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representatives relating to the use, occupancy, exercise or operation of the property interests or
<br />rights granted to Lessee pursuant to this Agreement, including, but not limited to, the violation of
<br />any applicable law or regulation or of the terms and conditions of the Permit(s), or (ii) any
<br />misrepresentation or breach of any covenant, agreement, obligation, representation or warranty
<br />on the part of Lessee herein contained.
<br />Likewise, Lessor covenants and agrees to indemnify, defend and save Lessee, its
<br />shareholders, officers, directors, employees and affiliates harmless from all costs, expenses,
<br />damages, fees, liabilities, obligations, penalties, charges, disbursements and claims of other
<br />parties, both direct and indirect (including, without limitation, reasonable attorneys' fees and court
<br />costs), which arise out of or are asserted, either in whole or in part, directly or indirectly, because
<br />of (I) any act or omission by lessor or its contractors, employees, agents or representatives
<br />relating to the use, occupancy, exercise or operation of the property interests or rights granted to
<br />Lessor pursuant to this Agreement, including but not limited to, the violation of any applicable law
<br />or regulation or of the terms and conditions of the Permits, or (ii) any misrepresentation or breach
<br />of any covenant, agreement, obligation, representation or warranty on the part of Lessor herein
<br />contained.
<br />10. Insurance. In addition to, and not in limitation of, any obligation to indemnify
<br />Lessor under Section 9 hereof, Lessee covenants and agrees, at its sole cost and expense, to
<br />procure and maintain in full force and effect, the following insurance coverage. Lessee's absolute
<br />and complete liability for indemnification for the conditions covered by Insurance as provided for
<br />herein.
<br />The following described shall be:
<br />(A) Comprehensive general liability insurance against claims for bodily injury,
<br />death and property damage occurring on or about the New Elk Facility in an amount not less than
<br />One Million Dollars ($1,000,000.00) in respect to bodily injury or death arising out of any one
<br />occurrence and not less than Two Million Dollars ($2,000,000.00) in respect of bodily injury, death
<br />or property damage in the aggregate during any one policy year. In addition, Lessee will carry
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