<br />Surface Owner accepts the compensation as provided for in this paragraph 7 as full and
<br />complete satisfaction for the use made of the Lands by Cyprus hereunder and damages, if any,
<br />occasioned thereby.
<br />8. Acc t~ ance. Cyprus accepts the Lands as suitable for Cyprus' uses and purposes set forth
<br />hereinabove.
<br />9. Gates. Cyprus agrees to keep all gates on the Lands open or closed as found. The parties
<br />mutually agree to keep all gates locked in such a manner so as to permit access by both
<br />Surface Owner and Cyprus at any time, either by a double lock system or otherwise. Cyprus
<br />agrees to limit access to the Lands, including the distribution of keys to any lock(s), to those
<br />employees, agents, licensees, contractors, subcontractors and invitees of Cyprus who aze
<br />engaged in Cyprus' operations on the Lands.
<br />10. Waste. Cyprus shalt not commit or knowingly allow another to commit any waste or
<br />nuisance upon the Lands. Cyprus shall not destroy, deface or damage any part of the
<br />improvements or knowingly permit any other person to do so.
<br />11. Taxes. Surface Owner shall be responsible for the payment of all real estate taxes assessed
<br />against the Lands; however, Cyprus shall be responsible for all ad valorem and/or personal
<br />property taxes which may be levied or assessed against any and all improvements placed
<br />upon the Lands by Cyprus.
<br />12. Encumbrances. Cyprus shall keep the Lands free and clear of any and all liens and
<br />encumbrances arising or which might arise, for any reason, out of Cyprus' use of the Lands.
<br />13, Indemnification. Cyprus will hold harmless and fully indemnify Surface Owner against all
<br />claims or demands of any kind or nature which may be made upon him or against his interest
<br />in the Lands for, or on account of, any debt or expense contracted or incurred by Cyprus in
<br />conducting its activities, as well as against any and all acts, transactions and omissions of
<br />Cyprus, its employees, agents, contractors, subcontractors, lessees, partners or co-ventwers,
<br />licensees and suppliers in conducting such activities, and Cyprus will defend and save Surface
<br />Owner harmless and fully indemnify Surface Owner as to liability or asserted liability, for, on
<br />account of, injury to, or death of, any person or damage to any property sustained during the
<br />term of this Agreement, alleged to have resulted from any such act or omission of Cyprus, its
<br />employees, agents, contractors, subcontractors, lessees, partners or co-venturers, licensees and
<br />suppliers, or any unsafe condition of the Lands created by Cyprus or Cyprus' operations. In
<br />addition, Cyprus will waive, hold harmless and fully indemnify Surface Owner against any
<br />and all penalties or charges imposed upon Surface Owner by federal, state or local authorities
<br />on account of Cyprus' failure to comply with all laws, Hiles, regulations or orders of such
<br />authorities.
<br />I4, Breach and Re-Entry. If Cyprus commits a material breach of any term of this Agreement
<br />and fails or refuses to commence in good faith to remedy the breach within thirty (30) days
<br />after Surface Owner sends written notice to Cyprus, then Surface Owner may, at Surface
<br />Owner's sole election, terminate this Agreement upon ten (10) days' written notice to Cyprus.
<br />eo:~n.oornig - 5 -
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