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the insurance required to be maintained by Buyer pursuant to this paragraph is in place and that <br /> Seller and the Individuals are named as additional named insureds thereon. <br /> 9.6 Indemnity. Buyer shall assume all risk of damage to or destruction of its <br /> equipment and other personal property on or within the Jemadojin Mine Property and agrees to <br /> indemnify and hold harmless Seller and the Individuals for and from any and all claims against <br /> Seller or the Individuals by virtue of any such damage to or destruction of Buyer's equipment <br /> installed at the Jemadojin Mine. Buyer shall indemnify,hold harmless and defend Seller and the <br /> Individuals for, from and against any and all Damages related to the loss of life, personal injury <br /> and/or property arising from or out of the occupancy, operation or use of the Jemadojin Mine <br /> Property or other portions of the Transferred Real Property by Buyer, or its agents, employees, <br /> contractors or invitees, or any person lawfully claiming under Buyer. Buyer's obligations under <br /> this Section 9.6 will survive the Closing and any termination of this Agreement. <br /> 9.7 Permits. Buyer shall be entitled to utilize and operate the Purchased Assets under <br /> any Governmental Permits held by Seller. Buyer and Seller each acknowledge that other <br /> Governmental Permits will need to be obtained to reopen and operate the Jemadojin Mine at the <br /> Jemadojin Mine Property, and Buyer and Seller agree to use commercially reasonable efforts to <br /> obtain all such permits, with terms substantially similar to those terms contained in the <br /> Governmental Permits obtained when the Jemadojin Mine was operating (or on such other terms <br /> as may be desired by Buyer and as are reasonably acceptable to Seller in its reasonable <br /> discretion), and Buyer agrees to pay any and all application and other fees required therefor. In <br /> that regard, Buyer agrees to provide a substitute reclamation bond for the reclamation bond <br /> currently posted by Seller with the Colorado Division of Reclamation and Mining Safety. <br /> Additionally, if required, Buyer will pay all application fees and pay the costs for any reports or <br /> studies which may be required to reactivate or obtain a new Special Use Permit for mining from <br /> El Paso County,Colorado. Once obtained,Buyer shall not alter any permits or take any action to <br /> amend, modify or terminate such permits without Seller's prior written consent, which shall not <br /> be unreasonably withheld, conditioned or delayed. If Buyer does not purchase the Purchased <br /> Assets prior to the Termination Date, Buyer agrees to take any necessary actions to transfer any <br /> Governmental Permits it has obtained prior to the Termination Date pertaining to the Purchased <br /> Assets to Seller. <br /> 9.8 Alterations. Buyer shall not be entitled to make any alterations to the Jemadojin <br /> Mine without first obtaining the approval of plans therefor by Seller,which approval shall not be <br /> unreasonably withheld, conditioned or delayed. Any improvements made by Buyer shall <br /> become the property of Seller if Buyer does not acquire the Purchased Assets under this <br /> Agreement, unless Seller provides notice to Buyer within thirty (30) days after the Termination <br /> Date to have those alterations removed by Buyer at its expense. <br /> 9.9 Compliance with Laws. Buyer agrees, at Buyer's expense, to comply at all times <br /> with any and all federal, state and local Laws and regulations pertaining to the Jemadojin Mine <br /> or to Buyer's mining or other operations thereon. <br /> 9.10 Assignment. Buyer shall not assign its lease rights hereunder without the prior <br /> written consent of Seller, in Seller's sole discretion. <br /> 34 <br />