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• acquiring, at its expense, the necessary permits, if any, required by the State <br />of Colorado and /or the United States of America. Peabody agrees to reclaim all <br />mining sites subject to this Agreement pursuant to the Reclamation Provisions, <br />if any, of the referenced permits. <br />5. Peabody agrees to provide all necessary liability and property <br />insurance for Peabody's operations upon the described premises. Peabody hereby <br />molds the County harmless from any and all claims, damages, or demands what- <br />soever arising out of Peabody's operation on the described premises and hereby <br />agrees to indemnify the County if there should be any damages arising therefrom. <br />6. In the event of default of any of the parties, in any of the terms <br />hereof, the non - defaulting party shall have all rights and remedies allowed by <br />law. The non - defaulting party shall give the defaulting party written notice by <br />certified mail and the defaulting shall have thirty (30) days to correct said <br />default to avoid the remedy or remedies elected by the non - defaulting party. In <br />addition thereto, such non - defaulting party shall be entitled to recover its <br />reasonable attorney's fees incurred in the enforcement of its rights hereunder. <br />This Agreement shall be subject to and enforced pursuant to "the laws of the <br />State of Colorado. <br />7_ This Agreement or any interest herein shall not be assigned, sublet <br />or transferred without the prior written consent of the parties. No amendment <br />to this Agreement shall be valid unless in writing and executed by all parties <br />hereto. The parties do not assume any duty, obligation or liability of any <br />kind not expressly stated in this Agreement. <br />• THIS AGREEMENT shall be binding upon the parties hereto, their suc- <br />cessors, and assigns. <br />IN WITNESS WHEREOF, the parties have hereunto set their hands on the <br />day anj,jrearr first above written. <br />ATTEST: <br />B' <br />Ruth E. Heath, erk <br />and Recorder <br />COUNTY OF MONTROSE, <br />STATE OF COLORADO <br />BY <br />Arthur V. Schmalz rman <br />Deputy Clerk <br />ATTEST: PEABODY COAL COMPANY <br />BY BY �. <br />Secretary Ppdsident , Western Division <br />2 <br />S 'd SUL' °N 'au) `UOiJi?i slan.i ujalsaM - WdQ[:[ go87 '67'a 'Pw <br />Revised March 2010 (PR06) Attachment 2.05.3(3) -8 -3 <br />