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l Nov-12-04 03:42pm From-VULCAN MATERIALS CO. 3232501503 T-470 P.006/011 F-610 kind or nature as may be necessary from all applicable governmental, agencies relating to CPC's use of the Premises. While on the Pretaises, CpC shall 'comply, and shall cause all of its agents on the premises to comply, with all applicable governmental laws and regulations. 3. Storage In XccoraLlirth, Rees amati9n Plena CPC shall perform, at its sole cost and expense, the compaction or Other processingofthe waste Rock to be stored on the Premises in Accordance with that certain Reclamation Plan 8411-005, dated February 9, 1984,* covering the 'Premises and shall comply with ail other reasonable guidelines hereinafter established by Calmat. Such compaction shall be completed in a manner sufficient to -provide for structurally sound building sites. 40 p ormance- of iaork. At all times during the term of this _Agreement, all work undertaken by cpc- or its - agents pursuant to this Agreement shall be accomplished in the most expeditious manner reasonably practicable. In exercising its rights hereunder, CPC shall take reasonable steps necessary-to minimize any damage, disruption or inconvenience caused by such work to CalKat and to all other persons granted permission or otherwise entitled to use the Premises (*Third Parties"), and shall make adequate provisions. for the safety of CalMat and such Third Parties. S. REnalta. CPC shalt repair, at its own expense, any and all damage caused to the Premises by its entry and work thereon, and shall restore each portion of the i Premises at the conclusion of its work thereon to a condition Which 3s equal to or better than its condition Priortothe commencement of such work. 6. Fxculaatior, of Ca1Mr,t. Calmat shall not be liable for any,loss, damage or injury of any kind or nature to any person or property arising from any use of the Presaises by CPC or CalHat or any of their respective agents, or caused by or arising from any act or omission of CPC or CalHat or any of their respective agents, or caused by or from any accident on the Premises or any fire or other casualty thereon occasioned by the failure of CPC or Calmat to maintain the Premises in safe condition, except where the same arises from Calrlat*s gross negligence or willful misconduct. As a material part of the consideration of this Agreement, CPC hereby waives all claims and demands against Ca2mat and all Third Parties for any such loss, damage or injury ,to CPC, and hereby Agrees to indemnify and hold Calmat and all Third Parties entirely free and harmless from all liability for any such loss, damage or injury, and from all costs and expenses related thereto, including reasonable attorneys* fees, except where the same arises from Calmat's gross negligence or willful misconduct. saot(ut� �c+s.�►ct