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<br />® DESERET POWER
<br />ELECTRIC C O O P E R A T I V E
<br />October 12, 2004
<br />Rio Blanco County, Colorado
<br />Board of County Commissioners
<br />Attn: Alan N. Hassler, Esq.
<br />P.O. Box 398
<br />Grand Junction, Colorado 81502
<br />10714 South Jordan Gateway
<br />South Jordan, Utah 84095
<br />(807) 679-6500 fax:(801) 619-6599
<br />OCT 15 2004
<br />Re: Permitted placement of West Johnson Draw 110 Gravel Pit through utility right-
<br />of-way/easements
<br />Dear Nlr. Hassler:
<br />Rio Blanco County ("Rio Blanco") has requested permission to place portions of a Gravel
<br />Pit operation (the "Project") under an existing Right-of--Way of Deseret Generation &
<br />Transmission Co-operative ("Deseret"). Deseret is willing to permit the placement of such a
<br />Project, on the following conditions:
<br />Rio Blanco for itself, its contractors, operators, and any and all owners (equitable
<br />and/or legal) of any interest in or to the Project, to the extent permitted by law,
<br />shall indemnify and hold harmless Deseret, its officers, agents, employees,
<br />assigns, successors, and affiliates from and against any loss, harm, damage, claim,
<br />liability, fee, costs, or expenses whatsoever, of any nature and of whatever cause
<br />or source whatsoever, arising from or relating to any of the following:
<br />a. The installation, placement, construction, operation, maintenance, design,
<br />existence, condition, ownership, contents, or legal status of the Project and
<br />any and all other appurtenances, improvements, furnishings, finishes, or
<br />ancillary equipment on or near any property (real, personal, tangible or
<br />intangible) belonging to Deseret or any of Deseret's affiliates, successors,
<br />or assigns.
<br />b. Any liability, obligation, fee, regulation, requirement, or permit required or
<br />necessary under any environmental, safety, regulatory, or other legal
<br />provision pertaining to the existence, ownership, operation, relocation,
<br />removal, or remediation of any item identified in Paragraph 1(a) above.
<br />Any liability for taxes, imposts, duties, royalties, or assessments of every
<br />kind and by every governmental, regulatory, or other authority pertaining
<br />
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