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Fill Dirt removal operations or use of any haul roads associated therewith constructed upon the <br /> Easement Area Property. <br /> 6. Gates; No Signaae or Locks. Grantee shall have the right to install gates, fences, <br /> locks and other barriers upon the Easement Area Property as deemed reasonably necessary by <br /> Grantee or as otherwise required by applicable law. When using the Easement Area Property, <br /> Grantee and its employees, contractors, subcontractors and agents will leave any gates owned <br /> and installed by Grantor in the same open or closed condition as found. Grantee may not place <br /> signage within the Easement Area Property, except as and to the extent required by applicable <br /> law or as necessary to allow Grantee to safely conduct it transportation operations as <br /> contemplated herein. <br /> 7. Default. In the event of default of any of the terms and conditions contained <br /> herein, the non-breaching party shall give the breaching party written notice of the default. The <br /> defaulting party must cure the default within fifteen (15) days after receiving the default notice; <br /> provided, however, that if the nature of the default is such that it cannot be reasonably cured <br /> within such fifteen (15) day period, then the defaulting party shall not be in default provided that <br /> it commences such cure within the fifteen (15) day period and thereafter diligently and <br /> continuously prosecutes the same to completion. If the defaulting party has not cured by the end <br /> of the fifteenth(15) days, or such longer period as described above, then the non-defaulting party <br /> may seek appropriate legal and equitable relief with the District Court, County of El Paso, State <br /> of Colorado, which shall have exclusive jurisdiction over any such dispute. The parties agree <br /> that the Easement granted herein concerns unique real estate interests and that any breach under <br /> this Agreement shall cause immediate and irreparable harm to the nondefaulting party, and that <br /> there will be no plain, speedy or adequate remedy at law for such a breach. Therefore, the <br /> parties agree that a court will have equitable jurisdiction to grant injunctive relief in the event of <br /> a breach under this Agreement, and that rights of specific performance shall apply. <br /> 8. Notices. Any notice required to be given pursuant to this Easement agreement <br /> shall be deemed given upon the following: <br /> a. Delivery in person to any of the parties to this Easement agreement or their <br /> successors in interest at the address set forth in the first paragraph of this Agreement, or at such <br /> other address as shall be provided in writing. <br /> b. Three (3) days after placing such written notice in the U.S. mail, by certified mail, <br /> prepaid postage, addressed to the address of the parties as set forth in the first paragraph of this <br /> Agreement or at such other address as shall be provided in writing. <br /> 9. Mutual Indemnifications. Grantee agrees to protect, defend, indemnify and hold <br /> harmless Grantor and its officers, partners, members, agents, and employees (herein called the <br /> "Grantor Indemnified Parties"), from and against any and all claims, damages, liability, loss and <br /> \\CS-760837/000001-385320 v10 <br /> 6 <br />