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<br />substance, toxic pollutant, or any substance whose release, disposal, generation, storage or emission
<br />is during the term hereof regulated by the United States government, the State of Colorado or any
<br />subdivision thereof where the Leased Premises are located.
<br />Lessee hereby agrees that it shall be fully liable for all costs and expenses related to the use
<br />or storage of Hazardous Material kept on the Leased Premises by Lessee and the disposal thereof
<br />by Lessee subject to notice from UPLRC to Lessee of a Claim given as soon as reasonably practical
<br />following UPLRC's notice and/or receipt thereof, and subject to Lessee's right at its sole discretion
<br />to handle, resolve and/or otherwise consider settlement of any such Claim, as to actions taken by
<br />Lessee on the Leased Premises during the term hereof.
<br />Lessee shall protect, defend, indemnify and hold harmless UPLRC its affiliates from and
<br />against any and all claims, demands, penalties, fines, liabilities, settlements, damages, costs or
<br />expenses (including, without limitation, attorneys' and consultants' fees; remedial, removal or
<br />response costs; court costs; costs incurzed in connection with injunctive relief sought on behalf of
<br />any governmental authority or private party; and litigation expenses of whatever kind or nature),
<br />known or unknown, contingent or otherwise arising out of or related to (a) the presence, disposal,
<br />release or threatened release (it being understood that this Lease prohibits disposal or unauthorized
<br />release) of any Hazardous Material kept on the Leased Premises by Lessee (individually and
<br />collectively "Claims") that is on, from or in the Leased Premises or the soil, water, vegetation,
<br />buildings, personal property, person or animals; (b) any personal injury (including wrongful death)
<br />or property damage (real or personal) arising out of or related to Hazardous Material of Lessee that
<br />is on, from or in the Leased Premises; (c) any lawsuit brought or threatened, settlement reached by
<br />Lessee, or government order relating to Hazardous Material of Lessee that is on, from or in the
<br />Leased Premises; or (d) any violation of any laws regulating Hazazdous Material as defined above.
<br />The provisions of this Section 18 shall be in addition to any other obligations and liabilities Lessee
<br />may have to UPLRC at law or in equity and shall survive the transactions contemplated herein and
<br />shall survive the termination of this Lease.
<br />Section 19. FORCE MAJEURE
<br />Neither party hereto shall be considered in default in the performance of its obligations
<br />hereunder, except the obligation to make payments hereunder, to the extent that the performance of
<br />any such obligation is prevented or delayed by labor disturbances, civil disorders, waz, acts of God,
<br />unavoidable accidents, inability to obtain fuel, rules and regulations of any federal, state, or other
<br />governmental agency under asserted authority, or by delays beyond the control of such party, other
<br />than financial. Periods of force majeure shall be deemed to begin at the time Lessee stops
<br />performance or operations hereunder by reason of force majeure, and Lessee shall notify UPLRC
<br />of the beginning and ending date of each such period. Nothing herein shall limit Lessee's obligation
<br />to pay an advance minimum royalty or production royalty for Clay, mined and used, as provided in
<br />this Lease.
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