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<br />Indemnification
<br />30. Indemnification by Aggregate. Aggregate shall indemnity and hold harmless
<br />Thornton, its representatives, officlals and employees, of and from any and all claims, demands,
<br />actions, causes of action, liabilities, expenses and damages of whatever kind or nature, including
<br />attorney fees and court costs, arising out of or in connection with injuries, losses or damages in
<br />any manner connected with Aggregate's reclamation activities on the Property, post mining
<br />activities necessary under its permits and its use of the non-tributary wells, provided that such
<br />injuries, losses or damages are caused by the acts, errors or omissions of Aggregate's officers,
<br />employees, contractors, subrnntractors or agents.
<br />31. Indemnification by Thornton. Thornton shall indemnify and hold harmless
<br />Aggregate, its officers, employees and representatives, of and from any and all claims, demands,
<br />actions, causes of action, liabilities, expenses and damages of whatever kind or nature, including
<br />attorney fees and court costs, arising out of or in connection with injuries, losses or damages in
<br />any manner connected with Thomton's activities on the Property, damage to Aggregate's
<br />reclamation work, and Thornton's use of the Reservoir and the Property, provided that such
<br />injuries, losses or damages are caused by the acts, errors or omissions of Thomton's officers,
<br />employees, contractors, subcontractors or agents.
<br />32. Environmental Matters. As between Aggregate and Thornton, Aggregate shall be
<br />liable for and shall indemnify and hold harmless Thornton of and from any and all claims, demands,
<br />actions, causes of action, liabilities, damages and expenses, including court costs and reasonable
<br />attorney's fees which Thornton may suffer, incur or be put to pay as the result of the presence of
<br />any hazardous, toxic or otherwise illegal substances or materials placed on the Property prior to
<br />gosing, including any contamination which meets all of the conditions set forttr in (a) through (d),
<br />of this Paragraph, except to the extent such contamination has been caused by, contributed to,
<br />or exacerbated by Thornton, its agents, contractors, grantees, successors or assigns, namely (a)
<br />contamination consisting of hazardous substances {as defined at 42 U.S.C. § 9601(14) to CERCtA),
<br />petroleum products or nitrates present at the Property, (b) which Aggregate would be responsible
<br />for under applicable common (aw or enurronmental laws and regulations, (c) which occurs in the
<br />sail or groundwater in concentrations or quantities exceeding applicable federal, state or focal
<br />numeric or narrative environmental regulatory standards; and {d} which is present on or before the
<br />date of the Closing on the Property. Both parties expressly reserve ail rights they may have under
<br />applicable common faw, environmental laws or regulations, it being understood and acknowledged
<br />that such rights shall not be limited by the provisions of this Paragraph.
<br />Miscellaneous
<br />33. Authociiv ofThomton. This Agreement is expressly subject to and shall not become
<br />effective or binding on Thornton until the Agreement is fully executed by ail signatories of the City
<br />North Dahlia
<br />Purchase Agreement
<br />December il, 2000
<br />Page 17 of 22
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