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D. Lessor authorizes Lessee on Lessor's behalf and agrees to cooperate <br />with Lessee to apply for and obtain zoning or other governmental land use classifications, <br />permits, approvals, licenses, and rights that are reasonably required in connection with the <br />operations that are contemplated under this Lease; provided, however, Lessee shall <br />provide bonds or other financial assurance for its operations, including the restoration, <br />reclamation or rehabilitation of the Leased Property, as may be required or advisable to <br />obtain or continue such permits and approvals. <br />E. During the Term of this Lease, Lessee shall have the right to use the <br />Leased Property and any easements or other rights of access thereto, including, without <br />limitation, existing roadways located on the remainder of the Entire Property, in <br />connection with operations by Lessee on the Leased Property. Such rights of use include <br />without limitation such non - exclusive easements and rights -of -way as Lessee requires for <br />vehicular access, installation of utilities and installation and operation of conveyors. <br />F. To the extent Lessee requires use of roadways on or adjoining the <br />Leased Property, Lessee shall maintain such roadways and repair damage thereto caused <br />by Lessee's operations. Lessee shall not block or materially hinder access and use of such <br />roadways except as may be temporarily necessary for maintenance or repair or in <br />connection with operations, in which case Lessee shall notify Lessor of the contemplated <br />work and coordinate with Lessor to avoid materially or unnecessarily interfering with <br />Lessor's access to the Entire Property. <br />6. Liabilities. <br />A. Lessee shall defend, indemnify and save harmless Lessor and <br />Lessor's agents, representatives, contractors, invitees and employees (each a "Lessor <br />Indemnitee") from and against any and all claims, demands, judgments, and liability by or <br />to any and all third parties ( "Claims ") that arise from or in any way relate to or are <br />connected to the use or operations of Lessee on the Leased Property while this Lease is in <br />effect, provided such indemnification shall not apply to the extent of the negligence or <br />willful misconduct of any Lessor Indemnitee. As a condition to Lessee's duty to <br />indemnify hereunder, Lessor shall give Lessee written notice of the assertion against any <br />Lessor Indemnitee of any matter covered by the indemnity promptly after such assertion <br />is first made and shall tender defense of any Claim for which indemnity is or may be <br />sought to Lessee. If Lessee accepts tender of defense of the Claim, Lessee shall have full <br />authority to retain counsel on behalf of both Lessee and the Lessor Indemnitees with <br />respect to any such Claim and full right to settle or compromise such Claim, provided <br />such settlement or compromise fully indemnifies and holds the Lessor Indemnitees <br />harmless; and the Lessor Indemnitees shall cooperate fully in any such settlement or <br />compromise. If Lessee fails to accept tender of defense of the Claim, the reasonable <br />(12/06/13) <br />3 <br />