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INDEMNIFICATION AGREEMENT <br />THIS AGREEMENT is made and entered into this~'~day of 2002 <br />by and between Rudolph Fontanari, dba WESTERN SLOPE FLAGSTONE, a e proprietorship, <br />hereinafter referred to as "Fontanari" and American Tower, L.P., a Delaware Limited Partnership, <br />hereinafter referred to as "American Tower". <br />WHEREAS, American Tower currently owns and operates radio communication facilities, <br />including above and below ground supporting structures lying in Section 35, Township 10 South, <br />Range 98 West, of the 6th Principal Meridian, Mesa County, Colorado. <br />WHEREAS, Fontanari is in the process of obtaining a mining permit from the Colorado <br />Division of Minerals and Geology for the purpose of mining, processing and removing sand and <br />gravel (construction and landscape materials) within 200 feet of the said improvements owned <br />by American Tower. Such mining activity is known and referred to as WESTERN SLOPE <br />FLAGSTONE QUARRY NO. 2. <br />WHEREAS, the Colorado Division of Minerals and Geology has conditioned such mining <br />permit on Fontanari, indemnifying and holding American Tower harmless for any damages that <br />may occur to its property and improvements within said 200 feet, as a result of Fontanari <br />conducting such mining activities authorized by said mining permit. <br />NOW THEREFORE, except to the extent caused by the negligence of American Tower, <br />its agents, employees or assigns, Fontanari shall defend, indemnify and hold harmless American <br />Tower, its agents, employees or assigns for any loss, cost or damage to said property and <br />improvements, including, without limitation, reasonable attorneys' fees and court costs, arising <br />from or related to the exercise of the rights granted under such mining permit. Fontanari shall <br />conduct its activities in a safe and prudent manner and shall comply with applicable rules and <br />regulations promulgated by federal, state and county agencies, including, but not limited to <br />reclamation obligations relating its mining operations. <br />All of the covenants and agreements set forth in this Indemnification Agreement are <br />intended to be and shall be construed as covenants (and not conditions) running with the land, <br />binding upon, inuring to the benefit of and enforceable byAmerican Tower, and American Tower's <br />successors and assigns. <br />IN WITNESS WHEREOF, Fontanari has caused thisAgreementto beexecuted and it shall <br />become effective as of the day and year first above written. <br />Western Slope Flagstone, <br />a sole proprietorship <br />BY7L/~ ~lt~~u <br />Rudolr~ari <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF COLORADO ) <br />)ss. <br />COUNTY OF MESA ) <br />The foregoing instrument was acknowledged before me this ~~ day of <br />~, 2002 by Rudolph Fontanari, sole proprietor of Westem Slope Flagstone„ <br />Witness my hand and official seal. ~.~; •• ,:~,t':-- . <br />Notary Public ,~ e' ~i: ~.U 6 <br />x~a ~ <br />My commission expires: ~ Z ~r7 <br />(R~e~viewed, and Accepted by: <br />erican Tower, L.P., a Delaware Limited Partnership Date <br />