calculate the correct royalty due the Lessor. The audit may be performed by the Lessor, or contracted for by the Lessor, at ▇▇▇▇▇▇’s discretion. The Lessee shall be responsible for the cost of the audit if, based upon the final audit report, any underpayment of royalty calculated before interest is in excess of five percent (5) of the payment made for the audit period.

Production Reports. a. (a) Lessee shall keep an accurate account of all mining operations under this lease, including production sales, prices and dates of same, and shall submit to Lessor at the time of each quarterly payment of production royalties, a certified statement in duplicate, showing the quantities of nonmetallic minerals and/or nonmetallic mineral products produced in the past quarter, the quantities sold and quantities otherwise disposed of from the leased premises and methods used to determine same. b. (b) If any nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured Lessee shall have all the material weighted, gauged or measured by the transporting firm and shall furnish Lessor with the transporter’s statements of the weights of all shipments during the preceding quarter. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight and any copies of transcripts from the books of any transporter concerning shipments or their weights shall be prima facie evidence of those facts in any suit or controversy between Lessee and Lessor. c. (c) Lessee shall also furnish Lessor with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which nonmetallic minerals and/or nonmetallic mineral products is mined showing the area mined, as well as any other pertinent information to determine royalties. d. (d) Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor an up-to-date report of all mining development and reclamation efforts conducted by Lessee on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1i) The tonnage (or equivalent unit of measure) and average quality of all nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2ii) The tonnage (or equivalent unit of measure) of all commingled nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3iii) The tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by Lessee. (4iv) The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled nonmetallic minerals and/or nonmetallic mineral products. (5v) Tonnage of processed nonmetallic minerals and/or nonmetallic mineral products produced. (6vi) Tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from which processed nonmetallic minerals and/or nonmetallic mineral products were produced. (7vii) Copies of receipts from sales of nonmetallic minerals and/or nonmetallic mineral products. (8) viii) Such additional data on production and sales as may be necessary to determine royalty.

Production Reports. a. Lessee shall keep an accurate account of all mining operations under this lease, including production sales, prices and dates of same, and shall submit to Lessor at the time of each quarterly payment of production royalties, a certified statement in duplicate, showing the quantities of nonmetallic minerals and/or nonmetallic mineral products produced in the past quarter, the quantities sold and quantities otherwise disposed of from the leased premises and methods used to determine same. b. If any nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured Lessee shall have all the material weighted, gauged or measured by the transporting firm and shall furnish Lessor with the transporter’s statements of the weights of all shipments during the preceding quarter. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight and any copies of transcripts from the books of any transporter concerning shipments or their weights shall be prima facie evidence of those facts in any suit or controversy between Lessee and Lessor. c. Lessee shall also furnish Lessor with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which nonmetallic minerals and/or nonmetallic mineral products is mined showing the area mined, as well as any other pertinent information to determine royalties. d. Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor an up-to-date report of all mining development and reclamation efforts conducted by Lessee on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1) . The tonnage (or equivalent unit of measure) and average quality of all nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2) . The tonnage (or equivalent unit of measure) of all commingled nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3) . The tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by Lessee. (4) . The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled nonmetallic minerals and/or nonmetallic mineral products. (5) . Tonnage of processed nonmetallic minerals and/or nonmetallic mineral products produced. (6) . Tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from which processed nonmetallic minerals and/or nonmetallic mineral products were produced. (7) . Copies of receipts from sales of nonmetallic minerals and/or nonmetallic mineral products. (8) 8. Such additional data on production and sales as may be necessary to determine royalty.

Production Reports. a. Lessee shall keep an accurate account of all mining operations under this lease, including production sales, prices and dates of same, and shall submit to Lessor at the time of each quarterly payment of production royalties, a certified statement in duplicate, showing the quantities of nonmetallic minerals and/or nonmetallic mineral products produced in the past quarter, the quantities sold and quantities otherwise disposed of from the leased premises and methods used to determine same. b. . If any nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured Lessee shall have all the material weighted, gauged or measured by the transporting firm and shall furnish Lessor with the transporter’s statements of the weights of all shipments during the preceding quarter. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight and any copies of transcripts from the books of any transporter concerning shipments or their weights shall be prima facie evidence of those facts in any suit or controversy between Lessee and Lessor. c. . Lessee shall also furnish Lessor with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which nonmetallic minerals and/or nonmetallic mineral products is mined showing the area mined, as well as any other pertinent information to determine royalties. d. . Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor an up-to-date report of all mining development and reclamation efforts conducted by Lessee on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1) : The tonnage (or equivalent unit of measure) and average quality of all nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2) . The tonnage (or equivalent unit of measure) of all commingled nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3) . The tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by Lessee. (4) . The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled nonmetallic minerals and/or nonmetallic mineral products. (5) . Tonnage of processed nonmetallic minerals and/or nonmetallic mineral products produced. (6) . Tonnage (or equivalent unit of measure) of nonmetallic minerals and/or nonmetallic mineral products from which processed nonmetallic minerals and/or nonmetallic mineral products were produced. (7) . Copies of receipts from sales of nonmetallic minerals and/or nonmetallic mineral products. (8) . Such additional data on production and sales as may be necessary to determine royalty.

