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<br />PERMISSION TO ENTER UPON PREMISES
<br />THE DENVF7t AND RIO GRANDE WESTERN RAILROAD COMPANY, (hereinafter referred to
<br />as the "Rio Grande"); hereby grants to SOMERSET MINING COMPANY, a Colorado
<br />partnership with Bear Coal Company, Inc. acting ae managing partner, (hereinafter
<br />referred to ea the "Undersigned"), the right and privilege to enter upon Ste
<br />equipment, property, premises and right of way in connection with the relocation of
<br />soil from Borrow Areas to Fill Areas ae shown on the attached Dwg. No. 5-1141A,
<br />attached hereto and incorporated herein. Such relocation is being done to provide
<br />subgrade for relocation of Rio Grande's main track and for future tracks to
<br />accommodate the undersigned.
<br />Undersigned shall bear and pay ell costa of protecting Rio Grande and the
<br />railroad traffic made necessary or occasioned by Undersigned's operations under this
<br />Agreement. Rio Grande will assign to the Undersigned, at the sole cost and expense
<br />of the Undersigned, such switch tenders, flagmen, watchmen and other protective
<br />services and devices, ae, in the Judgment of the Rio Grande's Chief Engineer are
<br />required to insure the safety and continuity of any railroad traffic during
<br />Undersigned's operatlone on or about Rio Grande's property. All flagging and
<br />protective services shall be performed strictly in accordance with the directives
<br />and instructions issued by Rlo Grande.
<br />Undersigned shall notify the Chief Engineer of the Rio Grande in writing at
<br />least seventy two (72) hours in advance of commencing any operations on Rio Grande's
<br />property with respect to protective service or devices which will be required by Rio
<br />Grande, and Undersigned agrees to use Rlo Grande's property and right of way and to
<br />cross Rio Grande's tracks only in the manner, and at such times, and under such
<br />protective measures as are designated by the Chief Engineer of Rio Grande.
<br />In consideration of the permission herein granted by the RSo Grande and
<br />without any other consideration whatever, the Undersigned hereby agrees to indemnify
<br />and hold harmless the Rio Grande from and egalnst any and all liability, lose,
<br />damage, claims, demands, actions, causes of action, coats and expense of whatsoever
<br />nature growing out of SnJury to or death of persons whomsoever, including the
<br />parties hereto, their officers, agents, servants and employees, or the loss or
<br />destruction of or damage to property whatsoever of persons whomsoever, including the
<br />parties hereto, their officers, agents, servants and employees, when each SnJury,
<br />death, lose, damage or destruction results from or arises Sn any way 1n connection
<br />with, or incident to the right, privilege and permission herein granted, provided,
<br />however, that the foregoing agreement to indemnify and hold harmless shall not apply
<br />to any liability, lose, damage, claim, demand, action, cause of action, coat or
<br />expense resulting from the negligence or intentional misconduct of the Rio Grande,
<br />its agents, servants or employees.
<br />For the further protection of Rio Grande, the Undersigned, at the sole cost
<br />and expense of Undersigned, shall procure, Sn a company or companies acceptable to
<br />Rio Grande, and containing provisions acceptable to Rio Grande, the following
<br />insurance protection covering all of undersigned's operatlone on the property of the
<br />Rio Grande:
<br />(1) Comprehensive General Liability (including automobile) providing for e
<br />limit of not lees than 52,000,000 for all damages arising out of bodily
<br />inJuries to or death of one person and eubJect to that limit for each
<br />person, a total limit of 52,000,000 for all damages arising out of bodily
<br />inJuries to or death of two or more persons in any one occurrence; and
<br />Property Damage Liability Insurance providing for a limit of not lees
<br />than 52,000,000 for all damages arising out of inJury to or destruction
<br />of property in any one occurrence and eubJect to that limit per
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