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make dreasonable effort to protect the integrity of surface owner's or lessee's roads, fences, gates,
<br /> cattlemuards, and other property.
<br /> 26. SURFACE DAMAGE --Lessee has the right to utilize as much of the surface of the lands as is reasonably
<br /> necessary for mining operations; however, Lessee shalt be liable and agrees to pay for all damages to
<br /> the surface, livestock, growing crops, water wells, reservoirs, or other improvements caused by
<br /> Lessee's operations on the Leased Premises. Lessee shalt be responsible for the eradication and control
<br /> of noxious weeds on the Leased Premises as a result of Lessee's operations or subsidence.
<br /> 27. LIABILITY -
<br /> a) The Lessor shalt not be liable to the Lessee, its agents, employees, invitees, patrons orany
<br /> other person whomsoever, for injury to0rdeath of any person or damage to or loss of property
<br /> in, upon or adjacent to the Premises Orother property contiguous Or appurtenant thereto, which
<br /> may arise during the Lessee's development, use or occupancy of the Leased Premises Or by any
<br /> person s0 doing through ur under the Lessee Dr with its permission, express urimplied. The
<br /> Lessee further waives any claim against the Lessor regarding the Lessor's approval or disapproval
<br /> of any plans or specifications whether or not defective.
<br /> b) The Lessee agrees to indemnify the Lessor and save it harmless against and from any and all
<br /> claims byorVn behalf Qfany perlOn(s), firnn(s)' corporation(s) arising from the conduct or
<br /> management oforfrom any work or thing done on or about the Leased Premises and to indemnify
<br /> and save the Lessor harmless against and from any and all claims arising during the Term hereof
<br /> from: (i) environmental issues, erosion' sedimentation, surface and sub'5urfacedannage. (ii) any
<br /> claims for injury Or dealt Of@n persons, Or any damage, toss, or destruction of any property, real
<br /> or persVnai, under any theory 0ftort, contract, strict liability, or statutory liability, (iii) any of
<br /> those matters specified in this Article; (iv) any breach or default on the part n[ the Lessee
<br /> hereunder; and (v) any act nr omission of the Lessee or any of its agents, contractors, servants'
<br /> assignees, employees, invitees or licensees, on or about the Leased Premises Orother property
<br /> contiguous or appurtenant t0the Leased Premises, including all costs, 3ttOrney`Sfee5. expenses
<br /> and b8biUde5 incurred in or about any such claim Or any action Or proceeding brought thereon;
<br /> and in case any action or proceeding be brought against the Lessor by reason Qf any such [i8inn
<br /> upon notice from Lessor, the Lessee covenants to promptly effect the dismissal thereof orto
<br /> diligently resist and defend such action or proceeding by counsel satisfactory tO the Lessor, at
<br /> the sole cost and expense of the Lessee'
<br /> C) Lessee shalt comply with all applicable federal, state and local environmental, wetlands
<br /> protection, health and hazardous waste taws, ordinances and regulations. In addition to the
<br /> foregoing, and not in limitation thereof, Lessee shalt not cause nr permit any Hazardous Material
<br /> to be brought upon, kept nrused in or about the Lensed Premises by Lessee or Lessee's agents,
<br /> employees, contractors or invitees' without the prior written consent of Lessor. If Lessee
<br /> breaches the obligations stated in the preceding sentence, or if the presence of Hazardous
<br /> Material on the Leased Premises caused or permitted by Lessee results in contamination ufthe
<br /> Leased Premises, or if contamination of the Leased Premises by Hazardous Material otherwise
<br /> occurs for which Lessee is legally liable, then Lessee shalt indemnify, defend and hold Lessor
<br /> harmless from any and all [i8inn5' judgments, damages, pen8ities., fines, costs' liabilities or losses
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