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6-20-1999 11 :41 AM FROM ADCO/BAYER/CHEROKEE 303 452 d515 P.3
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<br />costs, including, but not limited to, investigation, removal, remedial, and restoration costs,
<br />and consultant and other fees and expenses; and (4) any and all other costs or expenses.
<br />(ii) As used in this license, the term "Injury' means (1) death, personal injury, or
<br />property damage; (2) loss of profits or other economic injury; (3) disease or actual or
<br />threatened health effect; and (4) any consequentialorocher damages.
<br />(b) To the extent permitted by law, the Licensee covenants and agrees to at all times
<br />protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees,
<br />successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising
<br />from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a
<br />result of, arising from, or related to (1) this license; (2) the construction, existence, maintenance,
<br />operation, repair, inspection, removal, replacement, or relocation of the electric power generation,
<br />transmission, or distribution; natural gas gathering, storage, transmission, or distribution; or any
<br />other utility facilities located on the Property; or (3) the Licensee's or any other person's
<br />presence at the Property as a result of or related to this license.
<br />(c) The Licensee's.duty to protect, indemnify, hold harmless, and defend hereunder shall
<br />apply to any and all Claims and Injury, including, but not limited to:
<br />(i) Claims asserted by any person or entity, including, but not limited to, employees
<br />of the Licensee or its contractors, subcontractors, ortheir employees;
<br />(ii) Claims arising from, or alleged to be arising in any way from, the existence at or
<br />near the Property of (1) electric power generation, transmission, disVibution, or related
<br />facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage,
<br />transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials;
<br />(5) any Hazardous Materials, regardlessof origin; or
<br />(iii) Claims arising from, or alleged to be arising in any way from, the acts or
<br />omissions of the Licensee, its sublicensees, invitees, agents, or employees.
<br />(d) By agreeing to indemnification hereunder, the Licensee does not waive any provisions
<br />of the Colorado Governmental I mmunity Act.
<br />(12) The Licensor shall use rare not to damage the licensed facility in the construction,
<br />maintenance, operation, repair, inspection, removal, replacement, or relocation of its facilities located on the
<br />Property, and shall give reasonable notice to the Licensee of any of its activities in the immediate vicinity of
<br />the licensed facility.
<br />(13) The Licensee shall construct the licensed facility so as to maintain the maximum distance
<br />between the licensed facility and the Licensors electric and/or natural gas facilities, or other facilities located
<br />on the Property, allowable by the width and certain of the Property. If the licensed facility crossed over or
<br />under the Licensors electric and/or natural gas facilities, the crossing shall be as directed by the Licensor.
<br />Notwithstanding the foregoing, minimum vertical and horizontal separations, as directed by the Licensor,
<br />shall be maintained on all crossingsand parallel encroachments.
<br />(14) After initial construction of the licensed facility and thereafter, in the event of resettling, the
<br />Licensee shall restore the surface of the Properly by grading and compacting any irregularities, reseeding,
<br />and/or revegetation as required to restore original conditions.
<br />(15) The Licensee shall reimburse the Licensor for all costs involved for replacing and resetting any
<br />section comers, quarter corners, ownership monuments, right-of-way markers, and reference points
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