REV99647

• Permit No: M1985029
• IBM Index Class Name: Revision
• Doc Name: APPENDIX A
• Type & Sequence: TR1
• Media Type: D
• Archive: No

to, the postir.q of non-viability pursuant to C~. ?. S.
35-22-105, as a-.ended. Ortionee shz11 ~:yep the Alma Placer
• free from any lie^s arising c,ut of zny ::orr performed,) material
.`.urnished or o`lication incurred by c,r for Optione or any
person ur entit.: claiming t~~ruuch o: un~er Gptionee. In the
event thzt Gptionee shall not, ~:ithin *_hirty (30J days
following the imposition of zny such lien, cause the s me to be
released of record by payment or posting of proper ~ond, the
Trust shall have the richt, but not the u~lication,~to ca•~se
such lien to be released by such means zs the _: st deems
proper, including payment of the claim giving rise to ;:uch
lien. All such sums paid and zll expenses incurre by the
Trust in connection therewith shall he due and payab e to the
Trust by Gptionee within thirty (30) days of Gptionee'¢ receipt
of written demand,
21. workmen's Compensation Insurance. Gptionee shall at
all times maintain workrt~en's compensation insurance on all
employees and other persons working in and upon, or n behalf
of, Optionee's operation in and upon the Alma Placer. Option~.e
shall, when recuested to do so by the Trust, furnis to the
Trust a duly executed Certificate, from the State Fund cr
private insurance company writing said insurance overage,
evidencing workmen's compensation coverage to he in effect at
all times.
22. Liability Insurance. Gptionee shall maintain at its
sole cost and expense, premises liability coverage, w itten by
a company reasonably satisfactory to the Trust, in the
aggregate minimum amount of ~
dollars and not less than
dollars per occurrence, for any inj Ties or
damages arising out of the use, operation and mainte ante of
the Alma Placer. The Trust shall be named as an a ditional
insurred under said policy. Gptionee shall, at the re uest of
the Trust, furnish the Trust with a valid and binding
certificate of insurance showing the Trust as an a ditional
insured and evidencing that insurance coverage is in fu 1 fozce
and effect at all times.' Any such policy shall provi a for a
waiver of subrogation rights against the Trust and steal not be
cancellable without first having Given the Trust thi ty (30)
days prior written notice.
23. Indemnification. Gptionee agrees to indemn fy and
hold the Trust harmless from and against any and all li bility,
loss, suits, claims, actions, causes of action, pzoc edings,
demands, costs, penalties, fines, expenses, or amaaes,
including but not limited to reasonable attorneys` fees of any
kind or nature whatsoever arising from the use, opera ion and
maintenance of the Alma Placer at all times during he term
hereof, save and except any claims or damages result ng from
the negligence of the :rust, its agents or invitees.
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