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3. This Agreement shall remain in effect through the earlier of (1) one year <br />from the date hereof; or (2) the date on which Bear receives written notice <br />from the DMG, and any other governmental agency which may then have <br />jurisdiction, that its reclamation and monitoring obligations have been fully <br />and satisfactorily performed, that its bond to secure those obligations has <br />been fully and finally released, and satisfactorily completes its obligation to <br />restore the adjacent lands in accordance with Section 2 above; or (3) the <br />date on which Bear receives written notice from the DMG, and any other <br />governmental agency which may then have jurisdiction, that its <br />reclamation and monitoring obligations have not been fully and <br />satisfactorily performed and that its bond to secure those obligations is <br />declared to be forteited and all appeals or challenges thereto are <br />completed or waived. Bear may, upon payment to Oxbow of $100.00, <br />extend such term for an additional one year, on a year-to-year basis, if its <br />bond has not been fully released by the end of the initial one-year term, by <br />delivering written notice to Oxbow at least sixty (60) days prior to the end <br />of such initial one-year term. The written notice shall set forth in detail the <br />progress being made by Bear toward obtaining final release of the Permit, <br />specify the extension period (not to exceed one year) and thereafter, the <br />terms, conditions and provisions herein contained shall remain in full force <br />and effect. <br />4. Oxbow and Bear each agrees to indemnify and hold the other party, its <br />officers, directors, partners, employees, agents and representatives <br />harmless from and against any and all claims, damages, costs, <br />judgments, losses and expenses, including reasonable attorneys' fees, <br />that result from or arise out of their respective acts, omissions, fault, <br />negligence or other conduct in connection with the Surtace Property <br />and/or the adjacent lands. <br />5. Bear shall pay and discharge all taxes and assessments which, during the <br />term hereof, may become a lien upon or which may be levied by the State, <br />County or any other tax lerying authority upon Bear's intention or activities <br />on the Surface Property andlor its use thereof. <br />6. In the event any mechanics' or other liens or orders for payment are filed <br />against the Surface Property, the adjacent lands or any improvements <br />located thereon by reason of or arising out of any labor or material <br />furnished or alleged to have been furnished, or to be furnished to or for <br />Bear on the Surtace Property or adjacent lands, or for or by reason of any <br />change, alteration, or addition to the cost or expense thereof, or any <br />contract relating thereto, Bear shall, within thirty (30) days after written <br />notice from Oxbow thereof, either pay or bond the same or provide for the <br />discharge thereof in such manner as may be provided by law. Bear shall <br />further defend on behalf of Oxbow, at Bear's sole expense, any action, <br />suit or proceeding which may be brought thereon, or for the enforcement <br />of such liens or orders, and Bear shall pay any damage and discharge any <br />3 <br />a~oien3 ~s <br />