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r <br />~~;.;~: 655 ;:~:~ 109 <br />Grantor), as a result of the use, maintenance or activities <br />upon the right-of-way by Grantee. In the event any suit, <br />action, claim or proceeding shall be brought against any <br />Indemnitee asserting liability of Grantor relative to <br />Grantee's use, maintenance or activities upon the right-of- <br />way, Grantee shall defend such suit, claim or proceeding, <br />and if any judgement shall be rendered against the <br />Indemnitee, Grantee shall fully satisfy and discharge it <br />and indemnify the Indemnitee, from and against all costs <br />and expenses incurred by Grantor in connection therewith, <br />including attorneys fees and attorneys fees on appeal. <br />7. This right-of-way and all the conditions and obligations <br />associated therewith shall be binding upon and inure to the <br />benefit of the undersigned, and their successors and <br />assigns and legal representatives. Grantee agrees to give <br />actual notice of its successors or assigns of the existence <br />of this right-of-way and the terms and conditions <br />associated therewith. <br />8. Grantor makes no warranties or representations whatsoever <br />as to its title in the property interest conveyed hereby. <br />IN WITNESS WBEREOF, the undersigned have executed this <br />Agreement as of the day and year first written above. <br />WEST ELR COAL COMPANY, INC. <br />By ~~~~~~~ <br />President, West Elk Coal <br />Company, a subsidiary <br />of Atlantic Richfield Company <br />GRAND MESA PROPERTIES COMPANY <br />By .wa <br />T' le C'/.ef c,~q.<~,e. <br />~- <br />