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<br />OWNER, prior to commencing such operations, calculated on the basis of Ttvo Thousand Dollars
<br />($2,000.00) for each mile(5,280 feet x 10 foot wide) of Property covered by such seismic
<br />survey.
<br />4. Em~ironmenta] Studies. OWNER hereby grants unto CLC the nonexclusive right to perform all
<br />studies necessary or convenient to obtain governmental approvals and permits necessary for coal
<br />exploration, mining and related operations, which shall include, but not be limited to, the right to
<br />conduct environmental, water, soil and air studies, to install environmental monitoring equipment,
<br />flumes, dig soil sampling, pits, drill water wells, conduct from time to time periodic environmental
<br />monitoring, maintain, repair and replace such environmental monitoring equipment which may be
<br />located on the Property, and the right of ingress and egress across the Property, limited where
<br />feasible to existing roads or trails, necessary to access such monitoring sites. In the event, and only
<br />at such time as CLC elects to drill wells, dig pits or install monitoring equipment on the Property,
<br />CLC shall make a onetime payment to OWNER, prior to commencing such operations, of Two
<br />Hundred Dollars ($200.00) for each monitoring site.
<br />5. l_ngress and Egress. OWNER hereby grants unto CLC the nonexclusive right for vehicular and
<br />pedestrian ingress and egress on, over and across the Property, limited where feasible to existing
<br />roads or trails and roads commonly used by OWNER to access the Property from any County road,
<br />for the purpose of conducting the activities granted under this Agreement. IF CLC causes damage
<br />to OWNERS roads or mails in the course of conducting its activities on the Property CLC agrees to
<br />repair and restore such roads or trails to the condition existing at the time of CLC's entry upon the
<br />Property. OWNER further grants unto CLC the right to build, construct and maintain, including
<br />the right to reclaim as required by any Federal, State, or County agency, any new roads deemed
<br />necessary by CLC in order to conduct its activities under this Agreement provided, however that
<br />OWNER shall be notified by CLC as to the proposed location of any such new roads. In the event,
<br />and only at such time as CLC elects to use an existing road or trail and/or construct a new road,
<br />CLC shall make a onetime payment to OWNER, prior to commencing such use or road
<br />construction, calculated on the basis of Two Thousand Dollars ($2,000.00) per mile, for each
<br />newly constructed road. Prior to the expiration of this Agreement and any extensions thereof,
<br />CLC shall reclaim any new road(s) constructed by CLC on the Property as required pursuant to any
<br />Federal, State or County agency having jurisdiction over such roads or CLC in its sole discretion,
<br />and with OWNERS concurrence, may elect to abandon in place and assign to OWNER such new
<br />roads constructed on the Property, including the continued maintenance thereof.
<br />6. Indemnirv and Insurance. CLC shall fully indemnify, defend and save OWNER free and harmless
<br />against any and all claims, damages, loss and expense, including attorney`s fees and other legal
<br />expenses, by reason of liability imposed or claimed to be imposed by law upon the OWNER for
<br />damage because of bodily injuries (including death at any time resulting therefrom) or on account
<br />of damage to property sustained by any person or persons arising out of or in consequence of
<br />CLC's use of the Property described in this Agreement whether or not such bodily injuries, death
<br />or damage to property azise or are claimed to have arisen in whole or in part out of the negligence
<br />or any other grounds of legal liability, but excluding, however, any liability caused by the sole
<br />negligence or willful misconduct of the employees or agents of OWNER. Without limiting the
<br />foregoing, CLC shall subscribe to and carry the following insurance;
<br />(1) If CLC has any employees (whether full or part time), Workmen's Compensation
<br />Coverage, Traumatic Injury (including death)- and Occupational Disease Disability
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