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promptly commence and diligently complete all necessary warranty repairs to minimize <br />the impact on Buyer's operations. <br />The consumable parts (wear items) are excluded from the twelve (12) month warranty. <br />Seller provides Buyer with a complete set as listed in Attachment F. <br />6.3 All warranty replacement or repair of parts shall be new and limited to Plant defects or <br />malfunctions (as generally defined by industry practices and standards) which are due to <br />defects in original or replacement materials. All of Seller's obligations under this <br />warranty shall cease in the event of abuse, accident, significant alteration or material <br />misuse of the Plant as reasonably established by generally accepted industry practices and <br />standards. Any parts repaired or replaced under this warranty shall be factory new and <br />unused and are warranted only for the remaining unexpired portion of the original <br />warranty period applicable to the repaired or replaced parts. <br />6.4 Seller, at its expense, shall keep a reasonable inventory of spare and wear parts for the <br />Plant at its Kentucky location. Seller shall provide Buyer with one set of spare wear <br />parts for the Plant listed in Attachment F hereto, included in the Purchase Price and at no <br />additional cost. Seller shall provide additional spare parts on consignment as shown in _ <br />Attachment G hereto, at Buyers mine located at 5550 W. Bear Canyon Road, Huntington, <br />Utah 84528 for Buyers use and which Buyer agrees to pay notify and pay Seller once <br />Buyer installs the part. <br />6.5 Seller guarantees that the Plant will comply with the United States Code of Federal <br />Regulations ("CFR"), including, but not limited to, titles 30 and 40 of the CFR. Seller <br />specifically guarantees that the Plant will meet the Federal emissions limitation set forth <br />in 40 CFR § 60, subpart Y. Compliance with this Iimit will be determined by a stack test <br />completed using Federally approved methods at the cost of Buyer. <br />6.6 Seller agrees that it will provide Buyer with those updated motors listed on Attachment <br />H hereto. <br />7. INDEMNIFICATION <br />7.1 Seller shall indemnify, defend, and hold Buyer, its subsidiaries, affiliates, successors, or <br />assigns and its respective directors, officers, and employees harmless from and against <br />any and all claims, injuries, suits, subpoenas, losses, damages, liabilities, judgments, <br />penalties, costs, and expenses (including reasonable attorney's fees), resulting or arising <br />from any defects in the Plant, Seller's negligence, or any breach or non-performance <br />under this Agreement, including without limitation any claims related to alleged <br />intellectual property rights infringements as well as claims of bodily injury and/or <br />property damage (including alleged damage to the environment) related to the intended <br />5 <br />