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04 <br /> INDEMIFICATION AGREEMENT <br /> THIS AGREEMENT is made and entered into this day of February, 1997 <br /> by and between Western Slope Flagstone, a sole p oprietorship, hereinafter <br /> referred to as "Western Slope" and Public Service Company of Colorado, <br /> hereinafter referred to as "Public Service". <br /> WHEREAS, Public Service currently owns and operates an electrical <br /> transmission line, including above and below-ground supporting structures lying <br /> in the SW 1/4 SW 1/4 of Section 35, Township 10 South, Range 98 West, of the 6th <br /> P.M. , Mesa, County, Colorado. <br /> D-1 <br /> H+R4*'a, Western slope is in the process of obtaining a mining permit from .� <br /> the Colorado Division of Minerals and Geology for the purpose of mining and n <br /> removing rock and related activities within 200 feet of the electrical structures = <br /> owned by Public Service. Such mining activity is known and referred to as <br /> Western Slope Flagstone Quarry No. 2 - Reference File No. M-96-076. 0 <br /> WHEREAS, the Colorado Division of Minerals and Geology has conditioned such O <br /> mining permit on Western Slope indemnifying and holding Public Service harmless n <br /> for any damages that may occur to its electrical facilities within said 200 feet. . <br /> Western Slope agrees to provide compensation to Public Service for the repair of N <br /> any damage to said electric facilities as a result of conducting such rock mining r <br /> activities authorized by said mining permit. W <br /> N <br /> NOW THEREFORE, except to the extent caused by the negligence of Public <br /> Service, its agents, employees or assigns, Western Slope shall defend, indemnify <br /> and hold harmless Public Service, its agents, employees or assigns for any loss, <br /> cost or damage to said electrical facilities, including, without limitation, <br /> reasonable attorneys' fees and court costs, arising from or related to the <br /> exercise of the rights granted under such mining permit. Western Slope shall <br /> conduct its activities in a safe and prudent manner and shall comply with <br /> applicable rules and regulations promulgated by federal, state and county <br /> agencies, including, but not limited to reclamation obligations relating its <br /> mining operations. <br /> All of the covenants and agreements set forth in this Indemnification <br /> Agreement are intended to be and shall be construed as covenants (and not <br /> conditions) running with the land, binding upon, inuring to the benefit of and <br /> enforceable by Public Service, and Public Service's successors and assigns. <br /> IN WITNESS WHEREOF, Western Slope has caused this Agreement to be executed <br /> and it shall become effective as of the day and year first above written. <br /> Y;ee~ Western Slope Flagstone, <br /> a sole proprietorship <br /> FEB 10 1997 CE By. <br /> Dumng0 Field 00108 INDIVIDUAL ACKNOWLEDGMENT <br /> tMhlon of M Mor ds 6 Geology <br /> STATE OF COLORADO) <br /> )as. <br /> COUNTY OF MESA ) <br /> regoing instrument was acknowledged before me this day of <br /> 1997 by Rudy Fontanari, sole proprietor of Western Slope <br /> Fl pe:''�., <br /> f .1�j <br /> N&W)es riy nd and official seal. <br /> DDAAVVII�� t <br /> - <br /> 1 �O <br /> Notary ublic� <br /> E OF COLD My commission expires: <br />