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Landlord agrees to hold harmless, indemnify and defend Miner and its heirs, personal <br /> representatives, successors and assigns from and against all liabilities, penalties, costs, losses, <br /> damages,expenses,causes of action,claims,demands,or judgments,including,without limitation, <br /> reasonable attorneys' fees, for injury to or the death of any person, or physical damage to any <br /> property, arising out of or in connection with Landlord's use of the Property. <br /> 3. Controlling Law: The interpretation and performance of this Agreement shall be <br /> governed by the laws of the State of Colorado. Venue shall only be proper in the District Court of <br /> Pueblo County, Colorado. <br /> 4. Severability: If any provision of this Agreement,or the application thereof to any <br /> person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, <br /> or the application of such provision to persons or circumstances other than those as to which it is <br /> found to be invalid, as the case may be, shall not be affected thereby. <br /> 5. Entire Agreement: This instrument sets forth the entire agreement of the parties <br /> with respect to the Agreement and supersedes all prior discussions, negotiations, understandings, <br /> or agreements relating to the Agreement, all of which are merged herein. <br /> 6. Successors: The covenants, terms, conditions and restrictions of this Agreement <br /> shall be binding upon, and inure to the benefit of the parties hereto <br /> to and their <br /> respective personal <br /> p <br /> representatives, heirs, successors and assigns. <br /> 7. Counterparts:This Agreement may be executed in one or more counterparts,each <br /> of which when executed shall be deemed to be an original, and such counterparts shall together <br /> constitute one and the same instrument. <br /> 2 <br />