2015-03-11_REVISION - M1998022 (4)

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Maintenance Agreement to which Gallegos and Raymond are parties, the terms of this Agreement shall prevail. 6. Insurance /Indemnity. During the term of this Agreement, Gallegos shall maintain reasonable amounts of general liability insurance covering its operations naming Raymond as an additional insured, as well as workmen's compensation and auto insurance insuring Gallegos' employees who enter Raymond's Property. Further, Gallegos agrees to indemnify and hold Raymond harmless from any and all losses, liabilities, costs, expenses (including reasonable attorneys fees incurred) and damages incurred by Raymond as a result of Gallegos' use of, operations on or about Raymond's Property. 7. Reclamation. Gallegos agrees to complete all reclamation requirements as provided for under the Permits. 8. Covenants Running With the Land. The Easement granted herein will be binding up and inure to the benefit of the Parties and their successors and assigns, and for the period of the Easement's duration will run with the land comprising the Raymond Property, solely for the benefit of Gallegos, it's successor and assigns. 9. No Public Dedication. Nothing herein shall be deemed to be a grant or dedication of any portion of the Raymond Property to or for the general public or for any public purposes whatsoever, it being the intention of the Parties that this Agreement be strictly limited to the purposes expressed herein. 10. Entire Agreement. The Parties acknowledge that this Agreement sets forth their entire agreement and understanding with respect to the subject matter hereof and that no oral or other agreements, understandings, representations, or warranties, other than those set forth in this Agreement, exist with respect to the subject matter of this Agreement. 11. Modification or Termination. This Agreement may not be modified in any respect or terminated, in whole or in part, except pursuant to a written amendment executed by the Parties or their respective successors and assigns. Any such written amendment will be recorded in the office of the Clerk and Recorder of Gunnison County, Colorado. 12. Governing Law. The terms and provisions of this Agreement will be construed and enforced in' accordance with the laws of the State of Colorado. 13. Breach. In the event either party should violate any of the terms or conditions of this Agreement, the other party shall provide the defaulting party with at least a thirty (30) day notice and opportunity to cure or otherwise correct any such violation. If corrections are not made within said thirty (30) days (or at least commenced, if a reasonable cure required longer than thirty (30) days due to weather or other matters beyond the control of the defaulting party), the non - defaulting party Easement Agreement 3