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5. Buyer is solely responsible for any and all safety practices and procedures for all work <br /> perforncd or sub-contracted under this Agreement and will submit its Safety Plan for this <br /> project and onsite supervision of Safety to Seller . <br /> 6. Kraemer's Rights. Kraemer shall have the right to use so much of the surface and <br /> subsurface of the Property as may be reasonably necessary to carry out the purposes of <br /> this Agreement so long as such use does not violate any permits, regulations or laws of <br /> any federal, state or local agencies. Subject to Attachment B <br /> 7. Removal of Kraemer's Property. Kraemer shall remove all of its tools, equipment or other <br /> property from the Property at the termination of this Agreement. <br /> 8. Records and Reports. Kraemer shall keep accurate records of its operations conducted or <br /> related to its business on the Property showing the dates and the amount of Materials <br /> removed from the Property. <br /> 9. Place and Manner of Payment. All sums payable to the Seller shall be made as described <br /> above in Paragraph #3 and shall be mailed to the Seller at the address first stated in this <br /> Agreement. <br /> 10. Rights of Seller. Seller shall have the right at all reasonable times and at Seller's own <br /> risk and expense, to enter into and upon the Property for the purpose of examining and <br /> inspecting the same. However, heavy equipment and trucks in use by Kraemer_shall <br /> always have the right of way. <br /> 11. Seller's Obligation. The Seller shall make at a minimum weekly inspections of the site <br /> while active. They shall investigate and monitor grading operations and notify Kraemer <br /> of this agreement if grading operations are not observed to be in accordance with the <br /> proposed grading plan. <br /> Seller shall remove, preserve, protect or relocate all property, livestock and features located <br /> within the Property in advance of Kraemer's Operations. <br /> Prior to grading, the Scller and Buyer must agree to a proposed grading plan and that plan <br /> shall become part ofthis written agreement. Failure to agree to a final grading plan will <br /> terminate this agreement. <br /> The Seller agrees to conform to the conditions of any and all applicable permits. <br /> 12. Access. Seller represents and warrants to Kraemer that it has the right of access, ingress to <br /> and egress from the Property without fee or toll. <br /> 13. Buyer acknowledges that other parties are using the same general location for material <br /> extraction and agrees to work harmoniously with such other parties. <br /> 14. Federal, State and Local Law. Kraemer agrees to comply with all applicable federal, state <br /> and local statutes, regulations and ordinances, including but not limited to applicable <br /> statutes, regulations and standards relating to extracting of the Materials; air,water and <br /> land pollution: disposal of liquid, solid and/or hazardous waste; and workers and <br /> unemployment compensation. <br /> 15. Indemnification. Kraemer shall indemnify and hold harmless Seller and its heirs, <br /> successors, and assigns, from claims, actions, or causes of action arising out of or relating <br /> to damage, or injury, including death of any person, or damage to property of any kind <br />