2017-04-07_INSPECTION - M1980249

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