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<br /> assigns exercising the rights to minerals herein reserved. It is also agreed that the
<br /> covenant to not withhold surface owner's consent as aforesaid shall be a covenant
<br /> running with the surface ownership and shall not be separated therefrom.
<br /> z
<br /> Also, as special consideration, without which this grant would not be made,
<br /> Grantee, its successors, and assigns agree to indemnify, protect and hold harmless
<br /> Grantor, its directors, officers, shareholders, employees and agents, and their
<br /> respective heirs, successors, personal representatives and assigns, from and against
<br /> any and all suits, actions, legal or administrative proceedings, claims, demands, actual
<br /> damages, fines, punitive damages, losses, costs, liabilities, interest, attorney's fees,
<br /> including without limitation, environmental pollution damages of whatever nature or kind
<br /> arising out of or in any way connected with the ownership or use of the real estate
<br /> described in Exhibit A or development of ground water resources underlying the real
<br /> estate described in Exhibit A, or arising out of or in any way connected with any
<br /> activities of any nature on the real estate described in Exhibit A after the Effective Date
<br /> of sale.
<br /> Grantor shall indemnify, exonerate, save, and hold harmless Grantee and its a
<br /> affiliates from and against any and all claims, demands, suits, judgments, or recoveries
<br /> of or by third parties including, but without limitation, the agents, servants, employees,
<br /> contractors, and invitees of the parties hereto for or on account of injury to or death of
<br /> such third parties, or damage to the property of such third parties caused by Grantor in
<br /> the conduct of any activity on the real estate conveyed hereby and described on Exhibit
<br /> A.
<br /> This deed is made SUBJECT to the following:
<br /> (a) Grantee assumes and agrees to pay all taxes and assessments, or, if
<br /> payable in installments, all installments of assessments, levied upon or
<br /> assessed against the premises described in Exhibit A which became or
<br /> may become due and payable in the year 1999 and all taxes and all
<br /> assessments and all installments of assessments which may become due
<br /> and payable after said year.
<br /> (b) All liens, encumbrances, clouds upon, impairments of and defects in the
<br /> title created or permitted to be created by Grantee on and after the date of
<br /> delivery of this deed by Grantor to Grantee, and any and all restrictions
<br /> and limitations imposed by public authority, and any easements,
<br /> restrictions and/or outstanding rights of record, and exceptions, i!
<br /> reservations and conditions contained in prior deeds or open and obvious
<br /> on the ground.
<br /> {
<br /> (c) That certain Lease dated December 1, 1975, as amended by Letter
<br /> Agreement dated December 4, 1980, and by Second Amendment dated
<br /> May 1, 1990, between Rock Springs Royalty Company, as Lessor, and
<br /> Colorado Lien Company, as Lessee;
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