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• <br />(e) reseed, with the grasses recommended on the <br />exhibits to the Permit, each area of the Property no longer used <br />by MAI in its mining operations. Excluded from this requirement <br />shall be the area within the excavation limits of any reservoir <br />site which may subsequently be developed by Golden. <br />4. Conclusion of Ouerations by MAI. Upon termination <br />of operations by MAI at Reservoir Site No. 1 under the terms of <br />this Agreement, MAI shall promptly remove all equipment and <br />structures therefrom. Upon termination of this Agreement as a <br />result of a breach by MAI of its obligations or covenants <br />hereunder, and at such time as MAI's rights in the Property <br />become subordinate to Golden's rights under the Golden Lease, MAI <br />shall promptly remove all of its equipment and structures from <br />the Property, except as may be necessary to comply with its <br />reclamation obligations. <br />5. Disclaimer and Indemnity. Golden expressly <br />disclaims and denies any liability for any liability, loss, cost <br />or expense, or any cleanup or permitting obligations arising from <br />or related to any waste or pollution created by MAI through its <br />operations on the Property. MAI hereby agrees to indemnify and <br />hold harmless Golden from any such loss, cost, expense, liability <br />or cleanup or permitting obligations which arise from or are <br />related to MAI's operations on the Property, including without <br />limitation any obligations under the Permit. <br />6. Lease of Water Riahts. Golden hereby agrees to <br />lease to MAI at no additional cost, and MAI agrees to lease from <br />Golden, up to 20 acre feet of water, for use by MAI to augment <br />evaporation losses off Reservoir Site No. 1 and for related <br />purposes, on the following terms and conditions (theWater <br />Lease): <br />(a) The term of the Water Lease shall commence on <br />the date first set forth above and shall terminate upon the <br />earlier to occur of (i) December 20, 2005, (ii) the completion of <br />mining operations at Reservoir Site No. 1 in accordance with the <br />Excavation Plan Map, (iii) the earlier termination of the MAI <br />Lease as to Reservoir Site No. 1, (iv) the termination by MAI of <br />mining operations on the Property, or (v) a breach by MAI of this <br />Agreement. <br />(b) The source of water under the Water Lease shall <br />be from those sources of augmentation water set forth in the <br />decree of the Division No. 1 Water Court entered in Case <br />No. 83CW361 as may from time to time be specified by Golden. <br />-5- <br />