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this Lease; (ii) any breach of Kilgore's representations, warranties or covenants in <br />(iii) any Hazardous Substance brought onto or transported from the <br />Properties by or for Kilgore, or its agents, servants, employees, or independent contractors; <br />(iv) KiIgore's use of the Properties prior to this Lease (if any), including <br />without limitation Kilgore's drilling, tests, studies and other actions taken to evaluate the <br />Properties by Kilgore; <br />(v) any other negligent acts or omissions of or by Kilgore, its agents, <br />servants, employees, invitees, or independent contractors; and/or <br />(vi) any Event of Default by Kilgore. <br />This indemnification shall include Claims resulting from or alleged to result from either active or <br />Passive negligence of any Parkerson Indemnified Party concurrent with that of Kilgore or others, <br />but shall not apply to the extent that any Claims are determined by a court of competent jurisdiction <br />or arbitral tribunal to have arisen from the sole negligence or willful misconduct of any Parkerson <br />Indemnified Party. Each Parkerson Indemnified Party shall have the right to participate in the <br />defense of any claim against it that is covered by Kilgore's obligations hereunder. Kilgore's <br />indemnification obligations shall extend to all of Kilgore's obligations under this Lease and shall <br />not be limited in duration or amount. Kilgore's obligations under this Subsection (a) shall survive <br />the expiration or termination of this Lease until such time as action against the Parkerson <br />Indemnified Parties on account of any such, Claims is barred by the applicable statute of limitations. <br />(b) Of Kilgore. To the fullest extent permitted by lave, Parkerson shall indemnify, <br />defend, and hold harmless Kilgore (the "Kilgore Indemnified Parties") from and against Iiabilities, <br />claims, demands, causes of action, settlements, administrative orders, judgments, damages, costs <br />and expenses, including, but not limited to, attorney's fees and costs (collectively "Claims"), to <br />the extent caused by the negligence of Parkerson; provided, however, Parkerson's duty to defend <br />under this Lease only arises after a court of competent jurisdiction has determined that Parkerson <br />was in fact negligent and that such negligence was a proximate cause of the damages that form the <br />basis of the underlying claims that give rise to the duty to defend as set forth herein. <br />This indemnification shall include Claims resulting from or alleged to result from either active or <br />passive negligence of any Kilgore Indemnified Party concurrent with that of Parkerson or others, <br />but shall not apply to the extent that any Claims are determined by a court of competent jurisdiction <br />or arbitral tribunal to have arisen from the sole negligence or willful misconduct of any Kilgore <br />Indemnified Party. Each Kilgore Indemnified Party shall have the right to participate in the <br />defense of any claim against it that is covered by Parkerson's obligations hereunder. Parkerson's <br />indemnification obligations shall extend to all of Parkerson's obligations under this Lease and shall <br />not be limited in duration or amount. Parkerson's obligations under this Subsection (b) shall <br />CAIAT"I \L1V1ParBrolA & G1IUISOMWIT1 i -Pit Mining Lease Agra -7- I 2 -17 -clean. docx Page 9 of 18 <br />