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<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 - <br />