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s? <br />a? <br />• <br />with the terms and conditions, if any, of such approval and all <br />applicable federal, state and local construction, permitting <br />and safety requirements. In the event Climax ceases use of the <br />New Pipeline, Bench Lines or Utilities, Climax shall remove the <br />New Pipeline, Bench Lines or Utilities and repair all damage <br />caused by such removal. Upon removal of the New Pipeline, <br />Bench Lines and the Utilities, the New Pipeline, Bench Lines <br />and Utilities easement shall automatically terminate and Climax <br />shall execute and deliver to the Company a termination of the <br />easement granted by the Company. Climax hereby agrees to <br />indemnify, defend and hold harmless the Company, its officers, <br />directors and shareholders from any loss, cost, liability or <br />expense resulting from Climax's construction, operation, <br />maintenance or removal of the New Pipeline, Bench Lines or <br />Utilities, and shall, within 3 days after receipt of written <br />notice from the Company, pay or obtain a bond for payment of <br />any mechanics' lien filed against the Property arising from <br />construction, operation, maintenance or removal of the New <br />Pipeline, Bench Lines or Utilities. The foregoing <br />indemnification shall survive the Closing and delivery of the <br />deed contemplated hereunder. <br />9. Discharge Permit. (a) The discharge of water • <br />into Tenmile Creek from the Reservoir and certain tailing <br />ponds, canals and ditches used in the operation of the Climax <br />facilities located in Summit County are subject to and must <br />comply with the terms of the NPDES Discharge Permit No. <br />CO-0000248, issued in the name of Climax (the "Discharge <br />Permit"). Climax agrees that for so long as the discharge of <br />water from the Reservoir is subject to the terms of the <br />Discharge Permit, Climax shall (1) comply with all of the terms <br />and provisions of the Discharge Permit, (2) maintain the <br />Discharge Permit in full force and effect at Climax's sole <br />expense, (3) take all actions necessary to ensure that any <br />discharge of water pursuant to the Discharge Permit will not in <br />any manner restrict the Company's operation of the Reservoir or <br />otherwise restrict the Company's ability to release water from <br />the Reservoir for any reason. The Discharge Permit and any <br />other permits related thereto or required thereby shall be in <br />the name of Climax, and the Company shall have no obligation or <br />liability under such permits. <br />(b) At closing, Climax shall grant or obtain the <br />grant to the Company of all easements across real property <br />owned by Climax or its affiliates necessary for the <br />construction by the Company of a ditch or pipeline (the <br />"Discharge Bypass") to carry water released from the Reservoir <br />directly into Tenmile Creek without being discharged upstream • <br />of climax's waste discharge point as established by its <br />Discharge Permit. Climax further agrees that, if in the future