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Utilities for the cost of repair or replacement of the Structures located on or within 200 feet of any <br />location where mining activity will be performed at the Mine. <br />Section 4. Indemnification. Houchin hereby releases Utilities and shall fully <br />indemnify and hold harmless Utilities, the Colorado Springs Utilities Board of Directors, the City <br />of Colorado Springs and its City Council, and their respective officers, employees, agents, and <br />representatives from and against any and all claims, costs, and fees (including, but not limited to, <br />all fees and charges of engineers, architects, attorneys, and other professionals and all court or <br />other dispute resolution costs), losses, damages, causes of action, or liability of any nature <br />(including, but not limited to those relating to environmental matters) arising from or in connection <br />with Houchin's Mine. <br />Section 5. Waiver. The failure of either Party to insist upon a strict performance of <br />any of the obligations contained in this Agreement, shall in no way be construed to constitute a <br />waiver of such obligations. <br />Section 6. Governing Law and Jurisdiction. This Agreement shall be construed in <br />accordance with the laws of the State of Colorado, the Colorado Springs City Charter, the Colorado <br />Springs City Code, and all ordinances, rules, and regulations adopted by the City of Colorado <br />Springs or Colorado Springs Utilities. In the event of any dispute over this Agreement or its subject <br />matter, the exclusive venue and jurisdiction for any litigation arising hereunder shall be in the <br />District Court of El Paso County, Colorado, and if necessary for exclusive federal questions, the <br />United States District Court for the District of Colorado. <br />Section 7. No Third Party Beneficiaries. Except as expressly provided otherwise, this <br />Agreement is intended to be solely for the benefit of the Parties and shall not otherwise be deemed <br />to confer upon or give to any other person or third party any remedy, claim, cause of action, or <br />other right. <br />Section 8. Incorporation of Recitals and Exhibits. All recitals set forth above and all <br />Exhibits attached hereto are herein incorporated by reference. <br />Section 9. Notice. Any notice provided as a result of this Agreement shall be in writing <br />and sent by delivery service or mailed by certified mail, postage prepaid, and return receipt <br />requested to the address provided below. Such notice shall be effective upon the date received and <br />acknowledged by signature of the Party that receives the notice. Either Party may change its notice <br />address by giving notice as provided herein. <br />Colorado Springs Utilities; <br />Colorado Springs Utilities <br />Field Engineering Supervisor <br />1521 S. Hancock Expressway, Mail Code 1812 <br />Colorado Springs, Colorado 80947 <br />