Production Reports. a. Lessee shall keep an accurate account of all mining operations under this lease, including daily production sales, prices and dates of same, volumes and shall submit to Lessor at the time of each quarterly monthly payment of production royalties, a certified signed statement in duplicate, showing the quantities of the specified nonmetallic minerals minerals, and/or nonmetallic mineral products produced in the past quarter, the month. The quantities sold and their sales value, quantities otherwise disposed of from the leased premises and methods used to determine samesame shall be submitted at lease termination. All specified nonmetallic minerals or nonmetallic mineral products produced from the leased premises and further processed or combined with other materials within the mining operation or leased area shall be weighed, gauged or measured prior to any additional processing or combining with other materials. b. If any specified nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured measured, Lessee shall have all the material weightedweighed, gauged or measured by the transporting firm and shall furnish Lessor with the transporter’s statements of the weights of all shipments during the preceding quartermonth. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight weight, and any copies of transcripts from the books of any transporter concerning shipments or their weights shall may be prima facie admitted as evidence of those facts in any suit or controversy between Lessee and Lessor. c. Lessee shall also furnish Lessor with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which specified nonmetallic minerals and/or nonmetallic mineral products is are mined showing the area mined, as well as any other pertinent information to determine royalties. d. Upon termination of this lease or surrender of any part of the leased premises, Lessee shall furnish to Lessor an up-to-date report of all mining development and reclamation efforts conducted by Lessee ▇▇▇▇▇▇ on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1) The tonnage (or equivalent unit of measure) and average quality of all commingled specified nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2) The tonnage (or equivalent unit of measure) of all commingled specified nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3) The tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by Lessee. (4) The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled specified nonmetallic minerals and/or nonmetallic mineral products. (5) Tonnage of processed specified nonmetallic minerals and/or nonmetallic mineral products produced. (6) Tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products minerals produced, from which processed specified nonmetallic minerals and/or nonmetallic mineral products were produced. (7) Copies of receipts from sales of specified nonmetallic minerals and/or nonmetallic mineral products. (8) Such additional data on production and sales as may be necessary to determine royalty. e. Lessee shall, at the sole discretion of the Lessor, submit to an audit of all transactions, contractual agreements and production, or such other records as Lessor may determine appropriate which are related to establishment of the removed mined tonnage used to calculate the correct royalty due the Lessor. The audit may be performed by the Lessor, or contracted for by the Lessor, at ▇▇▇▇▇▇’s discretion. The Lessee shall be responsible for the cost of the audit if, based upon the final audit report, any underpayment of royalty calculated before interest is in excess of five percent (5%) of the payment made for the audit period.

Production Reports. a. Lessee LESSEE shall keep an accurate account of all mining operations under this lease, including daily production sales, prices and dates of same, volumes and shall submit to Lessor LESSOR at the time of each quarterly monthly payment of production royalties, a certified signed statement in duplicate, showing the quantities of the specified nonmetallic minerals minerals, and/or nonmetallic mineral products produced in the past quarter, the month. The quantities sold and their sales value, quantities otherwise disposed of from the leased premises and methods used to determine samesame shall be submitted at lease termination. All specified nonmetallic minerals or nonmetallic mineral products produced from the leased premises and further processed or combined with other materials within the mining operation or leased area shall be weighed, gaged or measured prior to any additional processing or combining with other materials. b. If any specified nonmetallic minerals and/or nonmetallic mineral products produced from the leased premises are transported to a point outside of the mining operation area before being weighed, gauged or measured Lessee measured, LESSEE shall have all the material weightedweighed, gauged or measured by the transporting firm and shall furnish Lessor LESSOR with the transporter’s statements of the weights of all shipments during the preceding quartermonth. Any written certificate or statement of any transporter concerning any shipment from the leased premises and its weight weight, and any copies of transcripts from the books of any transporter concerning shipments or their weights shall may be prima facie admitted as evidence of those facts in any suit or controversy between Lessee LESSEE and LessorLESSOR. c. Lessee LESSEE shall also furnish Lessor LESSOR with annual reports on the anniversary date of the lease of the status of mining development and reclamation efforts to date and current mine maps of the leased premises and premises from which specified nonmetallic minerals and/or nonmetallic mineral products is are mined showing the area mined, as well as any other pertinent information to determine royalties. d. Upon termination of this lease or surrender of any part of the leased premises, Lessee LESSEE shall furnish to Lessor LESSOR an up-to-date report of all mining development and reclamation efforts conducted by Lessee LESSEE on that part of the leased premises. This report shall contain suitable maps and information on the location and extent of surface workings, and other pertinent information, including the following: (1) The tonnage (or equivalent unit of measure) and average quality of all commingled specified nonmetallic minerals and/or nonmetallic mineral products mined from the leased premises. (2) The tonnage (or equivalent unit of measure) of all commingled specified nonmetallic minerals and/or nonmetallic mineral products as determined at the first point at which an actual weight measurement is taken. (3) The tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products from all premises, including the leased premises, processed at the processing plant, less losses which can be accounted for by LesseeLESSEE. (4) The tonnage and average grade of concentrates or remaining product, dry basis, derived from the leased premises and all commingled specified nonmetallic minerals and/or nonmetallic mineral products. (5) Tonnage of processed specified nonmetallic minerals and/or nonmetallic mineral products produced. (6) Tonnage (or equivalent unit of measure) of specified nonmetallic minerals and/or nonmetallic mineral products minerals produced, from which processed specified nonmetallic minerals and/or nonmetallic mineral products were produced. (7) Copies of receipts from sales of specified nonmetallic minerals and/or nonmetallic mineral products. (8) Such additional data on production and sales as may be necessary to determine royalty. e. LESSEE shall, at the sole discretion of the LESSOR, submit to an audit of all transactions, contractual agreements and production, or such other records as LESSOR may determine appropriate which are related to establishment of the removed mined tonnage used to calculate the correct royalty due the LESSOR. The audit may be performed by the LESSOR, or contracted for by the LESSOR, at LESSOR’s discretion. The LESSEE shall be responsible for the cost of the audit if, based upon the final audit report, any underpayment of royalty calculated before interest is in excess of five percent (5%) of the payment made for the audit period.