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connection with the operations on the property being mined. The Lessee shall <br /> further indemnify and hold harmless the Lessor against any and all claims or actions <br /> based upon or arising out of damage, injury or death to persons or property caused <br /> by the negligence of the Lessee on the property being mined or based upon a <br /> violation by the 'Lessee. This indemnification and hold harmless includes any <br /> damage caused by the negligence of the Lessee to any structures or facilities located <br /> on the mining site or adjacent to the mining site. Lessee shall not be obligated to <br /> indemnify and hold harmless the Lessor from and against all liability, loss, damage, <br /> expense, fine, penalty or violation of any local, State or Federal statute, ordinance or <br /> regulation, or damage to any structures or facilities located on the mining site or <br /> adjacent to the mining site, which occurred as a result of the negligence of the <br /> Lessor. <br /> 8. INSURANCE. The Lessee hereby agrees to maintain, at its expense, appropriate and <br /> proper workers' compensation insurance to fully protect the Lessor from all claims <br /> for injury or death arising out of the performance of this contract, and <br /> unemployment insurance as required by State or Federal law. Further, the Lessee <br /> hereby agrees to provide liability insurance coverage at its expense, at all times <br /> during the term of this agreement, which policies of insurance insure both the Lessor <br /> and Lessee against liability for injury or death to persons, loss or damage to property <br /> to be mined (to the extent that said coverage is available under the Lessee's liability <br /> insurance policy). The liability coverage under such insurance policy shall be not less <br /> than $1,000,000.00 for each occurrence for Employer's liability insurance, and <br /> $2,000,000.00 combined single limit for comprehensive General Liability. Lessee <br /> further agrees to provide proof of said insurance up request by the Lessor. <br /> 9. WAIVER OF BREACH. The waiver by the Lessor of a breach of any provision of this <br /> agreement by the Lessee shall not operate or be construed as a waiver of any <br /> subsequent breach of the Lessee. <br /> 10. CHOICE OF LAW. This agreement and its provisions shall be interpreted and enforced <br /> under the laws of the State of Colorado. <br /> 11. SERVERABILTIY. All agreements and covenants contained herein are severable, and <br /> in the event any of them shall be held to be invalid by any competent Court, this <br /> agreement shall be interpreted as if such invalid agreements or covenants were not <br /> contained herein. <br /> 12. ASSIGNMENT. The Lessee and Lessor may assign their interests in this agreement to <br /> a third party with consent by both Lessee and Lessor. <br /> 13. ENTIRE AGREEMENT. This instrument contains the entire agreement of the parties. It <br /> may not be changed orally but only by an agreement in writing signed by the parties <br /> hereto. <br /> 14. ATTORNEY'S FEES. In the event either party is required to seek counsel or seek <br /> redress in a court of law for enforcement of this contract, the prevailing partvx such <br /> 1 i� <br />