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about the Property,pursuant to the provisions of this Agreement,of the existence and nature of such
<br /> electric current facilities and the danger and risk involved.
<br /> 5. Release and Indemnification.
<br /> (a) As used in this Agreement, the term "Claims" means (1) claims, demands,
<br /> liens,suits,actions,causes of action,proceedings,orders,decrees and judgments of any kind or nature
<br /> whatsoever by or in favor of anyone whomsoever including claims asserted against PSCo by a federal,
<br /> state or local government entity; (2) losses, liabilities, costs, damages and expenses, including
<br /> attorneys' fees, expert witness fees, consultant fees, and court and arbitration costs, at all levels,
<br /> whether or not litigation or arbitration is commenced;(3)fines and penalties;(4)environmental costs,
<br /> including, but not limited to, investigation, removal, remediation, and restoration costs, natural
<br /> resource damages,and consultant and other fees and expenses;(5)damages of any kind,including lost
<br /> profits and consequential damages;and(6)any and all other costs or expenses.
<br /> (b) As used in this Agreement,the term"Injury"means(1)death,personal injury,
<br /> or property,environmental,or natural resources damages,and any other losses,obligations or damages
<br /> incurred by PSCo for which PSCo would reasonably expect to have obligations under environmental
<br /> laws;(2)loss of profits or other economic injury;and(3)disease or actual or threatened health effect.
<br /> (c) MineWater shall protect,defend, indemnify,release, save and hold harmless
<br /> PSCo,its partners,directors,officers,agents,employees,successors,assigns,parents,subsidiaries,and
<br /> affiliates from and against any and all Claims and threatened Claims arising from,alleged to arise from,
<br /> resulting from or alleged to result from,in whole or in part,(1)this Agreement;(2)any act or omission
<br /> of MineWater, or any of MineWater's employees, agents, contractors, consultants or any of their
<br /> invitees;or(3)the presence of MineWater,or any of MineWater's employees,agents,contractors or
<br /> consultants,or any of their invitees,in upon,at or about the Property.
<br /> (d) MineWater's duty to protect, indemnify, hold harmless, release, and defend
<br /> hereunder shall apply to any and all Claims and threatened Claims, and Injury, including, but not
<br /> limited to:
<br /> (i) Claims asserted by any person or entity, including,but not limited to,
<br /> employees of MineWater or its contractors,subcontractors,or their employees,and federal, state,or
<br /> local government;
<br /> (ii) Claims arising from, or alleged to be arising in any way from, the
<br /> existence at or near the Property of(1)electric power generation,transmission,distribution,or related
<br /> facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission,
<br /> distribution,or related facilities;(4)asbestos or asbestos containing materials.
<br /> (iii) Claims arising from the presence, release, disturbance, and/or
<br /> exacerbation of any Hazardous Materials as defined below,regardless of origin,in,on,over,or around
<br /> the Mining Activity, or the off-site transportation and/or disposal of any Hazardous Materials. This
<br /> indemnification and release does not apply, however, to any Claims arising out of or related to
<br /> Hazardous Materials first generated,and brought onto and introduced to the Property,by PSCo;
<br /> (iv) Claims arising from,or alleged to be arising in any way from,the acts
<br /> or omissions of MineWater,its sublicensees,invitees,agents,or employees;and
<br /> (v) Claims occasioned by or related to an actual or alleged Injury.
<br /> (e) The term "Hazardous Materials" includes any substance, pollutant,
<br /> contaminant,chemical,material or waste that is regulated,listed,or identified under any federal,state
<br /> 2016
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