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ordinance or regulation, or damage to any structures or facilities located on the <br /> mining site or adjacent to the mining site, which occurred as a result of the <br /> negligence of the Lessor. <br /> 7. INSURANCE. The Operator hereby agrees to maintain, at its expense, <br /> appropriate and proper worker's compensation insurance to fully protect the <br /> Lessor from any and all claims for injury or death arising out of the performance <br /> of this contract, and unemployment insurance as required by State or Federal <br /> law. Further, the Operator hereby agrees to provide liability insurance coverage <br /> at its expense, at all times during the term of this agreement, which policies of <br /> insurance insure both the Lessor and Operator against liability for injury or death <br /> to persons, loss or damage to property to be mined (to the extent that said <br /> coverage is available under the Operator's liability insurance policy). The liability <br /> coverage under such insurance policy shall be not less than $500,000.00 for <br /> each occurrence for Employer's Liability Insurance, $1,000,000.00 combined <br /> single limit for Automobile Liability Insurance, and $5,000,000.00 combined <br /> single limit for Comprehensive General Liability. The Lessor shall be named as <br /> an additional insured under said policies, and shall provide that the Lessor shall <br /> be notified and informed in the event the policy is canceled or premium payment <br /> is not made. Operator further agrees to provide proof of said insurance upon <br /> request by the Lessor. <br /> 8. WAIVER OF BREACH. The waiver by the Lessor of a breach of any provision of <br /> this agreement by the Operator shall not operate or be construed as a waiver of <br /> any subsequent breach of the Operator. <br /> 9. CHOICE OF LAW. This agreement and its provisions shall be interpreted and <br /> enforced under the laws of the State of Colorado. <br /> 10. SEVERABILITY. All agreements and covenants contained herein are severable, <br /> and in the event any of them shall be held to be invalid by any competent Court, <br /> this agreement shall be interpreted as if such invalid agreements or covenants <br /> were not contained herein <br /> 11. ENTIRE AGREEMENT. This instrument contains the entire agreement of the <br /> parties. It may not be changed orally but only by an agreement in writing signed <br /> by the parties hereto. <br /> 12. ATTORNEY'S FEES. In the event either party is required to seek counsel or <br /> seek redress in a Court of law for enforcement of this contract, the prevailing <br /> party in such dispute shall be entitled to reimbursement of reasonable attorney's <br /> fees and costs, in addition to any damages found to be due. <br /> IN WITNESS WHEREOF, the parties have executed this agreement the day and year <br /> first above written. <br /> 3 <br />