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acquiring, at `ts expense, the necessary permits, ii any, re7uired by the State or Colorado andior the United States of America. ?eabody agrees to reclaim all mining sites subject to this Agreement pursuant to the Reclamation Provisions, • if any, of the referenced permits. 5. Peabody agrees to provide ail necessary liaoility ana property insurance for Peabody's operations upon the described premises. Peabody hereby holds the County harmless from any and all claims, damages, or demands what- soever arising out of Peabody's operation on the described premises and hereoy agrees to indemnify the County if there should be any damages arising therefrom. 6. In the event of default of any of the parties, in any of the terms hereof, the non-defaulting party shall have all rights and remedies allowed by law. The non-defaulting party shall give the defaulting party written notice by certified mail and the defaulting shall have thirty (30) days to correct said default to avoid the remedy or remedies elected by the non-defaulting party. In addition thereto, such non-defaulting party shall be entitled to recover its reasonable attorney's fees incurred in the enforcement of its rights hereunder. This Agreement shall be subject to and enforced pursuant to the laws of the State of Colorado. 7. This Agreement or any interest herein shall not be assigned, sublet or transferred without the prior written consent of the parties. No amendment to this Agreement snall be valid unless in writing and executed by all parties hereto. The parties do not assume any duty, obligation or liability of any kind not expressly stated in this Agreement. •~ THIS AGREEMENT shall be binding upon the parties hereto, their suc- cessors, and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and.year first above written. ~~ ATTEST: Ruth E VHeath, 'Coup y Terk and Recorder COUNTY OF MONTROSE, STATE OF COLORADO BY ~~~'~C~,,,, Arthur Schmalz, irman Deputy Clerk ATTEST: BY Secretary PEA BODY COAL COMPANY BY -~/.~.. . r President, Western Division 2