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statements, or certificates evidencing such compliance therewith as the <br /> Licensor may request. <br /> 4. Indemnification. Licensee shall indemnify and hold Licensor harmless from and <br /> against any liability, damage, expense, actions, judgments, claims and demands <br /> whatsoever, including attorneys' fees and costs, in any way arising out of loss <br /> of or damage to the property of any person to the extent caused by or resulting <br /> from any act or omission of Licensee, its employees, contractors and <br /> subcontractors, occurring either on or off the Premises. <br /> 5. Encumbrances. Licensee shall keep the Premises free and clear of any and all <br /> liens and encumbrances arising or which might arise, for any reason, out of <br /> Licensee's occupancy and use of the Premises. <br /> 6. Breach and Re-entry. If Licensee commits a breach of any term of this <br /> Agreement and fails or refuses to commence in good faith to remedy the breach <br /> within twenty (20) days after Licensor provides written notice to Licensee <br /> specifying the breach, then Licensor may terminate this Agreement upon ten <br /> (10) days' written notice to Licensee. <br /> 7. Amendment. This Agreement may be amended only by a written amendment <br /> signed by both parties. <br /> 8. Surrender of the Premises. When this Agreement is terminated or the <br /> Agreement term ends, Licensee shall peaceably surrender the Premises to <br /> Licensor, free and clear of all liens and encumbrances made or allowed by <br /> Licensee, its employees, contractors or subcontractors, or in any way arising <br /> out of this License or Licensee's use of the Premises. At the end of this <br /> Agreement, Licensee agrees to remove all equipment and material placed upon <br /> the Premises by Licensee at its own cost, risk and expense within five (5) days <br /> following the date of termination. <br /> 9. Reclamation. Upon expiration or termination of this Agreement and removal of <br /> equipment and material, Licensee shall promptly restore the surface of the <br /> Premises, including, without limitation, all drill holes caused by Licensee, to as <br /> near its original condition and use as is reasonably practical. Licensee shall <br /> comply with all applicable governmental laws, rules and regulations governing <br /> reclamation of the Premises. The obligations of Licensee under this paragraph <br /> shall survive the termination or expiration of this Agreement. <br /> 10. Attorneys' Fees. This Agreement or licensee's rights and obligations hereunder <br /> shall not be assigned or otherwise transferred in whole or in part without <br /> Licensor's prior written consent, and any assignment or transfer in violation of <br /> this provision shall be deemed null and void. <br /> 11 . Notices. Any and all notices, requests, demands and other communications <br /> required or permitted to be given hereunder shall be in writing and shall be <br /> CEC-CCC.AGT -3- <br />