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4. Mining Company has been fully advised by PSCo that such overhead electric
<br /> distribution facilities may now.transport and may continue to transport electric current at significant
<br /> voltage. Mining Company shall advise all of its employees, agents, contractors, and other persons
<br /> who need to know about the Property,pursuant to the provisions of this Agreement.of the existence
<br /> and nature of such electric current facilities and the danger and risk involved.
<br /> 5. Release and Indemnification.
<br /> (a) As used in this Agreement, the term "Claims" means (1) claims, demands,
<br /> liens, suits, actions, causes of action, proceedings, orders, decrees and judgments of any kind or
<br /> nature whatsoever by or in favor of anyone whomsoever including claims asserted against PSCo by a
<br /> federal, state or local government entity; (2) losses, liabilities, costs, damages and expenses,
<br /> including attorneys' fees, expert witness fees, consultant fees, and court and arbitration costs, at all
<br /> levels, whether or not litigation or arbitration is commenced; (3) fines and penalties; (4)
<br /> environmental costs, including, but not limited to, investigation, removal, remediation, and
<br /> restoration costs, natural resource damages,and consultant and other fees and expenses;(5)damages
<br /> of any kind, including lost profits and consequential damages; and (6) any and all other costs or
<br /> expenses.
<br /> (b) As used in this Agreement, the term "Injury" means (1) death, personal
<br /> injury,or property,environmental,or natural resources damages,and any other losses,obligations or
<br /> damages incurred by PSCo for which PSCo would reasonably expect to have obligations under
<br /> environmental laws; (2) loss of profits or other economic injury; and (3) disease or actual or
<br /> threatened health effect
<br /> (c) The term "Environmental Law" means any and all applicable environmental
<br /> laws, whether imposed by statute or derived from common law including, but not limited to, the
<br /> Toxic Substances Control Act (15 U.S.C. § 2601, et seq.), the Comprehensive Environmental
<br /> Response, Compensation, and Liability Act of 1980, (42 U.S.C. § 9601, et seq.), the Solid Waste
<br /> Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6901, et
<br /> scq.), the Hazardous Material Transportation Act, (49 U.S.C. § 5101, et seq.), the Federal Water
<br /> Pollution Control Act, (33 U.S.C. § 1251, et seq.),the Clean Air Act, (42 U.S.C. § 7401,et seq.),the
<br /> Low-Level Radioactive Waste Policy Act(42 U.S.C. 2021b et seq.),the Endangered Species Act(16
<br /> U.S.C. § 1531,et seq.),the Migratory Bird Treaty Act(16 U.S.C. § 703 et seq.),and applicable state
<br /> counterparts, and their implementing regulations, all as amended from time-to-time, and all other
<br /> comparable federal, state or local environmental, conservation or environmental protection laws,
<br /> rules or regulations.
<br /> (d) Mining Company shall protect, defend, indemnify, release, save and hold
<br /> harmless PSCo, its partners, directors, officers, agents, employees, successors, assigns, parents,
<br /> subsidiaries, and affiliates from and against any and all Claims and threatened Claims arising from,
<br /> alleged to arise from,resulting from or alleged to result from,in whole or in part,(1)this Agreement;
<br /> (2) any act or omission of Mining Company, or any of Mining Company's employees, agents,
<br /> contractors, consultants or any of their invitees; or(3) the presence of Mining Company, or any of
<br /> Mining Company's employees,agents,contractors or consultants,or any of their invitees,in upon,at
<br /> or about the Property.
<br /> (e) Mining Company's duty to protect, indemnify, hold harmless, release, and
<br /> defend hereunder shall apply to any and all Claims and threatened Claims,and Injury,including,but
<br /> not limited to:
<br /> June 2018 Exhibit B—Page 2
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