2019-05-03_PERMIT FILE - M2019021

• Permit No: M2019021
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/3/2019
• Doc Name: Application
• From: Fremont Paving & Redi-Mix
• To: DRMS
• Email Name: TC1
• Media Type: D
• Archive: No

4. OBLIGATIONS OF EACH PARTY UNDER THE TERMS OF THIS CONTRACT.
a. The following shall be the obligation of the Lessor:
i. The Lessor shall be responsible to provide the appropriate mining
permit.
ii. The Lessor shall be responsible to provide the appropriate
reclamation bonding.
iii. The Lessor shall be responsible to provide seed and planting of
grass associated with reclamation of the mining site.
b. The following shall be the obligation of the Operator:
i. The Operator shall provide all labor, materials, and equipment to
properly mine the property set forth herein.
ii. The Operator shall retain onsite existing topsoil for future
reclamation or provide such.
iii. The Operator shall comply with all other local and/or State Health
Department regulations for operation of a mining permit.
iv. The Operator shall be obligated to mine the area in a safe and
appropriate manner according to all local, state and Federal
regulations.
v. The Operator shall be responsible to properly slope and grade the
used mining sites as provided in the application for mining permit
as the mining progresses. Sloping and grade must have final
Lessor approval.
5. COMPENSATION. The Operator hereby agrees to pay the Lessor $ 1per ton
for all rock removed from the site. Payments shall be made by the 20th of each
month following the month the material is removed from the mining site.
6. INDEMNIFICATION The Operator shall indemnify and hold harmless the
Lessor from and against any and all liability, loss, damage, expense, fine or
penalty, including but not limited to reasonable attorney's fees, caused by the
negligence of the Operator in connection with the operations on the property
being mined. The Operator shall further indemnify and hold harmless the Lessor
against any and all claims or actions based upon or arising out of damage, injury
or death to persons or property caused by the negligence of the Operator on the
property being mined, or based upon a violation by the Operator. This
indemnification and hold harmless includes any damage caused by the
negligence of the Operator to any structures or facilities located on the mining
site or adjacent to the mining site. Operator shall not be obligated to indemnify
and hold harmless the Lessor from and against any and all liability, loss,
damage, expense, fine, penalty or violation of any local, State or Federal statute,
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