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Grantor shall have the right, at its risk, to use the Easement on the Property. Any <br />. use by Grantor shall not unreasonably interfere with Grantee's use of such roads or its <br />other rights hereunder, and Grantor shall indemnify and hold Grantee harmless from any <br />claim, demand or liability (including litigation expenses) arising from or related to the use <br />of the Easement by Grantor, or any employee, assignee, licensee, agent or lessee of <br />Grantor. <br />SECTION 5. LIABILITY. Except to the extent caused by the negligence or <br />willful act of Grantor, its agents, employees or assigns, or otherwise assumed by Grantor <br />hereunder, Grantee shall defend indemnify and hold harmless Grantor, its employees, <br />agents or assigns for any loss, cost, damage, cause of action, settlement, liability or <br />expense, including without limitation reasonable attorneys' fees and court costs, arising <br />from or related to the exercise by Grantee, its agents, employees, invitee, licensees and <br />contractors, of the rights granted hereunder. With respect to any indemnification <br />provided for hereunder, Grantee shall immediately respond and take over the expense, <br />defense and investigation of all such claims arising under this indemnity at Grantor's <br />request. <br />SECTION 6. COOPERATION. Grantor agrees to provide to and for Grantee <br />such consents and waivers which Grantor is capable of providing, and to refrain from <br />entering or to withdraw such objections or protests, as Grantee may reasonably request <br />with respect to any permit or other governmental approval or action relating to Grantee's <br />• use of the Easement and the proper and legal conduct of mine operations in the vicinity of <br />the Property. <br />SECTION 7. NO IMPLIED WAIVER. No assent, express or implied, by <br />Grantor to any breach of any one or more of the agreements hereof shall be deemed or <br />taken to be a waiver of any other breach. <br />SECTION 8. SPECIFIC PERFORMANCE AND OTHER REMEDIES. The <br />agreements and promises made in this Agreement are supported by good and valuable <br />consideration and affect unique interests in real estate. The parties agree that in some <br />instances, there is no adequate remedy at law for remedying some material breaches of <br />this Agreement. Therefore, if any party institutes any action or proceeding to enforce this <br />Agreement, any person against whom such action or proceeding is brought consents to <br />the imposition of specific performance or other equitable relief and waives any claim or <br />defense that there is an adequate remedy at law. The foregoing shall be in addition to and <br />not in lieu of any other remedies available at law or in equity, and all such remedies may <br />be pursued separately or simultaneously. <br />SECTION 9. DISCLAIMER OF WARRANTY. With the exception of the <br />warranties set forth in Pazagraph 1 above, Grantee has conducted it's own investigation <br />and inspection of the Easement and is familiaz with the physical condition of same and <br />. surrounding remain. and is fully informed as to the existing conditions and limitations. <br />3 <br />