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<br />INDEMNIFICATION AGREEMENT
<br />THIS AGREEMENT is made and entered into this.,~Or~ day of August, 2001 by and
<br />between Gary Rinderle Construction, Inc., a Colorado Corporation, hereinafter referred to as
<br />"Rinderle' and Public Service Company of Colorado, hereinafter referred to as "Public Service".
<br />WHEREAS, Public Service currently owns and operates an eledriral transmission line,
<br />including above and below~yround supporting structures lying in the SW 1/4 SW 1/4 of Section
<br />17, Township 1 South, Range 2 East, of the Ute Meridian, Mesa, County, Colorado.
<br />WHEREAS, Rinderle is in the process of obtaining a mining permit from the Colorado
<br />Division of Minerals and Geology for the purpose of mining, processing and removing sand and
<br />gravel (construction and landscape materials) within 200 feet of the electrical structures owned
<br />by Public Service. Such mining activity is known and referred to as UPLAND GRAVEL.
<br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining
<br />permit on Rinderle, indemnifying and holding Public Service harmless for any damages that may
<br />occur to its electrical facilities within said 200 feet, as a result of Rinderie conducting such mining
<br />activities authorized by said mining permit.
<br />NOW THEREFORE, except to the extent caused by the negligence of Public Service, its
<br />agents, employees orassigns, Rinderie shall defend, indemnify and hold hartnfess Public Service,
<br />its agents, employees or assigns for any loss, cost or damage to said electrical facilities, including,
<br />without limitation, reasonable attorneys' fees and court costs, arising from or related to the
<br />exercise of the rights granted under such mining permit. Rinderle shall conduct its activities in a
<br />safe and prudent manner and shall comply with applicable rules and regulations promulgated by
<br />federal, state and county agencies, including, but not limited to reclamation obligations relating
<br />its mining operations.
<br />All of the covenants and agreements set forth in this Indemnification Agreement are
<br />intended to be and shall be construed as covenants (and not conditions) running with the land,
<br />binding upon, inuring to the benefit of and enforceable by Public Service, and Public Service's
<br />successors and assigns.
<br />IN WITNESS WHEREOF, Rinderle has caused this Agreement to be executed and it shalt
<br />become effective as of the day and year first above written.
<br />Gary Rinderie Construction, Inc.,
<br />a Colorado Corpora ' n
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<br />Gary Rinderle, President
<br />INDIVIDUAL ACKNOWLEDGMENT
<br />STATE OF COLORADO )
<br />~•
<br />COUNTY OF MESA )
<br />The foregoing instrument was acknowledged before me this ~~ day of
<br />- G , 2001 by Gary Rinderte, President of Gary Rinderle Construction, Inc.
<br />,~PPY PU s my hand and official seal. _ ,
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<br />~. r •` ^ ~ tary Public
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<br />~ GF ~ ~'~`' My commission expires: ~e~~r ~~~ ~~~
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<br />Reviewed and Accepted by:
<br />Public Service Company of Colorado Date
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