2011-09-07_REVISION - M2003058 (7)

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6. INDEMNIFICATION AND INSURANCE. Lessee agrees to indemnify Lessor against and save Lessor harmless from any and all demands, claims, causes of action or judgments, and any and all expenses incurred in investigation or resisting the same, for injury to person, loss of life or damage to property occurring during the term of this Lease and occurring on the Premises arid arising out of Lessee's use and occupancy thereof. To secure the foregoing covenant of indemnification, Lessee shall at its own cost and expense and at all times during the term of this Lease, maintain bodily injury public liability insurance against such claims for personal injury or death for a combined limit of not less than $1,000,000 each occurrence, which insurance shall name the Lessor as an additional insured. All policies of insurance required by this paragraph to be carried and maintained by Lessee shall be for the mutual and joint benefit and protection of the parties. Copies of such policies of insurance shall be delivered to the Lessor, when procured, and as often as any such policy or policies shall expire or terminate, renewal or additional policies shall be procured and maintained by Lessee in like manner and to like extent. All such policies shall contain a clause or endorsement to the effect that such policies may not be terminated or materially amended except after at least ten day's written notice thereof to Lessor. Lessee may, at its option, bring its obligation to insure under this paragraph within the coverage of any so- called blanket policy or policies insurance which it may now or hereafter carry by appropriate amendment, rider, endorsement or otherwise; provided, however, that the interests of Lessor shall thereupon be as fully protected as they would be otherwise if this option to use blanket policies were not permitted. At all times during this Lease, Lessee shall keep and maintain in full force and effect Workmen's Compensation Insurance pursuant to Colorado law and shall comply in all respects with any Colorado and Federal laws pertaining to employment of persons on the Premises. 7. ACCESS, Lessor hereby grants to the Lessee a non - exclusive right of ingress and egress to the Premises over and upon an existing road on land owned by Lessor which provides access from the Premises to Colorado State Highway 14, 8. ASSIGNMENT, Lessee shall have the right to enter into agreements with third parties for the actual processing, sale and removal of materials from the Premises. Any activities conducted by such third parties shall fully comply with all terms and provisions of this Gravel Mining Lease, and, in accordance with such terms, Lessor shall remain fully responsible for all activities conducted upon the Premises. 9. ADDITIONAL PROVISIONS. (a) No assent, either express or implied, to any breach or default of any one or more of the provisions of the Agreement shall be deemed to be a waiver of any succeeding breach or default. (b) Each party agrees that this is the full and complete Agreement between the parties and that there are no oral representations which have not been incorporated into this Agreement. (c) All modifications to this Agreement must be in writing and signed by the respective pasties in order to be binding. No oral modification will be of any effect. (d) In the event legal action is instituted to interpret or enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover a reasonable attorney fee as part of their damages.