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2018-10-11_PERMIT FILE - M2018053
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2018-10-11_PERMIT FILE - M2018053
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Last modified
1/4/2025 5:51:13 AM
Creation date
10/11/2018 2:16:26 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2018053
IBM Index Class Name
PERMIT FILE
Doc Date
10/11/2018
Doc Name
Application
From
Titan Au, Inc.
To
DRMS
Email Name
DMC
WHE
Media Type
D
Archive
No
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(including, without limitation, chrninubnn in value of the Leased Premises, damages for the loss <br /> or restriction on use ofthe Leased Premises, damages arising from any adverse impact on future <br /> leasing ofthe Leased Premises, and sums paid in settlement ofclaims, attorney fees, consultant <br /> fees and expert fees) which arise during 0r after the lease term as result ofsuch <br /> contannination. This indemnification of Lessor by Lessee includes, without bnnibadon. costs <br /> incurred in connection with any investigation of site conditions or any cleanup, remedial, <br /> removal, Vr restoration work required by any federal, state, or local governmental agency or <br /> political subdivision because of Hazardous Material present in the soil or ground water on or <br /> under the Leased Premises. Without iirniting the foregoing, if the presence nfany Hazardous <br /> Material on the Leased Premises caused or permitted by Lessee results in any contamination of <br /> the Leased Premises, Lessee shall promptly take all actions at Lessee's sole expense asare <br /> necessary to return the Leased Premises Lo the condition existing prior tn the introduction of any <br /> such Hazardous Material to the Leased Premises; provided that Lessor's approval of such actions <br /> shall first be obtained. "Hazardous Material" means any hazardous or toxic substance, material <br /> or waste which is or becomes regulated by any i0[a[ governmental authority, the State of <br /> Colorado orthe United States Government. The term Hazardous Material includes, without <br /> [imitation, any material Or substance that is (i) defined or designated as ''hazardous <br /> substance", "hazardous waste" or a "regulated subSLanCe" under appropriate state or federal <br /> law. <br /> 38. LIENS AND CLAIMS '- Lessee shalt not suffer 8r permit to be enforced against the Leased Prennises, any <br /> part thereof, or any improvements thereon any liens arising from, or any claim for damage arising in <br /> any way from Lessee's operation. Lessee shalt pay or cause to be paid all of said liens, claims, or <br /> demands before any action is brought to enforce the same against the Leased Premises or <br /> improvements. Lessee agrees tVdefend, indemnify and hold Lessor and the Leased Premises free and <br /> harmless from all liability for any and all liens, claims, demands, and actions together with reasonable <br /> attorney fees and all costs and expenses in connection therewith. Lessee shalt be liable for all {axes, <br /> assessments, and other charges assessed on the Leased Premises Vr any property related thereto. <br /> Lessee shalt, upon execution of this Lease at its cost, prepare Notice, pursuant t0 [.R.S. 1973, <br /> 8 38'22-105 and cause the same to be posted for the purpose of protecting Lessor against any liens or <br /> encumbrances upon the Leased Premises by reason of work, iabor, services or materials contracted for <br /> or supplied to Lessee. <br /> 29. BOND '' Nooperations are tObe commenced Vn the iands herein described unless and until Lessee has <br /> filed agVVd and sufficient bond with Lessor in an amount fixed by Lessor, to secure the payment for <br /> damages caused by Lessee's or Lessee's agent's operations Un said [ands. Lessor may require such bond <br /> to be held in full force and effect for an extended time period after cessation of operations for which <br /> the bond was intended with approval ofLessor. This requirement may be satisfied by the financial <br /> warranty requirements uf the DRk85. <br /> 30' WATER RIGHTS - All water, water rights, ditch rights, water stock and/or ditch 5in[k appurtenant to <br /> or used in connection with the Premises including, without limitation, tributary and non-tributary <br /> water rights, and any rights in pending applications for permits oradjudications in water rights, <br /> vveib, rights in ditch water in canal organizations orcompanies. 4(i such uses shall be and remain <br /> Page 12of 18 <br />
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