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<br /> <br />Lessee agrees prior to commencement of mining upon said premises to <br />construct a cattle guard with two gates in the fence line at the junction of <br />the county road and the access road to the premises. <br />Lessee shall be liable for all damages proximately caused to <br />Lessor by virture of Lessee's operations upon [he subject property hereunder, <br />except chose specifically mentioned herein. <br />16. LANDS: Ingress, egress and regress shall be along Grassy Creek <br />and in the vicinity of the roads shown in its permit application to the <br />Colorado Mined Land Reclamation Board, Exhibit "C". <br />17. INDEMNIFICATION OF LESSOR: Lessee accepts [he subject property <br />in its existing condition and will defend, save and hold the Lessor harmless <br />from any and all claims, liabilities, damages, penalties, expenses, interest <br />and attorneys' fees of any kind or character, arising from or out of Lessee's <br />operations upon the subject property hereunder. Excepted, however, from the <br />provisions of [his paragraph are any and all damages to the surface of the <br />.subject property caused solely from subsidence to or caving of underground <br />workings,. including angering or the reclamation of other workings or mined areas <br />including strip mining and any claimed damages for interference with the use of <br />the surface estate and those other types and kinds of damages which are general in <br />nature and are inherent in mining operations, whether underground or surface. <br />18. FORCE MAJEURE: All provisions herein shall be subject to all <br />Federal and State laws and the orders, rules and regulations of all governmental <br />agencies administrating the same. If Lessee shall be prevented during the term <br />herein from mining hereunder by the order of any constituted authority having <br />jurisdiction thereover, by strikes, acts of God, including but not limited to <br />earthquakes, slips or inclement weather, the term of this lease shall continue. <br />This agreement shall not in any way terminate for Lessee's failure to comply <br />with any of the express or implied terms hereof if such failure accords with <br />such acts of God, laws, orders, rules or regulations. <br />19'. GOVERNMENTAL REGULATIONS: The parties hereto ale aware of the <br />fact that prospecting for and mining of coal may require Lessee's obtaining <br />local, State or Federal mining permit approvals. Lessor hereby agrees to cooperate <br />with Lessee in its efforts to obtain such mining permit approvals and to take no <br />action which will hinder or jeopardize obtaining the same. <br />20. INSURANCE: Lessee will, prior to the commencement of any <br />operaYons hereunder and after a request made to it by the Lessor, tender to <br />the Lessor certificates of insurance fulfilling the following requirements, which <br />shall not insure not only the Lessee but also Lessee's contractors and subcontractors <br />for any operations conducted hereunder and carrying the following described <br />minimum coverages: <br />(a) Employer's liability and workman's compensation insurance <br />covering the Lessee's employees and the employees' contractors <br />and subcontractors engaged in operations upon the subject property, <br />in compliance with the Laws of the State of Colorado. <br />(b) Comprehensive general liability insurance and automobile <br />public liability and property damage insurance covering Lessor and <br />Lessee in conjunction with all operations conducted by the Lessee <br />or the Lessee's contractors and subcontractors, with a limitation <br />of liability not less than $200,000.00 for injury or death of any <br />one person, $500,000.00 for injury or death of more than any one <br />person resulting from any one accident, and for property damage <br />with a limit of $50,000.00 for damage to property for each accident. <br />The above coverages shall be adjusted upward or downward from time <br />to time during the term of this lease, based upon the net change in the <br />Industrial Price Index, except such changes of coverage shall not need to be <br />made more often than every five years. <br />This lease shall inure to the benefit of and be binding upon [he <br />parties hereto and their respective heirs, legatees, devisees, personal <br />representatives, successors and assigns. <br />-5- <br />