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<br />plans, operations, reclamation, permits and other plans of operations shall be in the Company's sole
<br />discretion and control. The Company shall not conduct operations within 50 feet of any existing
<br />buildings on the Property without the prior consent of Lessors.
<br />D. Lessors authorize the Company on Lessors' behalf and agree to cooperate
<br />with the Company to apply for and obtain zoning or other governmental land use classifications,
<br />permits, approvals, licenses, and rights (hereinafter "authority") that aze reasonably required in
<br />connection with the operations that aze contemplated under this Lease; provided, however, the
<br />Company shall provide bonds or other financial assurance for its operations, including for the
<br />restoration, reclamation or rehabilitation of the Property, as may be required or advisable to obtain
<br />such permits and approvals.
<br />E. Within six months of executing the lease, the Company shall, as part of its
<br />obligations under this Lease, pave Lessors' driveway at 6315 Chipper Lane, Loveland, Co with
<br />asphalt, at the Company's expense.
<br />F. Lessee agrees that no asphalt, concrete, aggregate, or other processing plants
<br />shall be placed or operated on the leased premises at any time during the term of this eaase.
<br />G. Once mining is complete, Lessee agrees to replace ~ linear feet of the
<br />existing 6' high fence to re-establish the deer corral if necessary.
<br />8. Waiver of Lateral Support. Lessors hereby waive the lateral support for mining
<br />purposes for the lands located between the Property's boundary lines and the boundary lines for
<br />those adjacent properties that are owned or leased by the Company.
<br />9. Liabilities.
<br />A. The Company shall defend, indemnify and hold harmless Lessors from and
<br />against any and all claims, demands, judgments, and liability, including reasonable attomeys fees
<br />and expert fees, by or to any and all third parties resulting from the negligent acts or omissions of
<br />the Company or its agents, representatives, officers, employees, lessees and contractors in, on or
<br />about the Property.
<br />B. Lessors shall defend and indemnify and hold harmless the Company and the
<br />Company's agents and employees from and against any and all claims, demands, judgments and
<br />liability, including reasonable attorneys fees and expert fees, by or to any and all third parties in any
<br />way related or connected to the use or operations of Lessors, Lessors' agents, employees, licensees
<br />or invitees on the Property while this Lease is in effect.
<br />C. The Company shall defend, indemnify, and hold harmless Lessors from any
<br />and all liability resulting from its operations hereunder pursuant to all local, state and federal
<br />environmental laws, ordinances, rules and regulations, including but not limited to, the
<br />Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. '
<br />RECEIVED
<br />4
<br />MAR 3 0 2000
<br />- . . _ -+ ~+~, erati' & Geology
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