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(b) Each party (the "Paying Party")shall have the right, but not the obligation, at any
<br /> time to pay on behalf of the other party (the "Defaulting Party") any tax, or
<br /> obligation, or to satisfy and remove any lien on the Property, in the event of
<br /> default of payment or other obligation by the Defaulting Party. The Paying Party
<br /> shall be entitled to reimbursement of amounts paid together with an interest
<br /> charge at the rate of 12% per annum or the highest rate allowed by law,
<br /> whichever is less, which amounts, including amounts for interest shall be added
<br /> to any amounts of money payable to Paying Party or deducted from any amounts
<br /> of money payable to Defaulting Party under the terms hereof.
<br /> 17. Indemnification.
<br /> (a) Indemnification by Lessee. Lessee will indemnify and hold Lessor, its directors,
<br /> officer, representatives, employees, and agents harmless from and against any
<br /> and all claims, actions, suits, demands, assessments, judgments, losses,
<br /> liabilities, damages, costs and expenses (including interest, penalties, attorneys'
<br /> fees, accounting fees, and investigation costs (collectively "liabilities") resulting
<br /> or arising from, relating to or incurred in connection with: (1) any failure of
<br /> Lessee to pay, perform, and discharge any obligation of Lessee under this Lease,
<br /> any environmental liabilities arising from operations or activities (of Lessee or
<br /> third parties) during the term hereof, ongoing and final reclamation obligations,
<br /> and water augmentation requirements (the Lessor has no knowledge of any
<br /> mining activities that have been conducted on the Property), (2) any breach of
<br /> any representation or warranty of Lessee contained herein or in any other
<br /> document delivered to Lessor in connection herewith, (3) any breach of any
<br /> covenant of Lessee contained herein or in any other document delivered to
<br /> Lessor in connection herewith, and (4) injury to or death of persons or for
<br /> damage to property resulting from the Lessee's negligence or intentional
<br /> wrongful acts. Nothing contained in this Lease will exculpate Lessee from any
<br /> liability to Lessor or to any other person or entity that it has or may have under
<br /> state or federal law or under common law.
<br /> (b) Indemnification by Lessor. Lessor will indemnify, and hold Lessee, its directors,
<br /> officer, representatives, employees, and agents harmless from and against any
<br /> and all claims, actions, suits, demands, assessments, judgments, losses,
<br /> liabilities, damages, costs and expenses (including interest, penalties, attorneys'
<br /> fees, accounting fees, and investigation costs (collectively "liabilities") resulting
<br /> or arising from, relating to or incurred in connection with: (1) any failure of
<br /> Lessor to perform and discharge any obligation of Lessor under this Lease, (2)
<br /> any breach of any representation or warranty of Lessor contained herein or in
<br /> any other document delivered to Lessee in connection herewith, (3) any breach
<br /> of any covenant of Lessor contained herein or in any other document delivered to
<br /> Lessee in connection herewith, and (4) injury to or death of persons or for
<br /> damage to property resulting from the Lessor's negligence or intentional
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