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personnel, vehicles and equipment reasonably necessary for Grantee to conduct its coal <br />handling and transportation activities thereon, Grantee recognizes that the non-exclusive <br />right granted hereunder is subordinate to Grantor's right to use the THR. Accordingly, <br />Grantee's use of the THR shall not unreasonably interfere with use of the THR for <br />Grantor's coal handling and transportation activities. <br />4. Fee. Grantee agrees to pay Grantor a fee of <br />Dollars ($ ___) per year during the term of this Agreement; the first payment due <br />on the execution of this Agreement and annually thereafter on each anniversary date of <br />the Agreement throughout its term. <br />5. Liabilities and Indemnities. (a) Grantee hereby agrees to <br />indemnify and save Grantor and its affiliates, agents, independent contractors and <br />• invitees and their respective officers, directors and employees (Grantor and such <br />affiliates, entities and individuals being hereinafter collectively referred to as the <br />"Grantor Indemnitees"), harmless from and against any and all claims, suits, <br />investigations, proceedings, demands, losses, liabilities, damages or expenses of any kind <br />(including, but not limited to, attorney's fees and expenses) incurred or sustained by any <br />Grantor Indemnitee (i) relating to or arising out of any breach by Grantee of any of its <br />obligations under this Agreement, or Grantee's or its affiliates', agents', employees', <br />independent contractors' or invitees' use of vehicles and/or equipment in connection with <br />the exercise of the rights granted hereunder; (ii) for or on account of any and all damages <br />(00907205.1) <br />3-4.45 <br />