|
<br />and permits necessary for coal exploration, mining and related operations, which shall include, but
<br />not be limited to, the right to conduct environmental, water, soil and air studies, to install
<br />cnviromnental monitoring equipment, flwnes, dig soil samplhtg, pits, drill water wells, conduct from
<br />time to time periodic environmental monitoring, maintain, repair and replace such environmental
<br />monitoring equipment wlticlt may be located on the Property, and the right of ingress and egress
<br />across the Property, limited where feasible to existing roads or trails, necessary to access such
<br />monitoring sites. In the event, and oily at such time as CLC elects to drill wells, dig pits or install
<br />monitoring equipment on the Property, CLC shall make a onetime payment to OWNER, prior to
<br />commencing such operations, of Two Hundred Dollars ($200. 00) for each monitoring site.
<br />5. Ingress and Egress. OWNER hereby grants unto CLC the nonexclusive right for vehiculaz and
<br />pedestrian ingress and egress on, over and across the Property, limited where feasible to existing
<br />roads or trails and roads commo~ily used by OWNER to access the Property from any County road,
<br />for the purpose of conducting the activities granted under this Agreement. IF CLC causes damage to
<br />OWNERS roads or trails in the course of conducting its activities on the Property CLC agrees to
<br />repair and restore such roads or trails to the condition existing at the time of CLC's entry upon the
<br />Property. OWNER further grants unto CLC the right to build, construct and maintain, including the
<br />right to reclaim as required by any Federal, State, or County agency, any nevv roads deemed
<br />necessary by CLC in order [o conduct its activities under this Agreement provided, however that
<br />OWNER shall be notified b}' CLC as to the proposed location of any such nets roads. In the event,
<br />and only at such time as CLC elects to use an existing road or trail and/or construct a new road,
<br />CLC shall make a onetime payntatt [o OWNED prior to commencing such use or road construction,
<br />calculated on the basis of Two Thousand Five Hundred Dollars ($2,500,00) per mile, for each
<br />newly constructed road. Prior to the expiration of this Agreement and any extensions thereof, CLC
<br />shall reclaim any new road(s) constructed by CLC on the Property as required pursuant to any
<br />Federal, State or County agency having jurisdiction over such roads or CLC in its sole discretion,
<br />and with OWNERS concurrence, may elect to abandon in place and assign to OWNER such new
<br />roads constructed on the Property, including the continued maintenance thereof.
<br />6. Indemnity and Insurance. CLC shall fully utdemnify, defend and save OWNER free and harmless
<br />against any and all claims, damages, loss and expense, including attorney's fees and other legal
<br />expenses, by reason of liabilit}• imposed or claimed to be imposed by law upon the OWNER for
<br />damage because of bodily injuries (including death at any time resulting therefrom) or on account of
<br />damage to property sustained by any person or persons arising out of or in consequence of CLC's
<br />use of the Property described in this Agreement whether or not such bodily injuries, death or damage
<br />to property arise or are claimed to have arisen in whole or in part out of the negligence or any other
<br />growtds of legal liability, but excluding, however, any liability caused by the sole negligence or
<br />willful misconduct of the employees or agents of OWNER. Without limiting the foregoing, CLC
<br />shall subscribe to and carry the following insurance;
<br />(1) If CLC has any employees (whether full or part time), Workmen's Compensation Coverage,
<br />Traumatic Injury (including death) and Occupational Disease Disability insurance in
<br />accordance with the laws of the State of Colorado for all employees located on the Property;
<br />and
<br />(2) Comprehensive General Liability and Property Damage insurance (including contractual
<br />coverage) with bodily injury limits of $1,000,000.00 each occurrence and $1,000,000.00
<br />2
<br />
|