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<br />D is also authorized by GEC, consistent with the terms aforementioned, <br />to dispose of excess overburden material in the Prospecting Pit and its <br />related diversion ditches which may be produced from the surroundings at <br />Section 24, Township 20 South, Range 70 West for the last four (4) feet of <br />backfilling and orading. The authorization to deposit waste material and <br />excess nontoxic overburden material ire said pit however, will not in any <br />way be'construed by GEC to mean that D has or will at any time during the <br />terms of this agreement have available for deposit in the Prospecting Pit <br />and its diversion ditches nontoxic overburden and/or any responsibility <br />whatsoever to deposit wasta material and/or nontoxic overburden in the <br />Prospecting Pit and its diversion ditches. <br />D in the exercise of its rights under this agreement, will exercise <br />its reasonable best effort not to materially interfere with the GEC <br />mining program. <br />D agrees that. it will not transport and deposit waste material or <br />nontoxic overburden in the Prospecting Pit and its diversion ditches that <br />is generated by any operation or anticipated operation of D other than <br />the ~`-a~~~~ Mine. <br />The term of this agreement shall extend fora period of <br />years from and after its commencemert date, and shall be subject to <br />renewal upon terms and conditions mutually acceptable to the parties. <br />It is understood by D and GEC that the effectiveness of this agree- <br />ment is subject to, contingent upon, and the term hereof shall commerce <br />upon the latest date of occurrence of both of the following: <br />Acknolaledgemert and approval of this agreement by the Colorado <br />Mined Land Reclamation Doard and that of any and all other applic- <br />able agencies and authorities; <br />And upon the issuance to D by the Colorado Mined Reclamation <br />Board of an amended permit for disposal of Colomine Mine waste <br />material. <br />Notwithstanding any provision to the contrary contained herein, D <br />shall have no obligation to exercise any or all of its rights hereunder <br />and shall have no liability, obligation or responsibility for any or <br />all damages, injuries (including death), demands, claims, actions or <br />causes of actions arising out of or in connection with any exercise of <br />said rights, except for those arising solely and directly out of its <br />gross negligence or wilful misconduct. GEC agrees to save, protect, <br />indemnify and hold harmless D from and against any and all damages, <br />injuries including deaths, demands, claims, acts from or causes of acts <br />~' -2- <br />