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2014-01-08_REVISION - M1994096
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2014-01-08_REVISION - M1994096
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Last modified
8/24/2016 5:38:48 PM
Creation date
1/28/2014 9:48:15 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1994096
IBM Index Class Name
REVISION
Doc Date
1/8/2014
Doc Name
Application for Transfer of Mineral Permit and Succession of Operators
From
High Plains Sand and Gravel to Glacier Rock Company
To
DRMS
Email Name
ECS
TAK
BJC
Media Type
D
Archive
No
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attorneys' fees; expert witness fees and other costs to Lessor to defend the same shall be <br />subject to this indemnification unless any Lessor Indemnitee is found to be negligent or <br />guilty of willful misconduct. <br />B. Lessor shall defend, indemnify and hold harmless Lessee and <br />Lessee's agents, representatives, contractors, invitees, officers and employees (each a <br />"Lessee Indemnitee ") from and against any and all Claims that arise from or in any way <br />relate or are connected to the use or operations of Lessor on the Leased Property while <br />this Lease is in effect, provided such indemnification shall not apply to the extent of the <br />negligence or willful misconduct of a Lessee Indemnitee. As a condition to the Lessor's <br />duty to indemnify hereunder, the Lessee shall give the Lessor written notice of the <br />assertion against any Lessee Indemnitee of any matter covered by the indemnity promptly <br />after such assertion is first made and shall tender defense of any Claim for which <br />indemnity is or may be sought to the Lessor. If the Lessor accepts tender of defense of the <br />Claim, the Lessor shall have full authority to retain counsel on behalf of both the Lessor <br />and the Lessee with respect to any such Claim and full right to settle or compromise such <br />Claim, provided such settlement or compromise fully indemnifies and holds Lessee <br />Indemnitees harmless; and Lessee Indemnitees shall cooperate fully in any such <br />settlement or compromise. If the Lessor fails to accept tender of defense of the Claim, the <br />reasonable attorneys' fees, expert witness fees and other costs to the Lessee to defend the <br />same shall be subject to this indemnification unless any Lessee Indemnitee is found to be <br />negligent or guilty of willful misconduct. <br />C. Lessee shall defend, indemnify, and hold harmless Lessor from any <br />and all liability resulting from its operations hereunder pursuant to all local, state and <br />federal environmental laws, ordinances, rules and regulations, including, but not limited <br />to, the Comprehensive Environmental Response, Compensation, and Liability Act of <br />1980 (42 U.S.C. § 9601 et seq.) and the Resource Conservation and Recovery Act <br />(42 U.S.C. § 6901 et seq.), as any of such laws, ordinances, rules and regulations have <br />been or are amended from time to time. <br />D. The foregoing indemnifications shall all survive the termination of <br />this Lease. <br />7. Insurance. <br />A. Lessee shall maintain at it sole expense and at all times statutory <br />Worker's Compensation and Occupational Disease Disability Insurance coverage as <br />required under the laws and regulations of the State of Colorado for all its officers and <br />employees who perform work for Lessee hereunder. <br />B. Lessee shall purchase, at its sole expense, and shall maintain at all <br />times the following minimum insurance protection: <br />(12/06/13) <br />4 <br />
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