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contractors or invitees. This agreement of indemnification shall survive the cancellation, <br />expiration or termination of this Agreement. <br />6. Maintenance and Repairs; Improvements; Compliance with Laws, <br />Permits and Leases. (a) Grantor shall be responsible for, and shall pay all costs and <br />expenses associated with maintaining the THR as a coal haul road and for the movement <br />of personnel, small equipment and supplies, and making repairs thereto, resulting from <br />the use of the THR in the normal and ordinary course of business, including maintenance <br />and repairs required as a result of Grantee's use of the THR; provided, however, Grantor <br />shall not be responsible for any costs and expenses to repair any damage to the THR <br />resulting from Grantee's or any of Grantee's affiliates', agents', employees', independent <br />contractors' or invitees' negligence or willful misconduct or failure to comply with any <br />applicable laws, regulations or permits, or resulting from Grantee's or any of such <br />entities' or employees' improper or unsafe use of any individual vehicle thereon or from <br />any accident caused by Grantee or any of such entities or employees, which costs and <br />expenses shall be Grantee's sole responsibility. In the event Grantor incurs any costs or <br />expenses as a result of any such actions by Grantee or its agents, employees, independent <br />contractors or invitee, Grantee shall promptly (and in no event more than 10 days after <br />receipt of notice from Grantor describing such costs and expenses) reimburse Grantor for <br />all such costs and expenses so incurred. <br />{C0907205.1} <br />3-4,48 <br />