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d. The Company hereby agrees to apply for zoning classifications, <br />variances or exceptions, and governmental approvals, permits, licenses <br />or rights related to and required for the Company's operations <br />hereunder, at the Company's cost. The Lessor agrees to cooperate <br />with the Company in obtaining such approvals and to execute or join <br />in applications, plats and other documents which are required to obtain <br />the same that are reasonably required in connection with the operations <br />that are contemplated under this Lease; provided, however, the <br />Company shall provide bonds or other financial assurance for its <br />operations, including for the restoration, reclamation or rehabilitation <br />of the Property, as may be required or advisable to obtain such permits <br />and approvals. <br />e. Lessor shall have the right to continue use of the surface of the <br />Property during the Term of this Lease. The reserved surface use <br />includes, but may not be limited to, residential, water hauling <br />operations; equipment storage, cow -calf livestock operations, and hay <br />stack yard. Any lease or other agreement for such use shall be made <br />expressly subject to the Company's right hereunder, and the Company <br />shall have no obligation to pay Lessor or any surface use for impairing <br />such use in connection with the Company's operations hereunder. <br />6. Waiver of Lateral Support. Lessor hereby waives the lateral support for <br />mining purposes for the portions of the Property abutting boundary lines <br />between the Property and adjacent properties that are or hereafter be owned or <br />leased by the Company. <br />7. Liabilities. <br />a. Company shall defend and indemnify and hold harmless the Lessor <br />and Lessor's agents and employees from and against any and all <br />claims, demands, judgments and liability, including reasonable <br />attorney fees and expert fees, by or to any and all third parties that may <br />arise as a result of the negligent acts or omissions of Company or its <br />agents, representatives, officers, employees, lessees and contractors, in <br />or about the Property. <br />b. Lessor shall defend and indemnify and hold harmless the Company <br />and the Company's agents and employees from and against any and all <br />claims, demands, judgments, and liability, including reasonable <br />attorneys fees and expert fees, by or to any and all third parties in any <br />way related or connected to the use or operations or Lessor on the <br />Property while this Lease is in effect, or the presence of Lessor or <br />2 <br />