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17. Indemnification. (1) Subject to the terms and conditions of this Article 18, Colorado Stone <br />agrees to indemnify, defend and hold harmless Town from, against, for and in respect of any <br />and all losses asserted against, or paid, suffered or incurred by Town, to the extent that such <br />losses are resulting from, based upon, and arising out of: <br />A. a material breach of any of Colorado Stone obligation provided herein; <br />a default to carry its business in compliance with Environmental, Health & <br />Safety Laws; <br />(2) Subject to the terms and conditions of this Article 18, the Town agrees to indemnify, defend <br />and hold harmless Colorado Stone from, against, for and in respect of any and all losses asserted <br />against, or paid, suffered or incurred by Colorado Stone, to the extent that such losses are <br />resulting from, based upon, or arising out of: <br />A. a material breach of any of its obligation provided herein; <br />B. any disposal of used oil or of hazardous waste or any environmental <br />incident that occurred upon or at the Premises prior to the date of this <br />Agreement; <br />(3) A claim for indemnification pursuant to Section 17 shall be made by the party seeking <br />indemnification hereunder by delivery of a written notice to the party against whom <br />indemnification hereunder is soughtiequesting indemnification and specifying in reasonable detail <br />the basis on which indemnification is sought and the amount of asserted losses and, in the case of <br />a third party claim, containing (by attachment or otherwise) such other information as the <br />indemnity shall have concerning such third party claim. <br />19. Property taxesin the event that the County of Gunnison successfully imposes property <br />taxes on the property Colorado Stone shall be responsible to reimburse the Town for all said <br />assessments. <br />20. Access. The Town and its authorized representatives shall have the right to enter the <br />Premises at all reasonable hours to inspect the same, to make repairs, or for any lawful <br />purpose. <br />WHEREFORE, this Agreement is entered into between the parties as of the date first written <br />above. <br />ATTEST: <br />TOWN OF MARBLE <br />By <br />Hal Sidelinger, Mayor <br />5 <br />