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attorneys' fees, accounting fees, and investigation costs (collectively "liabilities") resulting or <br />arising from, relating to or incurred in connection with: (I) any failure of Lessee to pay, perform, <br />and discharge any obligation of Lessee under this Lease, any environmental liabilities arising <br />from operations or activities (of Lessee or third parties) during the term hereof, ongoing and final <br />reclamation obligations, and water augmentation requirements (the Lessor has no knowledge of <br />any mining activities that have been conducted on the Property), (2) any breach of any <br />representation or warranty of Lessee contained herein or in any other document delivered to <br />Lessor in connection herewith, (3} any breach of any covenant of Lessee contained herein or in <br />any other document delivered to Lessor in connection herewith, and (4) injury to or death of <br />persons or for damage to property resulting from the Lessee's negligence. Nothing contained in <br />this Lease will exculpate Lessee from any liability to Lessor or to any other person or entity that <br />it has or may have under state or federal law or under common law. <br />(b) Indemnification by Lessor. Lessor will indemnify, defend, and hold <br />Lessee, its affiliates, and [heir respective directors, officers, representatives, employees, and <br />agents harmless from and against and all liabilities resulting or arising from, relating to, or <br />incurred in connection with: (1) any failure of Lessor to pay, perform or discharge any of <br />Lessor's obligations under the Lease, (2) any breach of any representation or warranty of Lessor <br />contained herein or in any other document delivered by Lessor in connection herewith, (3) any <br />breach of any covenant of Lessor contained herein or in any other document delivered by Lessor <br />in connection herewith, and (4) injury to or death of persons or for damage to property resulting <br />from Lessor's negligence. Nothing contained in this Lease will exculpate Lessor from any <br />liability to Lessee or to any other person or entity that it has or may have under any state or <br />s:Vegal\wkd4rt,ccpuebloUease.doc 10 ~~ r <br />