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4. Spread the stockpiled topsoil as directed Grubers and the Mined Land <br />Reclamation Board to a minimum 4 inches and a maximum of 8 inches; <br />5. Seed the area for use as irrigated pasture with the type of seed and Quantity <br />per acre, recommended for the area by the Soil Conservation Service. <br />M. <br />MISCELLANEOUS <br />3.1 Eagan: The County shall be responsible for obtaining from the appropriate <br />governmental agencies all permits necessary for the operations contemplated under this <br />Agreement. Such permits shall be obtained before any operations, except the paragraph 2.7- <br />access improvements, is commenced. <br />32 Governmental Remotions: The County, in its operations, shall comply with all <br />applicable governmental regulations including, but not limited to, those of the Federal <br />Environmental Protection Agency, Colorado State Regulations relating to noise levels and dust <br />control measures, and in nowise permit its operations to become a nuisance, public or private. <br />3.3 Hours: Except in the event of a bona fide emergency, the County gall <br />conduct its operations between the hours of 5:00 a.m. and 10:00 p.m. <br />3.4 Insurane and Trrdemnificetion: Each party shall insure, indemnify and hold <br />harmless the other party from any and all liability to any third party for injury or damage to <br />person or property caused by the indemnifying party's acts or omissions. This indemnification <br />shall include any claim made by an officer, agent or employee of the County against Grubers <br />arising under this Agreement and the contemplated operations by the County under it. <br />Indemnification shall include all costs, including attorney's fees, incurred by the <br />county or Grubas in defending any third-party claim arising as a result of the acts or omissions <br />of the indemnifying party. <br />3.5 Penh Headings: The paragraph and section headings employed herein are for <br />convenience of reference only and shall in nowise be construed so as to enlarge or proscribe the <br />substantive meaning of any portion of this Agreement. <br />3.6 't� on: Any litigation which arises under this Agreement shall be conducted <br />in the district Court of Delta County before a Judge not regularly assigned to this Court. <br />The Party ultimately prevailing in any such litigation shall be entitled to an award <br />of its reasonable attorney's fees as portion of its costs awarded in its judgment. <br />3.7 No Oral Age: This instillment contains the entire Agreement between the <br />parties and each acknowledges that no oral representation is being relied upon in its execution. <br />This Agreement may be amended in writing only. <br />Page 3 of 4 <br />sttco1OrevelPiaNmaint: eerAgiomaea, <br />