REP48210

purpose intended and shall not be subject to any chattel mortgage, security agreement or
other interest in a third parry.
3. In effecting the Work under this Agreement, Contractor, its agents, employees and
subcontractors shall comply with all applicable federal, state and local laws, rules and
regulations. All Work required to be performed by licensed personnel shall be carried out
by personnel so licensed.
4. All persons performing any Work under this Agreement, including all employees,
agents, servants and subcontractors engaged by Contractor shall be at all times the sole
employees of and subject to the control and direction of Contractor and shall not be the
employees or subject to the direction or control of Pikes Peak Mining Company in any way.
S. Contractor shall pay all sales, occupational, gross receipts, compensating, business,
excise or other taxes of any kind levied or imposed in connection with the Work. In
addition, Contractor shall furnish the landowner and Pikes Peak Mining Company with
valid lien waivers duly executed by Contractor and by all other persons or other entities
which might otherwise acquire liens upon the lands described above pursuant to the
Colorado General Mechanics' Lien Act, §38 -22- 101 -133 C.R.S.
6. Contractor shall assume the risk of all injuries, including death resulting therefrom,
to persons (including employees and contractors of Contractor, Pikes Peak Mining Company
or any third parry) and damage to and destruction of property resulting directly or
indirectly, wholly or in part, from the prosecution or omission of any work or obligation
undertaken or required by this Agreement or the occupation and possession of the
premises, and shall indemnify and save harmless Pikes Peak Mining Company ( including
its officers, employees, agents and affiliated companies) from and against any and all
liability arising therefrom, including all expense, legal or otherwise, incurred by Pikes Peak
Mining Company in the investigation and defense of any claim or suit. Contractor agrees
to indemnify Pikes Peak Mining Company from and against any and all liability arising
from activities and work conducted pursuant to this Agreement on the above - described
Pikes Peak Mining Company property for the duration of the actual period of Work. It is
mutuallv understood and agreed that the assumption of liabilities and indemnification
provided for in this Agreement shall survive any teznirtation of this Agreement.
7. Prior to performing any Work or services for Owner, Contractor shall, at its own
expense, obtain and maintain in force for the Work insurance with insurers satisfactory to
Owner in the minimum amounts set forth in this Article.
A. Worker's Compensation. Contractor shall maintain Worker's Compensation
insurance with statutory liability limits in full force and effect at all times.
B. Employer's Liability insurance in the minimum limits of $500,000 for each
accident, coveting injury or death to any employee which may be outside the
scope of the state or federal workers' compensation statute.
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