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costs and expenses, including its reasonable attorneys' fees. Venue of any litigation under this
<br />Easement shall be in Garfield County, Colorado.
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<br />16. Grantee, its agents, designees, assignees and successors-in-interest shall, in
<br />connection with the use of this Easement, comply with all applicable federal, state and local
<br />laws, rules and regulations applicable to Grantee's use of the Easement, including, by way of
<br />example and not limitation, common law and all other laws designed to protect the environment
<br />and public health or welfare.
<br />17. Grantee may permit its agents or subcontractors the right to use the Easement for
<br />the purposes expressly described in this Agreement. Grantee may not grant any sub-easements
<br />in fire Easement place or allow to be placed any additional or other facilities on the Easement.
<br />18. Grantee shall not permit any mechanic, materiahnan, agricultural or other type of
<br />lien to be claimed against (whether perfected of unperfected) against the Servient Estate. Each
<br />party shall fully indemnify and hold the other harmless from and against any and all claims,
<br />demands, actions, and/or liability (together "Claims') asserted against such other party, which
<br />Claims may yr shall have arisen out of the other's use of the Easement, including without
<br />limitation Claims for personal and work-related injuries and liens; provided, however, that
<br />Grantor's obligation to indemnify Grantee shall be limited to the negligent acts or willful
<br />misconduct of Grantor's agents, employees, licensees or invitees. The party obligated to
<br />indemnify the other shall be responsible for the payment of any and all of the indemnified party's
<br />reasonable attorney's fees incurred in defense of any such Claims; provided, however that the
<br />indemnified party, at such party's discretion, may choose either to defend itself at the
<br />indemnifying party's expense or to require the indemnifying party to defend the indemnified
<br />party, at the indemnifying party's expense.
<br />19. Grantor warrants title to the Property against any person or entity claiming under
<br />Grantor; subject to any and al] existing easements, rights-of--way, liens, agreements, burdens,
<br />encumbrances, restrictions, and defects in title affecting the Property.
<br />20. Wherever provision is made in this Agreement for the giving, service, or delivery
<br />of any notice or other instrument, such notice shall be given by: (i) personal delivery, or (ii)
<br />United States first class mail, postage prepaid; provided, however, that each party may change
<br />that party's mailing address by giving to the other party written notice of change of such address
<br />in the manner provided in this Section 20. Mail shall be deemed to have been given, served and
<br />delivered upon the third delivery day following the date of the mailing; personal delivery shall be
<br />deemed to have been given, served and delivered upon receipt. For the purpose of this provision,
<br />the parties' addresses are as follows:
<br />CAM Mining, LLC f/lda #11 Enterprises, Ltd.
<br />Central Appalachia Mining, LLC Attn: William H. Van Pelt, N
<br />Attn: President 1218 Webster Street
<br />3120 Wall Street, Suite 310 Houston, TX 77002
<br />Lexington, KY 40513
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