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

accurate.
paid all
Property;
u
CM0001149
and complete in all material respects, and Climax has
taxes accruing from its ownership and operation of the
(5) Climax has not retained any broker, agent.or
finder to sell or obtain a buyer for the Property except
Mountain Marketing Associates, Ltd., to whom it has agreed to
pay at Closing a commission in the amount of 6% of the Purchase
Price. Climax shall indemnify and hold the Company harmless
for any liabilities for brokers' or agents' fees or
commissions;
(6) The Reservoir dam, outlet works and spillway
currently comply with all applicable regulations and statutes
governing dam construction and maintenance;
.(7) There are no permits or licenses required by
any governmental. entity to'operate the Property, or to which
the Property is subject, other than the Discharge Permit
described in Section 9(a) above and a Mined Land Reclamation
Board Permit No. 7-7-493 (the "MLRB Permit"), relating to
reclamation of sites other than the Property upon completion of
mining activities thereon. Climax agrees promptly to take all
action and execute all documents necessary to remove the
Property from the scope of the MLRB Permit, and further agrees
to indemnify and hold the Company.harmless from any and all
liability, loss, cost or expense incurred by the Company to
sever the Property from the MLRB Permit upon Climax's failure
to'do so, or arising from or relating to any reclamation
obligations imposed upon the Company pursuant to the MLRB
Permit;
(8) Climax will have good and marketable title
to the Clinton Canal, and there will exist.no lien or
encumbrance on the Clinton Canal which could result in the
termination of the Canal Easement (as defined section 8(a)
above) as.the result of a foreclosure or other action upon
real property constituting the Clinton Canal; and
(9) There are no pollutants or hazardous or
toxic wastes or substances, as such are defined in Section
above or in the Comprehensive Environmental.Response and
Compensation Act,. 42 U.S.C: Section 9600 at sea. or the
Resource Conservation and Recovery Act, 42 U.S.C. Section
et sea., on or in.the Property.
(b) Climax
Company harmless from any
including but not limited
the
5 (b)
6900
hereby agrees to defend and hold,the
loss, cost, liability or expense,
to attorneys' fees and costs,
IJ
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