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manner so as to prevent any unnecessary damage. Any damage that occurs will be repaired by <br />BRL in a timely manner. <br />7. Damages: BRL agrees to pay Tamara for any damages to structures or related facilities located <br />on the Lands that are a direct result of BRL's mining or mining related activities. <br />S. Gates: All gates that are presently locked by Tamara shall be kept looked by BRL. Tamara agrees <br />to either provide BRL with keys or combinations to such locks or BRL may provide its own locks <br />and, in this event, BRL shall provide Tamara with keys or combinations to BRL's locks prior to <br />such installation. All gates utilized by BRL, whether looked or not, shall be kept closed. <br />9. Wash: BRL shall not commit or knowingly allow another to commit any waste or nuisance upon <br />the Lands. BRL shall not destroy, deface or damage any part of the improvements on the Lands <br />or knowingly permit any other person to do so. <br />10. Encumbrances: BRL shall keep the Lands free and clear of any and all liens and encumbrances <br />arising or which might arise, for any reason, out of BRL's use of the Lands. <br />11. UM Harmless: BRL shall defend, indemnify and save Tamara, or its duly authorized agent; <br />harmless from and against any and all losses, costs, expenses, claims, liabilities, suits or actions <br />(including all reasonable expenses and attorney's fees) arising out of injuries to or death of any <br />person or person, or arising out of loss of or damage to the property of any person or persons <br />caused by or resulting from, directly or indirectly, and not or omission of BRL, or any of its <br />agents or employees. <br />12. Breach and Re- entry: If BRL commits a material breach of any form of this Agreement and <br />Ws or refuses to commence in good faith to remedy the breach within thirty (30) days aver <br />Tamara sends written notice to BRL, then Tamara may terminate this Agreement upon ten (10) <br />days' written notice to BRL. <br />13. Amendment: This Agreement may be amended only by a written amendment signed by both <br />parties. <br />14. Notices: Any and all notices, requests, demand and other communications required or permitted <br />to be given hereunder shall be in writing and shall be deemed to have been duly given (a) when <br />delivered Ifdelivered personally; (b) when sent if given by prepaid telegram; or (c) three (3) days <br />after the mailing thereof by first - class, postage prepaid, mail If maiK at the respective address <br />set forth below (or at such other address as may be designated in a written notice and given In <br />accordance with this paragraph): <br />[APT M <br />Tamara Burdzinski <br />1202 Mistwood Court <br />Yorkville, IL 60560 -1693 <br />3 of S <br />