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CMS 62167
<br /> Refer to Exhibit F.
<br /> 4. Office of the State Engineer,Colorado Department of Natural Resources,Division of Water
<br /> Resources
<br /> Refer to Exhibit F.
<br /> 5. Colorado Department of Public Health and Environment,Hazardous Materials and Waste
<br /> Management Division("HMWMD")
<br /> A. Lessee shall contact HMWMD to confirm and clarify which of Lessee's operations is subject to
<br /> HMWMD oversight.
<br /> B. Lessee shall comply with all requirements of HMWMD,including its rules,regulations,policies,and
<br /> guidance.
<br /> C. Hazardous Material
<br /> L As used herein,the term"Hazardous Material"means any hazardous or toxic
<br /> substance,material or waste which is or becomes regulated by any local governmental
<br /> authority,the state of Colorado or the United States government. Hazardous Material
<br /> includes,without limitation,any material or substance that is defined or designated as a
<br /> "hazardous substance,""hazardous waste,"or a"regulated substance"under applicable
<br /> local,state,or federal law.
<br /> iii. In addition to compliance with the rules,regulations,policies,and guidances of the
<br /> HMWMD,Lessee shall not cause or permit any Hazardous Material to be brought
<br /> upon,kept or used in or about the Leased Premises by Lessee or Lessee's agents,
<br /> employees,contractors or invitees in regulated quantities,singly or in aggregate,
<br /> without the prior written consent of Lessor. If Lessee breaches this obligation,or if the
<br /> presence of Hazardous Material on the Leased Premises caused or permitted by Lessee
<br /> results in contamination of the Leased Premises,or if contamination of the Leased
<br /> Premises by Hazardous Material otherwise occurs for which Lessee is legally liable,
<br /> Lessee shall indemnify,defend and hold Lessor harmless from any and all claims,
<br /> judgments,damages,penalties,fines,costs,liabilities or losses(including,without
<br /> limitation,diminution in value of the Leased Premises,damages for the loss or
<br /> restriction on use of the Leased Premises,damages arising from any adverse impact on
<br /> future leasing of the Leased Premises,and sums paid in settlement of claims,attorney
<br /> fees,consultant fees and expert fees)which arise during or after the Lease Term as a
<br /> result of such contamination. This indemnification includes,without limitation,costs
<br /> incurred in connection with any investigation of site conditions or any cleanup,
<br /> remedial,removal,or restoration work required by any federal,state,or local
<br /> governmental agency or political subdivision because of Hazardous Material present in
<br /> the soil or ground water on or under the Leased Premises. Without limiting the
<br /> foregoing, if the presence of any Hazardous Material on the Leased Premises caused or
<br /> permitted by Lessee results in any contamination of the Leased Premises or adjacent
<br /> property,Lessee shall promptly take all actions,at Lessees sole expense,as are
<br /> necessary to return the Leased Premises and adjacent property to the condition existing
<br /> prior to the introduction of any Hazardous Material to the Leased Premises,provided
<br /> that Lessee shall first obtain both HMWMD and Lessor approval and acceptance of
<br /> remedial action. Such approval and acceptance shall not be construed as relieving
<br /> Lessee from taking any and all immediate and reasonable action to mitigate and
<br /> control any spill or release of Hazardous Material at the Leased Premises prior to
<br /> formal approval by HMWMD and acceptance by Lessor.
<br /> D. Solid Waste
<br /> Regardless of Lessee being able to establish compliance with HMWMD requirements concerning
<br /> solid waste,Lessee shall not keep or maintain any solid waste on the Leased Premises for more than
<br /> forty-five(45)days. Lessee shall dispose of all solid waste generated at the Leased Premises in a
<br /> compliant,accepting landfill at other than on the Leased Premises.
<br /> Exhibit E-2
<br /> N - a �
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