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Case 14-33427 Doc 256 Filed 12/14/15 Entered 12/14/15 15:37:17 Desc Main <br />Document Page 8 of 17 <br />his/her/its own expense, shall collect and remove the <br />Personal Property from the Camp Bird mine site. The <br />Purchaser shall indemnify and hold the Debtors <br />harmless for any injury or damage that may arise to the <br />Purchaser, the Purchaser's representatives, or the <br />Purchaser's equipment during the removal process. <br />The Purchaser shall agree to pay for any damage that <br />may occur to the Camp Bird mine site, including any <br />structures located on the Camp Bird mine site, during <br />the removal process. To the extent any Business <br />Records are recovered during the removal process, the <br />Purchaser shall deliver those Business Records to <br />counsel for the Debtors or a representative of the <br />Debtors within seven (7) days after the Purchaser <br />removes the Personal Property from the Camp Bird <br />mine site. <br />Preliminary Approval of Lease / Option: Within a reasonable time after execution of this <br />Agreement, the Debtors will file a motion with the <br />Bankruptcy Court requesting authority to enter into the <br />Lease / Option Agreement (the "Lease"), a copy of <br />which is attached at Schedule 1, and, thereafter, to <br />seek approval of the Lease at a subsequent hearing, <br />after appropriate notice to creditors and other parties in <br />interest, including court approval of a process to solicit <br />higher and better offers. If the Bankruptcy Court <br />grants such authorization to the Debtor, then as a <br />precondition to further proceedings for approval of the <br />Lease, the Tenant shall provide the Debtors with (a) <br />the initial rent deposit of $10,000 as required by the <br />Lease, all of which shall be fully refundable to Tenant <br />if the Lease is not subsequently approved by the <br />Bankruptcy Court. <br />Ancillary Matters related to Lease: <br />In connection with the Lease, the parties acknowledge <br />and agree that (a) any signatures on the Lease are not, <br />and shall not be, effective until the Bankruptcy Court <br />grants authority to the Debtor to enter into the Lease, <br />and that (b) any and all prior authorizations, approvals <br />or permissions granted by the Debtors in connection <br />with, or in relation to, either the Personal Property or <br />the Lease are withdrawn and ineffective, until the <br />Bankruptcy Court grants authority to the Debtor to <br />enter into the Lease. <br />Purchasers Representations: As a material inducement for this Agreement, <br />Purchaser represents and warrants to Debtors that <br />20944408 <br />3 <br />