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C. The Lessor is not aware of any fact or circumstance which <br />would prevent the Lessee from operating a sand and gravel pit mine on the Premises. <br />18. Compliance With Laws. The Lessee's operations on the Premises <br />shall be in accordance with good and accepted mining practices and in compliance with all <br />federal, state and local laws, rules and regulations. <br />19. Quiet Enjoyment. The Lessor warrants and will defend the Lessee in <br />the quiet enjoyment and possession of the Premises during the Term hereof so long as the <br />Lessee is not in default hereunder. <br />20. Lessee's Indemnification. The Lessee shall indemnify and hold <br />harmless the Lessor from and against any and all claims arising from the Lessee's use of <br />the Premises or from the conduct of its business or from any activity, work, or other things <br />done, permitted or suffered by the Lessee in connection with the Premises, and shall <br />further indemnify and hold harmless the Lessor against and from any and all claims <br />arising from any breach or default in the performance of any obligations on the Lessee's <br />part to be performed under the Terms of this Lease, or arising from any act or negligence <br />of the Lessee, its officers, agents, guests, employees or invitees, including without <br />limitation Mine Safety and Health Act violations, and from all costs and reasonable legal <br />fees and liabilities incurred in connection with the defense of any such claim or any action <br />or proceeding brought thereon (including any appeal thereof) and in case any action or <br />proceeding be brought against the Lessor by reason of such claim, the Lessee upon notice <br />from the Lessor shall engage counsel reasonably satisfactory to the Lessor to defend the <br />same at the Lessee's expense. <br />21. Lessor's Indemnification. The Lessor shall indemnify and hold <br />harmless the Lessee from and against any and all claims arising from the Lessor's use of <br />the Premises or from the conduct of its business or from any activity, work, or other things <br />done, permitted or suffered by the Lessor in connection with the Premises, and shall <br />further indemnify and hold harmless the Lessee against and from any and all claims <br />arising from any breach or default in the performance of any obligations on the Lessor's <br />part to be performed under the terms of this Lease, or arising from any act or negligence <br />of the Lessor, its officers, agents, guests, employees or invitees, and from all costs and <br />reasonable legal fees and liabilities incurred in connection with the defense of any such <br />claim or any action or proceeding brought thereon (including any appeal thereof) and in <br />case any action or proceeding be brought against the Lessee by reason of such claim, the <br />Lessor upon notice from the Lessee shall engage counsel reasonably satisfactory to the <br />Lessee to defend the same at the Lessor's expense. The Lessor understands that the <br />Lessee will be conducting excavation activities and operating heavy equipment on the <br />Premises, and that such activities are dangerous and may result in open, unprotected <br />and/or hazardous areas upon the Premises. The Lessor waives any right to claim that the <br />Lessee is liable for injury to the Lessor, its property, or its officers, agents, guests, <br />employees or invitees due to the dangerous conditions that may exist on the Premises <br />during the Term of the Lease as a result of excavation or mining activities or the operation <br />of heavy equipment. <br />7 <br />