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8. Inspection by Lessor. Lessor shall have the right at all reasonable times upon
<br /> reasonable prior notice to inspect Lessee's operations on the land and to inspect records with
<br /> respect to the quantities of Material removed from the Premises.
<br /> 9. Removal After Termination. All of the improvements, fixtures, equipment,
<br /> personally and inventory placed on the Property by Lessee shall remain the exclusive property of
<br /> Lessee and it shall remove the same from the Property within thirty (30) days following the date
<br /> of termination hereof,which obligation shall survive such termination.
<br /> 10. Indemnity By Lessee. Lessee, itself and on behalf of its employees, agents,
<br /> contractors, officers, directors, or invitees ("Lessee Parties"), shall indemnify, defend, and hold
<br /> harmless Lessor or any direct or indirect equity holder, partner, officer, director, manager,
<br /> employee, agent, contractor, or representative of Lessor, together with any mortgage holder, or
<br /> any owner, partner, member, officer, director or shareholder of thereof (herein, collectively,
<br /> "Indemnified Parties") from and against all fines, suits, losses, costs, expenses (including
<br /> reasonable attorneys' fees and expenses), liabilities, claims, demands, actions and judgments of
<br /> every kind of character (a)to which any Indemnified Party is subject because of Lessor's estate
<br /> in the Premises, or(b) arising from(i)personal injury to or death of any person, or damage to or
<br /> loss of property, on the Property or on adjoining streets or ways, or connected with the use,
<br /> condition or occupancy of any thereof; (ii)Lessee's violation of this Lease; (iii)the occupancy or
<br /> use of the Premises by the Lessee or Lessee Parties; (iv)violation of mineral rights of any person
<br /> holding a mineral interest in the Property; (v) any crime, violation of law, ordinance, or
<br /> governmental regulation committed or allegedly committed by Lessee or Lessee Parties; and (vi)
<br /> any intentional or negligent act or omission of Lessee or Lessee Parties. THE INDEMNIFIED
<br /> PARTIES SHALL NOT BE LIABLE TO THE LESSEE OR LESSEE PAR ITLS FOR ANY
<br /> INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR THE DAMAGE TO OR
<br /> THEFT, DESTRUCTION, LOSS, OR LOSS OF USE OF ANY PROPERTY OR
<br /> INCONVENIENCE CAUSED BY CASUALTY, THEFT, FIRE, THIRD PARTIES, REPAIR,
<br /> FAILURE TO REPAIR, INTENTIONAL OR NEGLIGENT MISCONDUCT, CRIMINAL
<br /> ACTIVITY OR ANY OTHER CAUSE UNLESS SUCH CAUSE IS DUE TO LESSOR'S
<br /> WILFUL MISCONDUCT. THE FOREGOING INDEMNIFICATION OBLIGATION OF
<br /> LESSEE SHALL SPECIFICALLY INCLUDE THE OBLIGATION TO INDEMNIFY,
<br /> DEFEND AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST
<br /> ANY CLAIMS OR CAUSES OF ACTION BASED UPON THE NEGLIGENT MISCONDUCT
<br /> OF ANY OF THE INDEMNIFIED PARTIES IN FAILING TO TAKE ANY ACTION OR IN
<br /> REFRAINING FROM TAKING ANY ACTION CONTEMPLATED BY THIS LEASE. In
<br /> addition,Lessee for itself and on behalf of its employees, agents, contractors and invitees,waives
<br /> any and all claims or causes of action it or they may have against any of the Indemnified Persons
<br /> resulting from any act or omission of any of the Indemnified Parties or from the condition of the
<br /> Premises or from any personal injury or property damage suffered by Lessee or its employees,
<br /> agents, contractors, invitees or guests, as a result thereof. Notwithstanding anything to the
<br /> contrary in the foregoing, such indemnification and waiver shall not extend to any actions,
<br /> claims, demands, costs, damages, penalties or expenses as a result of any gross negligence or
<br /> willful misconduct of any of the Indemnified Parties.
<br /> Excavation Lease Agreement
<br /> Page 3
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