2011-03-14_REVISION - M1977493 ‎(47)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/14/2011
• Doc Name: Exhibit List, Exs. 34 to 38
• From: Climax
• To: MLRB
• Type & Sequence: AM6
• Media Type: D
• Archive: No

CMO001147
•
with the terms and conditions, if any, of such approval and all
applicable federal, state and local construction, permitting
and safety requirements. In the event Climax ceases use of the
New Pipeline, Bench Lines or Utilities, Climax shall remove the
New Pipeline, Bench Lines or Utilities and repair all damage
caused by such removal. Upon removal of the New Pipeline,
Bench Lines and the Utilities, the New Pipeline, Bench Lines
and Utilities easement shall automatically terminate and Climax
shall execute and deliver to the Company a termination of the
easement granted by the Company. Climax hereby agrees to
indemnify, defend and hold harmless the Company, its officers,
directors and.shareholders from any loss, cost, liability or
expense resulting from Climax's construction, operation,
maintenance or.removal of the-New Pipeline, Bench Lines or
Utilities, and shall; within 3 days after receipt of written
notice from the-Company,. pay or obtain a bond for payment of.
any mechanics' lien filed against the Property arising from
construction, operation, maintenance.or removal of the.New
Pipeline, Bench Lines or Utilities. The foregoing
indemnification shall survive the Closing and delivery of the
deed contemplated hereunder.
9. Discharge Permit. (a) The discharge of water
into Tenmile Creek from the Reservoir and certain tailing
ponds; canals and ditches used in the operation of the Climax
facilities located-in Summit County are subject to and must
comply with the terms of the NPD.ES Discharge Permit No.
Co-0000248, issued in the name of Climax (the "Discharge
Permit"'). Climax agrees that for so long as the discharge of
water from.the Reservoir is subject to the terms of the
Discharge.Permit, Climax shall (1) comply with all of the terms
and provisions of the Discharge Permit, (2) maintain the
Discharge Permit in full force and effect at Climax's sole
expense, (3) take all actions necessary to ensure that any
discharge of water pursuant to the Discharge Permit will not in
any manner restrict the Company's operation of the Reservoir or
otherwise restrict the Company's ability to release water from
the Reservoir for any reason. The Discharge Permit and any
other permits related thereto or required thereby shall be in
the name of Climax, and the Company shall have no obligation or
liability under such permits.
(b) At closing, Climax shall grant or obtain the
grant to the Company of all easements.across real property
owned by Climax or. its affiliates necessary for the .
construction by the Company of a_ditch or pipeline (the
"Discharge Bypass") to carry water released from the Reservoir
directly into Tenmile.Creek without being discharged upstream
of climax's waste discharge point as established by its
Discharge Permit. Climax further agrees that, if in the future
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