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c.The Company shall provide all labor, materials, and equipment to <br />properly mine the property set forth herein. <br />d. The Company shall retain onsite existing topsoil for future reclamation <br />or provide such. <br />e.The Company shall provide appropriate portable toilets and drinking <br />water. <br />f.The Company shall comply with all other local and/or State Health <br />Department regulations for operation of a mining permit. <br />g. The Company shall be obligated to mine the area in a safe and <br />appropriate manner according to all local, state or Federal regulations, <br />including but not limited to providing safety berms, waste water <br />treatment, fueling containment and control waste water generated on <br />the mining site. <br />h. The Company shall be responsible to reapply overburden and to <br />properly slope and grade the used mining sites as provided in the <br />application for mining permit as the mining progresses. <br />6.Waiver of Lateral Support. Lessor hereby waives lateral support as <br />reasonably necessary for mining purposes for the portions of the Property <br />abutting boundary lines between the Property and adjacent properties that are <br />or hereafter be owned or leased by the Company. Company shall replace or <br />restore any improvements such as fences damaged by removal of lateral <br />support. <br />7.Ingress and Egress. The Company shall have the right of ingress and egress to <br />and from the said property. <br />8.Liabilities. <br />a.Company shall defend and indemnify and hold harmless the Lessor <br />and Lessor's agents and employees from and against any and all <br />claims, demands,judgments and liability, including reasonable <br />attorney fees and expert fees, by or to any and all third parties that may <br />arise as a result of the negligent acts or omissions of Company or its <br />agents, representatives, officers. employees, lessees and contractors, in <br />or about the Property. <br />b. The Company shall defend. indemnify, and hold harmless Lessor from <br />any and all liability resulting from the Company operations hereunder <br />pursuant to all local, state and federal environmental laws, ordinances, <br />rules and regulations. including but not limited to, the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980 (42 <br />U.S.C. § 9601 et seq.) and the Resource Conservation and Recovery <br />Act(42 U.S.C. § 6901 et seq.), as any of such laws, ordinances, rules <br />and regulations have been or are amended from time to time. <br />5 <br />Lessor Initials <br />Lessee Initials