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i. Spreading any remaining stockpiled gravel to a natural grade, upon <br />written permission from Licensor, which permission shall not be <br />unreasonably withheld and shall only be withheld should the Licensor <br />desire to sell or remove any of the stockpiled product; <br />ii. Removal of any of the fixtures that Licensee installed at the <br />property and which Licensor states, in writing after the termination <br />of the License, that the Licensor does not want to retain any said <br />fixtures; <br />iii. Removal of any equipment from the Property; and, <br />iv. Restoring any other areas of the Property impacted by and clearly <br />attributed to the Licensee's activities on the Premises. <br />These obligations shall survive the termination of this Agreement. <br />6. Assignment. The Licensee shall not transfer or assign this License without Licensor's <br />written consent, which consent will not be unreasonably withheld. <br />7. Release. The Licensee is using the premises entirely at the Licensee's risk, and <br />acknowledges that the Licensor has made no warranty or representation, express or implied, <br />regarding the safety of such activity. In addition, the Licensee acknowledges that the Licensor <br />has made no representations of any nature in connection with the condition of the Property, and <br />the Licensor shall not be liable for any latent or patent defects thereon. The Licensee releases the <br />Licensor from any and all claims, demands, actions, lawsuits, or causes of action that the <br />Licensee may have against the Licensor related to the Licensee's use of the Property. <br />8. Insurance/Indemnification. The Licensee shall indemnify and hold The Licensor harmless <br />from and any and all losses, damages (including incidental and consequential damages), <br />expenses (including court costs, reasonable attorneys' fees, interest expenses and amounts paid <br />in compromise or settlement), suits, actions, claims, penalties, liabilities or obligations related to, <br />caused by, arising from or on account of the use of the Property by the Licensee, its contractors, <br />employees, owners, or agents. Prior to removing any additional product, the Licensee shall <br />provide the Licensor with a certificate of insurance with a responsible company qualified to do <br />business in Colorado and in good standing therein, evidencing comprehensive public liability <br />insurance with a per occurrence limit in the amount of $1,000,000 and an aggregate limit in the <br />amount of $2,000,000, naming the Licensor as an additional insured. <br />9. Default. If the Licensee violates any covenant or agreement set forth herein, and does not <br />cure such default within 15 days following notice from the Licensor, the Licensor shall have the <br />right to immediately terminate this Agreement and remove the Licensee and anyone claiming <br />under the Licensee from the Property, without prejudice to the Licensor's other remedies at law <br />-3- <br />