stockholders, partners, members, employees, agents, attorneys, successors and
<br />assigns, from and against any and all claims, liabilities, penalties, forfeitures, fines,
<br />losses or expenses (including reasonable attorney's fees), for or in connection with
<br />death of or injury to any person or damage to any property whatsoever, arising from
<br />or caused in whole or in part, directly or indirectly by (i) the presence in, on, under or
<br />about the Demised Premises, or discharge in or from the Demised Premises of any
<br />Hazardous Materials and/or Regulated Materials introduced into the Demised
<br />Premises by Landlord or caused by Landlord or Landlord's use, analysis, storage,
<br />removal, transportation, disposal, release, threatened release, discharge orgeneration
<br />of Hazazdous Materials and/or Regulated Materials to, in, on, under, about or from
<br />the Demised Premises; or (ii) Landlord's failure to comply with any Environmental
<br />Laws. In connection with, or as a result of, (i) or (ii) in the preceding sentence,
<br />landlord's obligations hereunder shall include, without limitation and whether
<br />foreseeable or unforeseeable, all costs of any required or necessary testing, repair,
<br />cleanup, removal, detoxification or decontamination of or from the Demised
<br />Premises and the preparation and implementation of any closure, remedial action, site
<br />assessment costs or other required plans in connection therewith. Landlord's
<br />obligations hereunder shall survive the expiration or earlier terndnation of this Lease.
<br />For purposes of this Section 7.A., any acts or omissions of Landlord whereby
<br />employees, agents, assignees, contractors or subcontractors of Landlord or others
<br />(excepting Tenant) are acting for or on behalf of Landlord (whether or not they aze
<br />negligent, intentional, willful or unlawful), will be strictly attributable to Landlord.
<br />7. Cessation of Mining. Tenant acknowledges and agrees that it will complete all
<br />mining activity on both the North and South Parcels ofthe Premises under the Mining Lease no later
<br />than January 31, 2004. Tenant is hereby re]ieved of its obligation under Section 3 of the Mining
<br />Lease to "produce the maximum amount of economically salable sand and gravel products" with
<br />respect to the North Pazcel, and Tenant hereby relinquishes all tights it may have under the Mining
<br />Lease to mine the North Parcel. Tenant is currently in the process ofreclaiming the Premises which
<br />is the subject of the Mining Lease. All material stockpiles, the recycled concrete and asphalt dump
<br />site, and the wash-out area wilPbe removed from the Mining Lease Premises (excluding the Premises
<br />which are the subject of the Concrete Plant and Asphalt Plant Leases) not later than January 31,
<br />2004. From and after the date of this Amendment, no new or additional fill materials may be hauled
<br />in or stockpiled on the Mining Lease Premises (except the Premises which are the subject of the
<br />Concrete Plant and Asphalt Plant Leases); and only pitrun material may be processed and/or
<br />stockpiled and rubble concrete and asphalt and finished materials therefrom may be processed and/or
<br />stockpiled on the Mining Lease Premises, provided the stockpiles are in areas near to the Premises
<br />which are the subject of the Concrete Plant and Asphalt Plant Leases.
<br />8. Partial Termination of Mining Lease. The Mining Lease will terminate for all
<br />mining purposes, except Tenant's completion of its reclamation obligations and except for various
<br />access and conveyance rights, as to the North Pazcel on the date of this Amendment and as to the
<br />South Parcel on January 31, 2004.
<br />9. Railroad Crossing License. If Tenant is presently the licensee of one or more
<br />licenses from Burlington Northern Railroad or its assignee (the "Railroad") granting a temporary
<br />~ W0731980 DMPI 4
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