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I IIIIII IIIII IIIIII IIIIII IIIII Ilill IIIII III IIIIiII II IIII <br /> 3762036 04/1312011 01:01P Weld County, CO <br /> 22 of 75 R 381.00 0 0.00 Steve Moreno Clerk& Recorder <br /> not in default hereunder, (iii) defend the leasehold interest on the <br /> Bigelow Property and the Landfill Property granted by Longmont <br /> herein to Aggregate against any and all persons claiming an interest <br /> therein, subject to the permitted exceptions as set forth in the title <br /> commitment referenced herein in Section 26 for the Landfill <br /> Property. <br /> C. Longmont is not aware of any fact or circumstance which would <br /> prevent Aggregate from operating a sand and gravel pit mine on the <br /> Bigelow Property and Landfill Property. <br /> 41. Compliance With Laws. Aggregate's operation on the Combined <br /> Properties and the use thereof shall be in accordance with good and accepted mining <br /> practices and in compliance with all federal, state, county and local laws, statutes, <br /> ordinances, zoning regulations and permits. <br /> 42. Environmental Reports and Inspections. Longmont has provided <br /> Aggregate copies of any environmental reports or studies concerning the Landfill <br /> Property. Aggregate at its expense shall have the right to conduct any environmental <br /> studies of the Landfill Property deemed necessary and to have its representatives enter <br /> upon the Landfill Property for purposes of conducting inspections. Aggregate shall <br /> indemnify and hold harmless Longmont of and from any and all claims arising out of or <br /> in connection with its inspections conducted on the Landfill Property. <br /> 43• Approvals. Licenses and Permits to Run with Land. The rights, <br /> obligations, and benefits of all federal, state, and local approvals, licenses, and permits <br /> obtained in connection with this Second Amended Lease shall run with the land to the <br /> greatest extent possible and, if for any reason this Second Amended Lease terminates, <br /> and upon Longmont's request, Aggregate shall assign those approvals licenses and <br /> permits to Longmont or Longmont's designee, provided that Aggregate is released and, <br /> to the extent allowed by law, indemnified from any and all claims, demands, actions, <br /> causes of action, liabilities, expenses and damages accruing after the assignment and <br /> associated with such approvals,licenses and permits. <br /> 44• Aggregate Indemnification. Aggregate shall indemnify and hold harmless <br /> Longmont from and against any and all claims arising from Aggregate's use of the <br /> Combined Properties or from the conduct of its business or from any activity, work, or <br /> other things done, permitted, or suffered by Aggregate in or about the Combined <br /> Properties, and shall further indemnify and hold harmless Longmont against and from <br /> any and all claims arising from any breach or default in the performance of any <br /> obligations on Aggregate's part to be performed under the terms of this Second <br /> Amended Lease, or arising from any act or negligence of Aggregate, its officers, agents, <br /> guests, employees or invitees, including without limitation M.SJ-I.A. violations, and <br /> from all costs and reasonable attorneys fees and liabilities incurred in or about defense <br /> of any such claim or any action or proceeding brought thereon and in case any action or <br /> proceeding be brought against Longmont by a third party or parties by reason of such <br /> claim, Aggregate upon notice from Longmont shall defend the same at Aggregate's <br /> Page 22 of 32 <br /> Aggregate Industries <br /> Final <br />