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There is no implied covenant or obligation of the Company to explore, <br /> develop or mine the Property or to sell Materials. The Company may <br /> maintain this Agreement in effect for its term and any allowed <br /> extensions by making the payments set forth herein. <br /> The Company shall be responsible to reapply overburden and to <br /> properly slope and grade the used mining sites as provided in the <br /> application for mining permit as the mining progresses. <br /> 5. Ingress and Egress. <br /> The Company shall have the right of ingress and egress to and from the <br /> said property at all times during term of lease,and at all times <br /> subsequent to term of lease in order that Company can undertake and <br /> complete reclamation if required,without restrictions. <br /> 6. Liabilities. <br /> Company shall defend and indemnify and hold harmless the Lessor <br /> and Lessor's agents and employees from and against any and all <br /> claims, demands,judgments and liability, including reasonable <br /> attorney fees and expert,fees,by or to any and all third parties that may <br /> arise as a result of the negligent acts or omissions of Company or its <br /> agents,representatives,officers,employees, lessees and contractors, in <br /> or about the Property. The Company shall defend, indemnify,and hold <br /> harmless Lessor from any and all liability resulting from the Company <br /> operations hereunder pursuant to all local, state and federal <br /> environmental laws, ordinances, rules and regulations, including but <br /> not limited to, the Comprehensive Environmental Response, <br /> Compensation and Liability Act of 1980(42 U.S.C. § 9601 et seq.) <br /> and the Resource Conservation and Recovery Act(42 U.S.C. § 6901 et <br /> seq.), as any of such laws,ordinances,rules and regulations have been <br /> or are amended from time to time. <br /> The foregoing indemnifications shall all survive the termination of this <br /> Lease. The indemnity provisions set forth in this Lease shall apply to <br /> amounts paid in settlement of a claim by an indemnified party only if <br /> such settlement is approved by the indemnifying party,which approval <br /> shall not be unreasonably withheld and shall include any and all legal <br /> fees,costs and expert witness fees incurred by the party being <br /> indemnified. <br /> 7. Insurance. <br /> n 5 <br /> Lessor Initials <br /> Lessee Initials <br />