|
person so doing through or under the Lessee or with its permission, express or implied. The
<br /> Lessee further waives any claim against the Lessor regarding the Lessor's approval or disapproval
<br /> of any plans or specifications whether or not defective.
<br /> b) The Lessee agrees to indemnify the Lessor and save it harmless against and from any and all
<br /> claims by or on behalf of any person(s), firm(s), corporation(s) arising from the conduct or
<br /> management of or from any work or thing done on or about the Leased Premises and to indemnify
<br /> and save the Lessor harmless against and from any and all claims arising during the Term hereof
<br /> from: (i) environmental issues, erosion, sedimentation, surface and sub-surface damage, (ii) any
<br /> claims for injury or death of any persons, or any damage, loss, or destruction of any property,
<br /> real or personal, under any theory of tort, contract, strict liability, or statutory liability, (iii) any
<br /> of those matters specified in this Article; (iv) any breach or default on the part of the Lessee
<br /> hereunder; and (v) any act or omission of the Lessee or any of its agents, contractors, servants,
<br /> assignees, employees, invitees or licensees, on or about the Leased Premises or other property
<br /> contiguous or appurtenant to the Leased Premises, including all costs, attorney's fees, expenses
<br /> and liabilities incurred in or about any such claim or any action or proceeding brought thereon;
<br /> and in case any action or proceeding be brought against the Lessor by reason of any such claim
<br /> upon notice from Lessor, the Lessee covenants to promptly effect the dismissal thereof or to
<br /> diligently resist and defend such action or proceeding by counsel satisfactory to the Lessor, at
<br /> the sole cost and expense of the Lessee.
<br /> 25. LIENS AND CLAIMS -- Lessee shall not suffer or permit to he enforced against the Leased Premises, or
<br /> any part thereof, or any improvements thereon, any liens arising from, or any claim for damage
<br /> growing out of the work of any construction, repair, restoration, replacement or improvement, or any
<br /> other claims or demand howsoever the same may arise, but Lessee shall pay or cause to be paid all of
<br /> said liens, claims, or demands before any action is brought to enforce the same against the Leased
<br /> Premises or improvements. Lessee agrees to defend, indemnify and hold Lessor and the Leased
<br /> Premises free and harmless from all liability for any and all such liens, claims, demands, and actions
<br /> together with reasonable attorney fees and all costs and expenses in connection therewith.
<br /> Lessee shall, upon execution of this lease, at its cost, prepare a Notice, pursuant to C.R.S. 1973,
<br /> § 38-22-105 and cause the same to be posted for the purpose of protecting Lessor against any liens or
<br /> encumbrances upon the Leased Premises by reason of work, tabor, services or materials contracted for
<br /> or supplied to Lessee.
<br /> 26. BOND -- Lessee shall execute a bond (or other sureties as may be approved by Lessor) at the time
<br /> this Lease is executed by the Parties in an amount fixed by Lessor. The bond shall guarantee
<br /> performance of this Lease by Lessee, which includes, but is not limited to, security for payment for
<br /> damages caused by Lessee's or Lessee's agent's operations on said lands. The bond shall consist of
<br /> cash, letter of credit, or other sureties as may be approved by the Lessor. However, if the bond is
<br /> other than cash, the bond must be in a form that will guarantee payment in cash to the Lessor upon
<br /> receipt by any bank or insurance company of written demand by the Lessor, without further
<br /> condition. The Lessor shall return the bond to the Lessee if and when Lessee has fully complied with
<br /> the terms of this Lease; however, Lessor may require such bond to be held in full force and effect
<br /> for one year after cessation of operations. The Lessee is aware and understands that certain
<br /> covenants and agreements relating to surface reclamation may require additional time beyond the
<br /> Term, and agrees to keep this bond in place until all agreements related to surface reclamation have
<br /> been satisfied by inspection and approved by the Lessor's staff or their designee. In the Lessor's
<br /> discretion, the Lessor may draw upon the bond after Lessee has failed to perform its obligations
<br /> SM 102453
<br /> Page 8 of 15
<br />
|