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8. Payments. J & H agrees to pay to Blooming Grove 20C per cubic yard <br /> for any and all clay removed. Such payments shall be made quarterly and are due 30 <br /> days after the close of each quarter. J & H shall provide a certified statement, <br /> showing cubic yards of clay removed by anyone together with the amount due. <br /> J & H shall keep accurate records in sufficient detail to permit Blooming Grove <br /> to determine the amounts payable to Blooming Grove hereunder and, at the request <br /> and expense of Blooming Grove shall permit Blooming Grove or its representatives <br /> to have access, during business hours, to such records as may be necessary to <br /> determine, in respect to any quarter ending not more than two (2) years prior to the <br /> date of such request, the correctness of any report or payment under this Agreement. <br /> All out-of-pocket costs for such auditing borne by Blooming Grove shall be <br /> reimbursed by J & H if the payment shall be delinquent by more than six (6) percent. <br /> J & H agrees to pay all costs and expenses (including reasonable attorneys' <br /> fees) paid or incurred by Blooming Grove in collecting any payments due Blooming <br /> Grove under this Agreement. <br /> Delinquent payments shall accrue interest at 12% per annum from the due date, <br /> until paid. <br /> 9. Compliance with Applicable Laws. J & H will comply with all applicable <br /> laws and ordinances relating to the operation and reclamation of the minerals removed <br /> -5- <br />