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4. Machinery and Equipment: Buyer shall have the additional right of using the Site for the <br /> purpose of erecting any and all equipment that it may need to remove such dirt, and the right to <br /> grade roads or other rights of way to any and all points on the land necessary to or useful for the <br /> loading and removal of the dirt. Buyer shall also have the right to place on the Site all necessary <br /> machinery and structures required by it in connection with its operations, with the right and <br /> obligation to remove all such machinery, equipment, and structures within ten (10) days after <br /> termination of this Agreement. <br /> 5. Title and Representations: Seller warrants sufficient title and right to sell the dirt on the <br /> Site's land, and further warrants that the dirt in place is free and clear of any liens, and will <br /> remain as such so as not to impair the Buyer from removal of said dirt. Seller makes no <br /> representation nor warranty to Buyer with respect to the quality or composition of the dirt, nor <br /> the conditions that may exist in connection with accessing and loading the dirt. <br /> 6. Use of Land by Seller: Seller shall at all times during the term of this Agreement have <br /> the use of any and all parts of the above described land for any and all purposes. <br /> 7. Security: Buyer agrees to establish and maintain its own security system upon all areas <br /> being used by Buyer, without denying use of the area to Seller. <br /> 8. Specifications: Buyer, its agents and contractors shall insure that said crews have proper <br /> supervision at all times. Dirt removal shall be done only in designated areas and only by the use <br /> of reasonable care and common sense to preserve Seller's remaining property, and personal <br /> property such as fencing. Pit will be dug to a maximum depth of four(4) feet. All completed <br /> sides of the pit will be sloped at 4:1. <br /> 9. General Indemnity: Buyer, its agents and contractors agrees to hold harmless Seller <br /> against any and all claims of loss, damages, liability or other expenses of any nature, character <br /> and kind that may arise out of, be connected with, or occur as a result of Buyer's operations on <br /> the above described Site. <br /> 10. Default: If Buyer fails to perform any obligation, or breaches any provision of this <br /> Agreement, and fails to remedy the situation to the reasonable satisfaction of Seller after notice <br /> and demand for cure, then Seller may declare this Agreement to be in default and, at its option, <br /> (1) terminate the Agreement; (2) compel specific performance of the Agreement; (3) suspend the <br /> right to remove dirt from the Site until the default has been remedied; (4) with prior notice to <br /> Buyer, cure or proceed to cure, at Buyer's expense; or (5) such other form of relief as may be <br /> available by law or equity, or both. <br />