Laserfiche WebLink
damage any part of the improvements or knowingly permit any other person to do <br />so. <br />11. Taxes. Surface Owner shall be responsible for the payment of all real estate taxes <br />assessed against the Lands; however, Twentymile shall be responsible for all ad <br />valorem and/or personal property taxes which may be levied or assessed against <br />any and all improvements placed upon the Lands by Twentymile. <br />12. Encumbrances. Twentymile shall keep the Lands free and clear of any and all <br />liens and encumbrances arising or which might arise, for any reason, out of <br />Twentymile's use of the Lands. <br />13. Hold Harmless. Surface Owner shall not be liable for any injury or property damage <br />suffered by Twentymile or anyone else upon the Lands during the term of this <br />Agreement, except injury or damage caused solely by Surface Owner's own <br />negligence. Twentymile hereby agrees to indemnify, save, defend and hold <br />harmless, and fully releases, acquits and forever discharges Surface Owner, its <br />successors and assigns from any and all obligations, actions, causes of action, <br />claims, demands, judgments, liabilities, losses, costs, damages and expenses of <br />whatever kind or character (including, without limitation, reasonable attorneys fees), <br />• for any injury, death or damages of any kind or character, whether to persons, <br />animals or property, arising out of or caused directly by Twentymile's presence upon <br />the Lands for the hereinabove stated purposes, except for injuries, claims or <br />damages arising out of the negligence of Surface Owner. <br />14. Insurance. Twentymile shall purchase and maintain a policy of public liability <br />insurance covering its occupancy and use of the Land. The policy must name <br />Surface Owner as an additional insured and must be for amounts not less than <br />$100,000.00 for any injury to one person, $300,000.00 for injury to a group of <br />persons and $25,000.00 for property damage. Twentymile shall provide Surface <br />Owner with a copy of the certificate(s) evidencing said insurance. The insurance <br />obligations of Twentymile pursuant to this paragraph 14 are separate from <br />Twentymile's hold harmless/indemnification obligations under this Agreement. <br />Minimum limits of insurance are in no way intended to limit Twentymile's hold <br />harmless/indemnification obligations. <br />15. Breach and Re-Entry. If Twentymile commits a material breach of any term of this <br />Agreement and fails or refuses to commence in good faith to remedy the breach <br />within thirty (30) days after Surface Owner sends written notice to Twentymile, then <br />Surface Owner may, at its sole election, terminate this Agreement upon ten (10) <br />days' written notice to Twentymile. The taking of action to remedy any alleged <br />violation by Twentymile shall not be deemed an admission by Twentymile <br />hereunder of the facts, causes or state of events described and set forth in Surface <br />Owner's notice to Twentymile. <br />16. Waiver. Even if Surface Owner waives Twentymile's breach of any provision of this <br />Agreement on one or more occasions, that shall not mean that Surface Owner <br />cosubs~a.docncs - 7 - <br />