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E. The Company shall consult with Lessor with respect to all Permit applications, <br />plans and designs of the Coznpaiay; provided, however, that all final decisions on mine plans, <br />operations, reclamation, Permits and other plans of operations shall be in the Company's sole <br />disc etion and control. 'rhe Company agrees to reasonable efforts to investigate and negotiate with <br />the essor mutually beneficial reclamation plans and other operations utilizing the Company's <br />equipment and expertise that will accommodate, facilitate and enhance Lessor's development of the <br />Property and use thereof after completion of the Company's operations. <br />j F. Lessor hereby authorizes the Company, at the Company's expense and in <br />Lessor's name, if required, to apply for zoning classifications, variances or exceptions, and <br />governmental approvals, Permits, licenses or rights related to and required for the Company's <br />ope ations hereunder, and agrees to cooperate with the Company in obtaining such approvals and to <br />exe ute or join in applications, plats and other documents which are required to obtain the same that <br />are easonably required in connection with the operations that are contemplated under this 'Lease; <br />provided, however, the Company shall provide bonds or other financial assurance for its operations, <br />incl-iding for the restoration, reclamation or rehabilitation of the Property, as may be required or <br />advisable to obtain such Permits and approvals. <br />G. Subject to Paragraph 7.1^1, below, in planning and conducting its operations on <br />the ? roperty, the Company will work with Lessor to minimize damage to crops and the oil and gas <br />operations potentially conducted on the Property. <br />I H. Lessor shall have the right in the future to continue farming operations on the <br />Property during the Term of this Lease, if and to the extent that those operations do not interfere in <br />any annex with the Company's current or planned operations. Any farm lease hereafter entered into <br />shat be made expressly subject to the Company's rights hereunder, and the Company shall have no <br />obii ation to pay Lessor or any farm tenant for damage to crops, provided the Company has given at <br />lea eight (8) months prior notice of its intent to utilize identified portions of the Property for its <br />mining and processing operations. If the Company shall undertake operations that damage or destroy <br />crops and shall have failed to provide eight months prior notice of such operations, the Company <br />shah pay Lessor or the farm tenant the reasonable value of any crops growing on the Property which <br />are destroyed or damaged by operations conducted by the Company on the Property under this Lease. <br />The Company shall fence its areas of operations to prevent the intrusion of livestock. <br />8. Liabilities. <br />A. The Company shall defend, indemnify and hold harmless Lessor fiom and <br />against any and all claims, demands, judgments, and liability, including reasonable attorneys fees and <br />expert fees, by or to any and all third parties resulting from the acts or omissions ofthe Company or <br />its agents, representatives, officers, employees, lessees and contractors in, on or about the Property. <br />B. Lessor shall defend and indemnify and hold harmless the Company and the <br />y's agents and employees from and against any and all claims, demands, judgments and <br />including reasonable attorneys fees and expert fees, by or to any and all third parties in any <br />-9-