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federal law or under common law. The Lessor has no knowledge of any mining activities, nor <br />any environmental liabilities arising from activities conducted on this property. <br />(c) Promptly after any party receives notice of any claim, the commencement <br />of any suit, action or proceeding, or the imposition of any penalty or assessment by a third party <br />in respect of which indemnity may be sought hereunder (a "Third Party Claim") and such party <br />intends to seek indemnity hereunder, such party will give prompt written notice of such Third <br />Party Claim to the other party, but the failure of such party to give such notice promptly shall not <br />relieve the other party from its obligations under this Paragraph except to the extent, if any, that <br />such failure materially prejudices the ability of the indemnifying party to defend such Third Party <br />Claim. <br />(d) The indemnifying party will have the right to control the defense, <br />compromise, or settlement of the Third Party Claim with its own counsel (reasonably satisfactory <br />to the indemnified party) if the indemnifying party delivers written notice to the indemnified <br />party within seven days following the indemnifying party's receipt of notice of the Third Party <br />Claim from the indemnified Party acknowledging its obligation to indemnify the indemnified <br />party (which acknowledgment may include a reservation by the indemnifying party concerning <br />the obligation of the indemnifying party to indemnify the indemnified party for the Third Party <br />Claim, other than costs of defense); provided, however, that the indemnifying party will not enter <br />into any settlement of any Third Party Claim which would impose any obligation or other <br />liability on the part of the indemnified party if such liability or obligation (1) requires more than <br />the payment of a liquidated sum or (2) is not covered by the indemnification provided to the <br />indemnified party hereunder. In its defense, compromise, or settlement of any Third Party Claim, <br />the indemnifying party will timely provide the indemnified party with such information with <br />s:\Iegahwkd4mccpueblo\lease.doc t t <br />