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approvals for activities listed in paragraphs 4, 7, and 8 of the Lease. In additicn, <br />_Purchaser shall make available to Coulson 20 shares of Hill and Brush Ditch <br />'"' Company stock for water augzttentation ~urooses. Purchaser makes no <br />-J~-- representation regazding the right to use such shares for the purpose of <br />augmentation. Purchaser shall have the right to enforce any of the terms of the <br />Lease, other than the right to payment of royalties, against Coulson. <br />9. Challenger shall indemnify and hold harmless Purchaser from all manner of suit, <br />actions, damages, charges and expenses, including attorney and counsel fees and <br />expenses, that Purchaser may sustain by reason of Challenger's failure to perform <br />its obligations under the Lease or breach of any representation contained herein. <br />Purchaser shall indemnify and hold harmless Challenger from all manner of suit, <br />actions, damages, charges and expense, including attorney and counsel fees and <br />expenses, that Challenger may sustain by zeason of Purchaser's failure to perform <br />its obligations under the Lease. <br />10. The parties agree to the following amendments to The Lease: <br />The mining phases descn~bed in paragraph 2 of the Lease are hereby <br />amended to conform to the Amended Reclamation Plan, attached hereto as <br />Exhibit C; <br />Coulson agrees to name Purchaser as an additional insured on the <br />insurance policies required under paragraph I I of the Lease and' to deliver written <br />evidence to Purchaser ofcompIiance with this provision on or prior to the closing <br />of the purchase of the Property by Purchaser; <br />Coulson aclmowledges that Purchaser may change the land use and zoning <br />requirements of the Property; provided such change does not restrict Coulson's <br />activities under the Lease, except that such change may limit or restrict the ability <br />of Coulson to obtain approve[ For either asphalt or concrete batch plant operations <br />on the Property. <br />11. Coulson has not subleased all or any part of the Property or assigned any interest in <br />the Property. <br />12. Coulson has procured a[I permits, licenses, authorizations, orders and approvals, <br />and has made all filings, applications and registrations with federal, state or local <br />governmental or regulatory bodies (collectively the "Permits") that are required in <br />order to conduct the mining and reclamation operations now or heretofore in <br />existence on the Property, Coulson agrees to maintain these Permits in good <br />standing and without default for the remaining term of the Lease. The Pemtits are <br />itt full force and effect and there are no material violations of the Permits and no <br />suspension or cancellation ofthe Permits are threatened or pending. <br />13. Coulson has previously submitted the amended reclataton plan for the Property, <br />attached as Exhibit B, to the Colorado Department of Natural Resources, Mined <br />{W067]rbf RLM} <br />.,.,_._.._~_._....-,....,...r~.r--,_r--f- ._~-. - <br />05/13/99 10:02 TX/RX iv0.8518 P. 009 <br />