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and in consideration thereof agree to indemnify and hold harmless <br /> each other for any claims, damages, liabilities or actions whether <br /> in law or in equity, which arise out of any act or occurrence on such <br /> property as is 'being used by Redstone or those acting by or under <br /> it, and by Anschutz or those acting by or under it. <br /> 9. Anschutz agrees to use its best efforts to obtain <br /> a Waiver' or Agreement to the conveyances herein contemplated from <br /> Utah International, Inc. ; provided, however, that agreement or waiver <br /> of Utah International, Inc. , shall not be construed to be a condition <br /> precedent to the closing as described above. <br /> 10. Anschutz and Redstone will jointly and severally enter <br /> into such agreements with the Town of Carbondale and Garfield County <br /> as may be necessary for the full use and enjoyment of the tracts <br /> described above and the roadway. <br /> 11. The parties will share equally in the cost of construction <br /> of the road to be built according to County standards; provided, that <br /> neither party will be obligated to pay for paving unless such party <br /> has approved in advance of construction an estimated amount to be <br /> paid by it. Anschutz will pay Eldorado Engineering Company for its <br /> services up to an amount which equals that sum already paid to said <br /> Company by Redstone or *ti d-Continent for survey of Tracts 1, 1-A and <br /> 2; thereafter, the costs of surveying and engineering shall be shared <br /> equally. <br /> 12. All costs incurred in the acquisition of any additional <br /> property required for the said roadway shall be borne equally by the <br /> parties hereto, to the extent such acquisitions and cost have been mutually <br /> agreed to by the parties. Each party will keep the other fully informed <br /> as to any contemplated expenditures to be shared, will request agreement <br /> to such expenditures either irally or in writing, and reimbursement will <br /> be made within 30 days after billing, upon submission of statement and <br /> detailed accounting therefor. <br /> 4 - <br />