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loss, incurred pursuant to any hazardous material laws, including, but not limited to, the <br /> Comprehensive Environmental Response Compensation and Liability Act of 1980 and its <br /> subsequent amendments; and/or <br /> (d) Liability for personal injury or property damage arising under any <br /> statutory or common law tort theory, including, without limitation, damages assessed for <br /> the maintenance of a public or private nuisance or for the carrying on of an abnormally <br /> dangerous activity at the Subject Land, whether known or unknown, and whether existing <br /> on the date of this Agreement or coming into existence thereafter. <br /> (e) The term "Hazardous Material" means (i) any hazardous or toxic <br /> substance, material or waste, including, but not limited to, those substances, materials, <br /> and wastes listed in the United States Department of Transportation Hazardous <br /> Materials Table (49 CFR 172.101) or by the Environmental Protection Agency as <br /> hazardous substances (40 CFR Part 302) and amendments thereto and replacements <br /> therefore; or(ii) such substances, materials, or wastes as are regulated by The Resource <br /> Conversation and Recovery Act of 1976 or The Comprehensive Environmental Response, <br /> Compensation and Liability Act of 1980, any amendments thereto or orders, regulations, <br /> directions, or requirements thereunder; or (iii) such hazardous or toxic substances, <br /> materials or wastes that are or may become regulated under any other applicable <br /> county, municipal, state or federal law, rule, ordinance, direction, or regulation. <br /> 7. Baumggdner's Operations. Baumgartner reserves the right to occupy, use, <br /> or rent the surface of the Subject Land until such time as Sunnyside notifies Baumgartner <br /> of its intention to commence operations permitted hereunder, and after such notice <br /> Baumgartner reserves the right to occupy, use, or rent all portions of the surface of the <br /> Subject Land not affected or to be affected by Sunnyside's activities. Baumgartner <br /> further reserves the right to Iease the premises for the purpose of exploring for and <br /> producing minerals therefrom to the extent that such exploration or production does not <br /> interfere with Sunnyside's operations. <br /> 8. Baurngartner's Consent and Cooperation. Baumgartner shall consent to <br /> and otherwise cooperate with Sunnyside in obtaining any license, permit, or <br /> authorization, which may be required by federal, state or local laws, rule or regulation, <br /> and shall execute any instrument which may be required therefor. Baumgartner further <br /> grants access to employees or representatives of the Colorado Department of Public <br /> Health and Environment for the purpose of inspecting the work to be performed by <br /> Sunnyside on the Subject Land. <br /> 9. Taxes. Baumgartner shall pay all ad valorem or other property taxes levied <br /> and assessed against the Subject Land. <br /> 10. Force Majeure. Whenever the time for performance by Sunnyside of any <br /> act hereunder is limited and the performance thereof is hindered, prevented, or delayed <br /> by any factor or circumstance beyond the reasonable control of Sunnyside, such as <br />