2014-06-20_REVISION - M1981207 (10)

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Blue Pit 112 Permit Amendment ipremises at Lessee's sole cost and expense; ufllize.the building in its location without cost or expense- or move and utilize the building in a new location at Lessor's sole cost and } expense. Lessor shall have the further option to keep sufficient electrical lines (3 phase line) to run the pumps for irrigation_ I . t . f I I i- Ii ff I� t 7. PERMITS. Lessor has acquired a Development and Extraction Mining Permit, . No. M-1981-207, as amended, from the Colorado Mined Land Reclamation Board, .a Special Use Permit from the County. Commissioners of Garfield County, Colorado and Emission Permit No. 00P00350 from the Air Pollution Control Division of the Colorado Department of Health. The parties agree that the Lessee will operate its-sand and gravel 'Operation by retaining Lessor's permits and rights as granted by the Colorado Mined Land Reclamation Board, the Garfield County Commissioners and the Department of Health, and.all parties agree to cooperateto this end, provided that Lessee agrees to provide such bonds or other security as may. be.reasonably required by the Colorado Mined Land Reclamation Board or the, County guaranteeing the restoration and reclamation of the property in accordance with permit requirements. Lessee shall also file such ieports, plan modifications and statistical data as may be required by all permits. and shall fully and completely `assume all responsibilities thereunder. Annual reports and other documentation shall be submitted to Lessorfor approval. All fees to be.paid in connection therewith shall be paid by Lessee. Lessee shall immediately take the necessary steps to have.all permits transferred into its own name. if that transfer is approved by all necessary governmental entities, Lessee shall keep all such permits in full force and effect d uring the term of the Lease so that if permitted- mining operations are not completed at the termination of the Lease, all permits remain in good standing and can be re- transferred to Lessor or Lessor's designee. Lessee agrees to cooperate.with Lessor in obtaining the re- transfer. Lessor's approval shall be required forany changes In the mining or reclamation Plans proposed by Lessee, regardless of whose name the permits are in at that time. B. OPERATIONS: Lessee shall at all times comply in all respects with all the laws and regulations relating to the performance .of work within the leased premises. Lessee shall provide Workmen's Compensation Insurance and other insurance to cover its personnel and all of its operations upon the premises in such amounts and in such form as may be required by law or in such higher amounts as may be prudent and customary in the industry. Lessee shall have full and sole responsibility for the operation and direction of the work done under this agreement on the leased premises, and no employee.or agent fumished by Lessee shall, under any circumstances, be deemed an employee of Lessor. 9.- INDEMNIFICATION. Lessee shall indemnify and hold Lessor harmless from any' and all penalties, fines, costs, claims, demands, damages, or liabilities of any kind, including attorneys' fees and costs, arising out of or in connection with the operations, activities, or omissions of Lessee hereunder. 10. TAXES. Lessee shall pay.all personal property taxes levied or assessed . against its operation or improvements on the leased premises, and Lessee shall pay the Page 3 of 3 Blue Pit May 2014 N -8