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3762036 04/13/2011 01:01P Weld County, CO <br /> 23 of 75 R 381.00 D 0.00 Steve Moreno Clerk& Recorder <br /> expense by counsel reasonably satisfactory to Longmont. <br /> 45• Longmont Indemnification. To the extent permitted by law, and without <br /> waiving herein any defense of sovereign or governmental immunity or limitations on <br /> damages otherwise applicable, Longmont shall indemnify and hold harmless Aggregate <br /> from and against any and all claims arising from Longmont's use of the Combined <br /> Properties and the Distel Option Property, once that property is conveyed to Longmont, <br /> or from the conduct of its business or from any activity, work, or other things done, <br /> permitted, or suffered by Longmont in or about the Combined Properties and the Distel <br /> Option Property, and shall further indemnify and hold harmless Aggregate against and <br /> from any and all claims arising from any breach or default in the performance of any <br /> obligations on Longmont's part to be performed under the terms of this Second <br /> Amended Lease, or arising from any act or negligence of Longmont, its officers, agents, <br /> guests, employees, or invitees, and from all costs and reasonable attorneys fees and <br /> liabilities incurred in or about defense of any such claim or any action or proceeding <br /> brought thereon and in case any action or proceeding be brought against Aggregate by a <br /> third party or parties by reason of such claim, Longmont, upon notice from Aggregate, <br /> shall defend the same at Longmont's expense by counsel reasonably satisfactory to <br /> Aggregate. <br /> 46. Environmental Conditions. With respect to environmental conditions: <br /> a. Aggregate shall be liable for and shall indemnify and hold harmless <br /> Longmont of and from any and all claims, demands, actions, causes <br /> of action, liabilities, damages and expenses, Including court costs <br /> and reasonable attorney's fees which Longmont may suffer,incur or <br /> be put to pay as the result of the presence of any hazardous,toxic or <br /> otherwise illegal substances or materials placed on the Combined <br /> Properties by Aggregate. Aggregate shall be responsible for and pay <br /> all costs related to any clean-up of the Combined Properties <br /> necessitated by the presence of hazardous, toxic or otherwise illegal <br /> substances or materials placed on the Combined Properties by <br /> Aggregate. <br /> b. Longmont makes no representations as to the condition of the <br /> Combined Properties. Aggregate waives any and all claims, <br /> demands, actions, causes of action, liabilities, damages, and/or <br /> expenses relating to the condition of the Combined Properties as of <br /> the effective date of this Second Amended Lease with respect to <br /> such properties, including those relating to the presence of any <br /> hazardous, toxic or otherwise illegal substance or material on the <br /> Combined Properties, including without limitation the presence of <br /> any concrete rubble and/or similar other materials. <br /> C. To the extent permitted by law, and without waiving herein any <br /> defense of sovereign or governmental immunity or limitations on <br /> damages otherwise applicable, Longmont shall indemnify and hold <br /> Page 23 of 32 <br /> Aggregate Industries <br /> Final <br />