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2019-09-20_GENERAL DOCUMENTS - M2008018
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2019-09-20_GENERAL DOCUMENTS - M2008018
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Last modified
12/27/2024 1:09:06 PM
Creation date
9/20/2019 2:16:13 PM
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DRMS Permit Index
Permit No
M2008018
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
9/20/2019
Doc Name
Correspondence
From
Livingston & Mumby, LLC
To
DRMS
Email Name
ACY
Media Type
D
Archive
No
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Property for evaporative losses from groundwater exposed in mined out areas on the Property. The <br /> Company shall be responsible for providing any additional water rights required The Company will <br /> be allowed the ability to rninimi e the total amount of exposed water in lakes created by mining by <br /> being allowed to import inert materials onto the property. Any imported material shall be of a type <br /> and quality equal or better than the material removed during mining operations and shall be placed <br /> and compactedin a manner to create a finished surface and subsurface condition substantially similar <br /> to the condition which existed prior to mining. <br /> S. Waiver of Lateral Support. Lessor hereby waives the lateral support for mining <br /> purposes for the portions of the Property abutting boundary lines between the Property and adjacent <br /> properties that are or hereafter maybe owned or leased by the Company. <br /> 6. Liabilities. . <br /> a. Company shall defend and indemnify and hold harmless the Lessor and <br /> Lessor's agents and employees from and against any and all claims, demands,judgments and <br /> liability,including reasonable attorney fees and expert fees,by or to any and all thirdpa des that may <br /> arise as a result o£the negligent acts or omissions of Company or its agents,representatives,officers, <br /> employees,lessees and contractors in,on or about the Property. <br /> b. Lessor shall defend and indemnify and hold harmless the Company and the <br /> Company's agents and employees from and against any and all claims, demands,judgments and <br /> liability,including reasonable attorneys fees and expert fees,by or to any and all third parties in any <br /> way related or connected to the use or operations of Lessor oa the Property while this Lease is in <br /> effect,or the present of Lessor or Lessor's tenants,agents,employees,licensees or invitees on the <br /> Property. <br /> C. The Company shall defend, indemnify,and hold harmless Lessor from any <br /> and all liability resulting from its operations hereunder pursuant to all local, state and federal <br /> environmental laws, ordinances, rules and regulations, including but not limited to, the <br /> Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. <br /> §9601 et seq.)and the Resource Conservation and Recovery Act(42 U.S.C.§6901 et seq.),as any <br /> of such laws,ordinances,rules and regulations have been or are amended from time to time. <br /> d. The foregoing indemnifications shall all survive the termination of this Lease. <br /> The indemnity provisions set forth in this Lease shall apply to amounts paid in settlement of a claim <br /> by an indemnified parry only if such settlement is approved by the indemnifying party, which <br /> approval shall not be=easonablywithheld and shall include any and all legal fees,costs and expert <br /> witness fees incurred by Lessor. <br /> e. The company shall provide Lessor with evidence of Company's financial <br /> ability to provide the indemnification set forth above. <br /> C:\nTTrYVIV\5=c&vgy tc=cd ,sD-cnivd.wpa Page 3 <br />
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