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Agreement and permits to be issued under this Agreement. <br /> 5. ASSUMPTION OF RISK, INDEMNIFICATION AND RELEASE OF LIABILITY. As a material <br /> consideration for the privilege of using SUNR1SF;'s premises, Licensee hereby assumes all risk and <br /> responsibility for any injuries or damages sustained by any person,persons, or property resulting from, <br /> arising out of,or in any way connected with,the occupation or use of the premises by Licensee,or the <br /> failure on the part of the Licensee to perform all and singular Licensee's promises herein. Licensee does <br /> hereby waive and release and agree to indemnify and to hold harmless SUNRISE, its agents and <br /> employees from any and all claims for such injuries and damages and any expenses connected therewith. <br /> SUNRISE shall not be liable to Licensee if for any reason whatever Licensee's use of the premises <br /> hereunder shall be hindered or disturbed. <br /> 6. DAMAGE TO SUNRISE PROPERTY. Licensee agrees to pay for damage to growing crops,pasturage, <br /> timber, fences, drain tile, buildings, or any other property of SUNRISE damaged as a result of <br /> Licensee's exercise of the privileges granted under this Agreement. <br /> 7. NUISANCE. Licensee shall not perform any disorderly conduct or commit any nuisance on the <br /> premises or to use the premises in any way so as to interfere with the exercise by other licensees or <br /> permittees of privileges which SUNRISE may give them in the premises. <br /> 8. COMPLIANCE WITH APPLICABLE LAWS. Licensee shall comply with all applicable laws, rules, <br /> regulations, orders and ordinances of federal, state,and local government offices and authorities and <br /> Licensee shall indemnify and hold harmless SUNRISE, its directors, officers, and employees from all <br /> penalties, tines and other charges resulting from violations or alleged violations by Licensee, of such <br /> laws,rules, regulations,orders and ordinances, including but not limited to the Federal Coal Mine <br /> I Iealth and Safety Act of 1969,as amended. <br /> 9. PRIVILEGE NOT ASSIGNABLE. Licensee's privileges hereunder shall not be assignable by Licensee <br /> in whole or in part. <br /> 10. TERMINATION. Unless terminated earlier as provided in this paragraph,the permission granted by this <br /> Agreement shall terminate on the date specified in paragraph 3 of this Agreement. SUNRISE reserves <br /> the right to terminate the permission hereby given at any time by giving Licensee at least one (1)day's <br /> written notice of such termination,except that SUNRISE may, at its election,terminate the permission <br /> forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions <br /> hereof or keep all and singular Licensee's promises herein. Waiver by SUNRISE of any breach of any <br /> term or provision hereof shall not he deemed a waiver of any subsequent breach of the same or any other <br /> term or provision hereof <br /> 11. LICENSE ONLY. Licensee agrees that it does not and shall not claim at any time any interest or estate <br /> of any kind or extent whatsoever in the premises, by virtue of this license or its occupancy or use <br />