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b. any permits, licenses, authorizations, or studies required by the United
<br /> States Government or any state, county or municipal governmental authority either before or
<br /> after Sunnyside completes the reclamation of the site described in the Work Plan, including, but
<br /> not limited to, discharge permits required by the Colorado Water Quality Control Division;
<br /> C. any costs of removal or remedial action incurred or claimed by the United
<br /> States Government or any state, county or municipal governmental authority, any response costs
<br /> incurred by any other person or damages from injury to, destruction of, or loss of natural
<br /> resources, including reasonable costs of assessing such injury, destruction or loss, incurred or
<br /> claimed 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;
<br /> d. liability for any personal injury or property damage arising or claimed
<br /> under any statutory or common law 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 on the
<br /> date of this Agreement or coming into existence thereafter; and/or
<br /> e. Sunnyside's performance of or failure to perform this Agreement.
<br /> f. The term "Hazardous Material" means (i) any hazardous or toxic
<br /> substance, material or waste, including, but not limited to, those substances, materials, and
<br /> wastes listed in the United States Department of Transportation Hazardous Materials Table (49
<br /> CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part
<br /> 302) and amendments thereto and replacements therefor; or (ii) Such substances, materials or
<br /> wastes as are regulated by the Resource Conservation and Recovery Act of 1976 or the
<br /> Comprehensive Environmental Response, Compensation and Liability Act of 1980, any
<br /> amendments thereto or orders, regulations, directions, or requirements thereunder; or (iii) such
<br /> hazardous or toxic substances, materials or wastes that are or may become regulated under any
<br /> other applicable county, municipal, state or federal law, rule, ordinance, direction, or regulation.
<br /> 7. Grantor's Operations. Grantor reserves the right to occupy, use, or rent the surface
<br /> of the Subject Land subject to the terms of this Agreement and in a manner that will neither
<br /> restrict nor impair Sunnyside's rights on the Subject Lands.
<br /> 8. Grantor's Consent and Cooperation. Grantor shall consent to and otherwise
<br /> cooperate with Sunnyside in obtaining any license, permit, or authorization, which may be
<br /> required by federal, state, or local laws, rule or regulation, and shall execute any instrument
<br /> which may be required therefor. Grantor further agrees to grant and by this Agreement does
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