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SENT BY:Administration Office ; 11-51-88 : 17:39 ;CYPRUS YAMPA VALLEY '3038246398;# 6 <br /> employees, agents, licensees, contractors, subcontractors and <br /> invitees of Cyprus who are engaged in Cyprus' operations on <br /> the Lands. <br /> D, WAN&A. Cyprus shall not commit or knowingly allow another to <br /> commit any waste or nuisance upon the Lands. Cyprus shall not <br /> destroy, deface or damage any part of the improvements or <br /> knowingly permit any other person to do no. <br /> 10. Xam". Surface Owner shall be responsible for the payment of <br /> all real estate taxes assessed against the Lands; however, <br /> Cyprus shall be responsible for all ad valorem and/or personal <br /> property taxes which may be levied or assessed against any and <br /> all improvements placed upon the Lands by Cyprus. <br /> 11. SmpymbrOp,. Cyprus shall keep the Lands free and clear of <br /> any and all liens and encumbrances arising or which might <br /> arise, for any reason, out of Cyprus' use of the Lands. <br /> 12. Cyprus will hold harmless and fully <br /> indemnify Surface owner against all claims or demanda of any <br /> kind or nature which may be made upon him or against his <br /> interest in the Lands for, or on account of, any debt or <br /> expense contracted or incurred by Cyprus in conducting its <br /> activities, as well as against any and all acts, transactions <br /> and omissions of Cyprus, its employees, agents, contractors, <br /> subcontractors, lessees, partners or co-venturers, licensees <br /> and suppliers in conducting such activities, and Cyprus will <br /> defend and save Surface owner harmless and fully indemnify <br /> Surface Owner as to liability or asserted liability, for, on <br /> account of, injury to, or death of, any person or damage to <br /> any property sustained during the term of this Agreement, <br /> alleged to have resulted from any such act or omission of <br /> Cyprus, its employees, agents, contractors, subcontractors, <br /> lessees, partners or co-venturers, licensees and suppliers, <br /> or any unsafe condition of the Lands created by Cyprus or <br /> Cyprus' operations. In addition, Cyprus will waive, hold <br /> harmless and fully indemnify Surface Owner against any and <br /> all penalties or charges imposed upon Surface owner by <br /> federal, state or local authorities on account of Cyprus' <br /> failure to comply with all laws, rules, regulations or orders <br /> of such authorities. <br /> 13. sro■ah sad J!�-1'ahrv. if Cyprus commits a material breach of <br /> any term of this Agreement and fails or refuses to commence <br /> in good faith to remedy the breach within thirty (30) days <br /> e...N.00snq 6 <br />