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structures located thereon, therein or thereunder to substantially the same <br />condition which existed prior to such damage. Cyprus shall not be obligated to <br />make or pay for any repairs to Surface Owner's Lands or the improvements <br />located thereon, therein or thereunder due to the negligence of Surface Owner <br />or its agents, employees or invitees. Within one (1) year after Cyprus completes <br />its coal mining operations underneath the surface of the Lands, Surface Owner <br />shall inspect the Lands and the improvements located thereon, therein and <br />thereunder and Cyprus shall complete any final repairs that may be required. <br />Notwithstanding anything contained herein to the contrary, after this Agreement <br />expires, or the Agreement is terminated prior to the commencement of <br />underground mining operations by Cyprus, any and all obligations to repair the <br />Lands and the improvements located thereon, therein or thereunder, including <br />all liability for such repairs, shall be borne by Surface Owner at its sole cost, risk <br />and expense. <br />7. Subsidence suve Cyprus may establish subsidence monitoring monuments <br />on the Lands and survey as needed. Once Cyprus begins removing coal from <br />beneath the surface of the Lands, it may conduct subsidence monitoring <br />surveys of the Lands. <br />8. Acc tp ance. Cyprus accepts the Lands as suitable for Cyprus' uses and <br />purposes set forth hereinabove. <br />9. Gates" Cyprus agrees to keep all gates on the Lands open or closed as found. <br />The parties mutually agree to keep all gates locked in such a manner so as to <br />permit access by both Surface Owner and Cyprus at any time, either by a <br />double lock system or otherwise. Cyprus agrees to limit access to the Lands, <br />including the distribution of keys to any lock(s), to those employees, agents, <br />licensees, contractors, subcontractors and invitees of Cyprus who are engaged <br />in Cyprus' operations on the Lands. <br />10. Was Cyprus shall not commit or knowingly allow another to commit any <br />waste or nuisance upon the Lands. Cyprus shall not destroy, deface or damage <br />any part of the improvements or knowingly permit any other person to do so, <br />11. Taxed. Surface Owner shall be responsible for the payment of all real estate <br />taxes assessed against the Lands; however, Cyprus shall be responsible for all <br />ad valorem and /or personal property taxes which may be levied or assessed <br />against any and all improvements placed upon the Lands by Cyprus. <br />12. Encumbrances. Cyprus shall keep the Lands free and clear of any and all liens <br />and encumbrances arising or which might arise, for any reason, out of Cyprus' <br />use of the Lands. <br />13. Holt Harmless. Surface Owner shall not be liable for any injury or property <br />damage suffered by Cyprus or anyone else upon the Lands during the term of <br />combsid.006Atg - 7 - <br />