APPCOR10875

• Permit No: X199421400
• IBM Index Class Name: Application Correspondence
• Doc Date: 4/10/1995
• Doc Name: SURFACE USE AGREEMENT
• From: Ina Jane Horton, In Trust
• Media Type: D
• Archive: No

d. To remove any and all buildings, equipment, materials, supplies and all other
improvements placed upon the Lands by Cyprus at its own cost, risk and expense within
ninety (90) days after the effective date of termination of this Agreement. Any and all
personal property belonging to Cyprus which remains on the Lands after the ninety (90)
day removal period has elapsed shall, at the option of Surface Owner, either become the
property of Surface Owner or may be removed by Surface Owner to an appropriate offsite
waste handling and storage facility. The costs associated with any such removal by
Surface Owner shall be paid for by Cyprus within thirty (30) days after receipt of Surface
Owner's invoice for same;
e. To perform all reclamation which may be required by federal and state law;
f. Provide Surface Owner with a Release of Surface Use Agreement in recordable form; and
g. In the event Surface Owner requests and Cyprus agrees that any and all roads, if any,
associated therewith which are constructed or placed upon the surface of the Lands by
Cyprus shall be left in place in an as is condition for Surface Owner's benefit and future
use, and in conjunction therewith both the Surface Owner and Cyprus hereby agree as
follows:
(i) Surface Owner, for themselves, and their heirs, successors, assigns, guests and
invitees will hold harmless and fully indemnify Cyprus against all claims or demands
of any kind or nature which may be made upon Cyprus or which may arise from use
of the road(s) constructed by Cyprus, and Surface Owner will defend and save Cyprus
hamiless and fully indemnify Cyprus as to liability or asserted liability, for, on
account of, injury to, or death of, any person or damage to any properly sustained
during use of the road(s) constructed by Cyprus. In addition, Surface Owner will
waive, hold harmless and fully indemnify Cyprus against any and all penalties or
chazges imposed upon Cyprus by federal, state or local authorities on account of
Surface Owners' failure to comply with all laws, Hiles, regulations or orders of such
authorities which apply to the road(s) constructed by Cyprus; and
(ii) Upon termination of this Agreement Cyprus shall have no obligation whatsoever to
maintain the road(s) and improvements, if any, associated therewith and which aze left
in place for Surface Owner's benefit and use. Surface Owner, for themselves, and
their heirs, successors and assigns agree(s) to accept the road(s) and all improvements,
if any, constructed by Cyprus in an as is condition "AS IS, WHERE IS, WITHALL
FAULTS, AND WITHOUT REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, OFANYKIND OR CHARACTER, INCLUDING, BUT
NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY,
HABITABILITY OR CONDITION OF THE PREMISES, FITNESS F'OR A
PARTICULAR PURPOSE OR USE, DESIGN OR OTHERWISE, WHETHER
EXPRESS OR IMPLIED BYLAW OR FACT." Surface Owner acknowledges that
Surface Owner's use of the road(s) and all improvements constructed by Cyprus shall
be at Surface Owner's sole cost and risk.
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