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<br />AGREEMENT
<br />This AGREEMENT IS made [his I~hH day of .7'U.~ .1998 by and between
<br />HOLY CROSS ELECTRIC ASSOCIATION, INC , a/k/a HOLY CROSS ENERGY, a Colorado
<br />Corporation, herelna/ter called 'Holy Crosi . and B 6 B EXCAVATING, INC., hereinafter
<br />called "B 6 B-.
<br />Holy Cross owns, operates. and maintains an electrlc distribution line, hereinafter called
<br />"Facility', located on a right-of-way easement, In Sections 29 and 30, Township 4 South,
<br />Range 86 West. 6th P.M., Eagle County, Colorado, an a site known as Hidden valley Plt.
<br />B 6 8 desires to mine. hereinafter called 'AC[Ivlry', within the aforementioned right-of-
<br />way of Holy Cross.
<br />NOW, THEREFORE, In consideration of the foregoing, and for other good and valuable
<br />consideration, the receipt and sufficiency of which Is hereby acknowledged, the parties
<br />agree as tollows~.
<br />Holy Cross will lleld inspect the location of the proposed Activity before B 6 B starts any
<br />such Activity. Changes to the Holy Cross Facillry due to the proposed Activity will be at
<br />the expense of B 6 8.
<br />All equipment and vehicular traffic crossing Holy Crosi s right-of-way shall be less than
<br />fourteen (I a) feet in height above ground and shall maintain clearance greater than four
<br />and one hale (a'rs) feet from any conductor.
<br />Grade changes within the right•o(•way must be approved in writing prior to alteration of
<br />the existing grade. Approval shall be based upon National Electric Safety Code
<br />requirements.
<br />8 6 B agrees and understands [ha[ the Facillry conductors extend beyond the centerline
<br />of the Facility. B 6 B also agrees and understands It has been fully advised by Holy
<br />Cross that the Facillry may now transmit and may continue to tranimlt electrlc Curren[ at
<br />significant voltages, and that the conductors of the Facillry may not be Insulated. B 6 B
<br />shall advise all of its employees, agents, contractors, and other persons who enter upon
<br />[he premises of the ezlstence and nature of such Facility and the potential danger and
<br />risk Involved.
<br />6 6 B warrants and represents that It has Investigated, and consulted with legal counsel
<br />about, and made Itself aware of all laws, rules and governmental regulations, including.
<br />but not limited to the National Electric Safety Code and the Occupational Safety and
<br />Health Act, the laws and requlatlons of the applicable county and the Slate of Colorado
<br />Division of Minerals and Geology, and therefore agrees: (1) that It will comply with all
<br />applicable laws, rules and requlatlons; and (2) that It will, prior to commencement of any
<br />Ac[Ivlry on the site, obtain all necessary permits, Ilcenset. easements, agreements and
<br />other legal or private approvals necessary for the ActNlry at the site
<br />B d B shall supply a Proof of Insurance Certificate showing coverage In the following
<br />minimum amounts: (I I Workers' Compensation Insurance coverlnq all employees In
<br />statutory limits who perform any of the obligations assumed by 8 6 8 under the Activity.
<br />and (2) Public liability and property damage liability Insurance coverlnq all operations
<br />under the Activity with a minimum f 1,000,000 combined single Ilmlt for public liability,
<br />properly damage, bodily injury or death, and (3) Automobile liability insurance on all
<br />sell-propelled vehicles used In connection with the Acllviry, Whether owned, non owned.
<br />or hired, with a minimum f 1,000,000 combined single limit (or public liability, property
<br />damage. bodily injury, or death.
<br />To the extent DermiRed 6y law, B 6 8 covenants and agrees to (at all times) protect,
<br />Indemnify, hold harmless, and defend Holy Crpfs, Its directors, officers, agents.
<br />employees. successors, assigns, isUents, subsfdlarles, and afflllatet from and'vgalnst
<br />any and all claims arising from, alleged to arise from, Or related to any Injury allegedly
<br />or actually otcurrinq, Imposed as a result of, arising from, or related to (1) this
<br />agreement; (21 the Construction, existence, maintenance, operation, repair, inspection.
<br />removal. replacement, or relocation of the Facillry; or (3) B 6 8's or any other person's or
<br />entity's presence at the premises as a result of or related to this agreement. B d B's
<br />duty to protect, Indemnify, hold humless, and defend hereunder shall app1Y to any and
<br />all claims and injury, including, but not limited to: (a) Claims asserted by any person or
<br />PlEab E
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