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linear foot, but the total amount to be paid LICENSOR for such use of the Property <br />shall not exceed $5000.00. Included herein is the use of the existing road that runs <br />east from County Road 27 through Section 4, T5N, R87W and continues to hole <br />number ccu021 is Section 3, T5N, R87W of State of Colorado property. <br />3. Indemnity and Insurance. LICENSEE shall fully indemnify, defend and save <br />LICENSOR free and harmless against any and all claims, damages, loss and <br />expense, including attorney's fees and other legal expenses, by reason of liability <br />imposed or claimed to be imposed by law upon the LICENSOR for damage <br />because of bodily injuries (including death at any time resulting therefrom) or on <br />account of damage to property sustained by any person or persons arising out of or <br />in consequence of LICENSEE's use of the Property described in this Agreement <br />whether or not such bodily injuries, death or damage to property arise or are <br />claimed to have arisen in whole or in part out of the negligence or any other <br />grounds of legal liability, but excluding, however, any liability caused by the <br />negligence or willful misconduct of the employees or agents of LICENSOR. <br />Without limiting the foregoing, LICENSEE shall maintain in force the following <br />insurance; <br />(a) If LICENSEE has any employees (whether full or part time), Workers' <br />Compensation Coverage, Traumatic Injury (including death) and <br />Occupational Disease Disability insurance in accordance with the laws of the <br />state in which the Property is located for all employees located on the <br />Property; and <br />(b) Comprehensive General Liability and Property Damage insurance (including <br />contractual coverage) with bodily injury limits of $2,000,000.00 per person <br />and $2,000,000.00 aggregate and property damage with a limit of <br />$1,000,000.00 aggregate; and <br />(c) Accident insurance covering each participant in an amount of $1,000,000.00 <br />per person and aggregate. <br />All insurance policies must contain an unqualified provision that the insurance <br />carrier will give LICENSOR ten (10) days' prior written notice of any cancellation, <br />change or lapse of such policy. Prior to utilizing the property herein and upon <br />LICESOR'S request, LICENSEE shall furnish to LICENSOR a certificate of <br />insurance showing that the requirements of this paragraph have been satisfied. <br />4. Permits and Reclamation. LICENSEE shall bear the responsibility and cost of <br />obtaining all federal, state, and local permits necessary to perform exploration <br />activities on the Property as authorized in this Agreement and LICENSOR agrees to <br />provide any consents necessary to secure such permits. LICENSEE shall be <br />responsible for all reclamation necessary as a result of its operations and for other <br />costs and liabilities including without limitation payments to landowners for surface <br />damages, replacement of fencing, loss of livestock, loss of forage, and use of water