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.� ON <br /> (c) Sunnyside will preserve so far as practical <br /> estate by maintaining gates and cattle guards u the integrity of fencing work areas and pits, if necessary is the surface <br /> upon openings made in existing fences, <br /> and place the use of explosives so far as pra�tipableCrle restricting use <br /> restricting in time <br /> and interference with surface uses of Baumgartner work and not covered su the Work Plan. ng use of off-road vehicles <br /> when not required for reclamation <br /> (d) Sunnyside will conduct all operations hereunder ' <br /> efficient, and workmanlike manner, in accordance with soon9ineering and mining <br /> industry practices. den m a prudent, <br /> (e) On completion of the reclamation, Sunnyside will <br /> portions of the surface impacted b S reclaim those <br /> &rumgartner in a w Y Sunnyside to a condition of use suitable for use by <br /> ay the Subject Land was previously used. <br /> S. Woes- Baumgartner acknowledges that neither agent or representative of S <br /> or impliedly, that the reclamation work will es er Sunnyside, nor any <br /> Promises, or represents, either expressly <br /> arise from the enforcement of local state laminate any and all liabilities which may <br /> regulations, including with respectand/or federal statutes, laws <br /> environmental condition with <br /> u to the presence of - rules or <br /> waives any such warranties. Pon, under, or withinany hazardous material or <br /> the Subject land._ Baumgartner <br /> 6. Indemni . 13cxumgartner here waives, releases, indemnifies, holds harmles , �do en <br /> absolutely, unconditionally and inevocabl <br /> directors, officers, employees, agents, ants not to sue Sunnyside, Y <br /> suits, actions, debts, g affiliates and successors, for an its <br /> dcanages, costs, losses, obli anions 'ud Y and all claims, <br /> Permits, violations of local, stateral Obligations, judgments, charges, licenses, <br /> amY nature whatsoever suffered or incurred statues and regulations, card expenses, of <br /> Y Baumgartner with respect to: <br /> (a) Any discharge of hazardous material, the threat <br /> hazardous material, or the presence of anous °f a discharge of any <br /> P <br /> Land, whether or not same originates or emanates froma material affecting <br /> known or unknown m the Subject g the Subject <br /> and whether existing on the date of this Agreement ol..Tu ether <br /> existence thereafter; <br /> coming into <br /> (b) Any Permits, licenses United States Government or anystate, county or munici arut municions, or studies required <br /> Sunnyside completes the reclamationpal governmental authority after <br /> of the Mine under the Work Plan, including, but not <br /> limited to, discharge permits required by the Water Quality Control Division; <br /> (c) Any costs of removal or remedial action incurred b th <br /> Government or any state, county or municipal <br /> costs incurred b Y e United States <br /> Y any other person or damages governmental authority, any response <br /> natural resources, including reasonabl t of from <br /> injury <br /> such)u to, destruction of, or loss of <br /> assessing h injury, destruction or <br />