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10.02 Notice to Cugnini and CLACC. Any notices required under this Lease <br />Agreement to be given by FCM to Cugnini or CLACC shall be sent by first class mail or <br />by telefacsimile followed by first class mail to: <br />Attn: Patrick L. Cugnini <br />677 East Third Avenue <br />Durango, CO 81301 <br />Telefacsimile No.: (970) 385-5087 <br />10.03 Change of Notice. Should either party desire to change the party <br />designated to receive notice or the address to telefacsimile number where notice should <br />be sent under this Lease Agreement said change shall be accomplished by written <br />directions sent to the other party by registered or certified mail. <br />Section 11. INDEMNIFICATION <br />11.01 Cugnini Indemnified. FCM hereby agrees to hold Cugnini and CLACC <br />harmless and to indemnify Cugnini and CLACC from any and all losses attributed to <br />FCM's activities contemplated under this Lease Agreement or from other activities <br />reasonably incident thereto undertaken or occurring on or at the Gravel Pit. <br />11.02 Defense and Attorney's Fees. It is specifically acknowledged by the <br />parties that the scope of FCM's indemnification shall include the cost of defending any <br />action in which Cugnini is named as a defendant and where the claim or claims against <br />Cugnini and/or CLACC relate to FCM's activities at the Gravel Pit, including the costs of <br />reasonable attorney's fees incurred in said defense. <br />Section 12. INSURANCE <br />12.01. Insurance. During the term of this Lease Agreement, FCM shall maintain <br />insurance to protect against losses for liability associated with FCM's activities and to <br />protect against property losses and casualty. Unless otherwise agreed to in writing, <br />Cugnini and CLACC shall be endorsed as co-insureds on liability insurance policies <br />related to activities undertaken pursuant to this Lease Agreement. Unless otherwise <br />agreed, FCM's insurance for activities undertaken under this Lease shall conform to the <br />following: <br />(a) General Liability Insurance with limits of liability of not less than: Bodily <br />Injury - $1,000,000 each person, $2,000,000 each occurrence/aggregate; <br />and Property Damage - $1,000,000 each occurrence/aggregate; and, <br />Cugnini Pit Lease <br />IOf29l02 <br />Page 8 of IS <br />