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INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT is made and entered into this ~ day of ~, 2006 by <br />and between Gary Rinderle Construction, Inc., a Colorado Corporation, hereina ter referred to as <br />"Rinderle" and Xcel Energy, hereinafter referred to as "Xcel". <br />WHEREAS, Xcel currently owns and operates natural gas pipelines along 35 Road, lying <br />in the SW 1/4 SW 1/4 of Section 17, Township 1 South, Range 2 East, of the Ute Meridian, Mesa, <br />County, Colorado. <br />WHEREAS, Rinderle is in the process of converting a Limited Impact (110) Reclamation <br />Permit to a Regular (112) Reclamation Permit from the Colorado Division of Minerals and Geology <br />far the purpose of mining, processing and removing sand and gravel (construction and landscape <br />materials) within 200 feet of the natural gas pipelines by Xcel. Such mining activity is known and <br />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 Xcel harmless for any damages that may occur to its <br />natural gas pipelines within said 200 feet, as a result of Rinderle conducting such mining activities <br />authorized by said mining permit. <br />NOW THEREFORE, except to the extent caused by the negligence of Xcel, its agents, <br />employees or assigns, Rinderle shall defend, indemnify and hold harmless Xcel, its agents, <br />employees or assigns for any loss, cost or damage to said electrical facilities, including, without <br />limitation, reasonable attorneys' fees and court costs, arising from or related to the exercise of the <br />rights granted under such mining permit. Rinderle shall conduct its activities in a safe and prudent <br />manner and shall comply with applicable rules and regulations promulgated by federal, state and <br />county agencies, including, but not limited to reclamation obligations relating 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 Xcel, and Xcel's successors and assigns. <br />IN WITNESS WHEREOF, Rinderle has caused this Agreement to be executed and it shall <br />become effective as of the day and year first above written. <br />Gary Rinderle Construction, Inc., <br />a Colorado Corp <br />~~~ <br />By. <br />ary Rinderle, President <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF COLORADO ) <br />)ss. <br />COUNTY OF MESA ) <br />The foregoing instrument was acknowledged before me this ~ (_r%~-G day of <br />Y ~ . , 2006 by Gary Rinderle, President of Gary Rinderle Construction, Inc. <br />W tness my hand and official seal. , <br />LEAH JOHNSON C~. ~~~. ~ ~~ -~?~G~i" <br />NOTARY PUBLIC Notary P lic <br />STATE OF COLORADO <br />My Ccxnmissbn Expires 11117/2009 <br />My commission expires: ~ ~ ~ ~' ~ ' ~r <br />I hereby waive formal notice requirements and have no objections to the 110 permit conversion to <br />112c. <br />Reviewed and Accepted by: <br />Xcel Energy Date <br />