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RECEPTION#: 643987, 08/31/2006 at 03:03:40 PM, 3 OF 6 Doc Code:LEA, Kay <br />Weinland, Routt County, CO <br />6. Indemnification. <br />(a) P&M shall indemnify, defend, and hold harmless Owner from and against any injury, <br />loss, liability, claim, demand, cause of action and judgment of any kind, including court <br />costs and attorneys' fees, caused by or arising out of P&M's use or occupancy of the <br />Vegetation Area, the Road, the Road Extensions and the Vegetation Sites. <br />(b) Owner shall indemnify, defend, and hold harmless P&M from and against any injury, <br />loss, liability, claim, demand, penalty, cause of action and judgment of any kind, <br />including court costs and attorneys' fees, caused by or arising out of Owner's disturbance <br />of the Vegetation Area or the Vegetation Sites. <br />7. Notices. All notices and communications required or permitted hereunder shall be in writing <br />and shall be deemed to be given when delivered to the receiving party at the address shown <br />above. Either party may change its address for such notice at any time by giving written <br />notice thereof to the other party hereto. <br />8. Assignment. This Agreement may be assigned by P&M to any purchaser of essentially all of <br />the assets of P&M. <br />9. Choice of Law. This Agreement shall be interpreted and enforced in accordance with the <br />laws of the State of Colorado. <br />10. Attorneys' Fees. Should either party institute any action or proceeding to enforce or interpret <br />any provision of this Agreement or for damages by reason of an alleged breach of any <br />provision of this Agreement, the prevailing party shall be entitled to recover its costs, <br />expenses and reasonable attorneys' fees. Prevailing party as used in this paragraph means the <br />party obtaining a final, non -appealable judgment against the other party. <br />11. Binding. This Agreement creates an interest in the land and shall be binding upon the parties <br />hereto and their respective successors and assigns. <br />Page 3 of 6 <br />