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E <br />19ov-12-04 03:42po From -VULCAN MkTERIALS CO. 3232561583 T-470 P.O06/O11 F-616 <br />kind or nature as may be necessary from all applicable <br />governmental, agencies relating to CPC's use of the Premises. <br />while on the Premises, CPC shall comply, and shall cause all <br />of its agents on the Premises to comply, with all applicable <br />governmental laws and regulations. <br />3. Storage ;n Accordance With Reelanation Plan. <br />CPC shall perform, at its sole cost and expense, the <br />compaction or other processing of the Waste Rock to be <br />stored- on the Premises in accordance with that certain <br />Reclamation Plan 84X-005, dated<rebruary 9, 1984, covering <br />the Premises and shall comply with all other reasonable <br />guidelines hereinafter established by Calmat.such <br />Compaction shall be completed in a manner sufficient to <br />provide for structurally sound building sites. <br />4. Performance of work. At all times during the <br />term of this Agreement, all Work undertaken by CPC or its <br />agents pursuant to this Agreement shall be accomplished in <br />the most expeditious manner reasonably practicable. in <br />exercising its rights hereunder, CPC shall -take reasonable' <br />steps necessary -to minimize any damage, disruption or <br />inconvenience caused by such work to Ca1Mat and to all other <br />persons granted permission or otherwise entitled to use the <br />Premises ("Third Parties"),, and shall make adequate <br />provisions. for the safety of calmat and such Third parties. <br />5. <br />RED-911:9. CPC shall repair, at. its ow3m <br />expense, any and all damage caused to the Premises by its <br />entry and work thereon, and shall restore each portion of the <br />Premises at the conclusion of its work thereon to a condition <br />Which is equal to'or better than its condition prior to the <br />commencement of such work. <br />6 Exculpation o Ca1Hat. CdlKat shall not be <br />liable for any loss, damage or injury of any kind or nature <br />to any person or property arising from any use of the <br />Premises by CPC or Calmat -or any of their respective agents, <br />or caused by or arising from any act or omission of CPC of <br />Ca2Hat or any of their respective agents, or caused by or <br />from any accident on the premises or any fire or other <br />casualty thereon occasioned by the failure of CPC or _Calmat <br />to maintain the Premises in safe condition, except Where the <br />same arises from CalHat's gross negligence or willful <br />misconduct. As'a material part of the consideration of this <br />Agreement, CPC hereby waives all claims and demands against <br />Calmat and all Third parties for any such loss, damage or <br />Injury to cpc, and hereby agrees to indemnify and hold CalMat <br />and all Third Parties entirely free and harmless from all <br />liability for any such loss, damage or injury, and from all <br />costs and expenses related thereto, including reasonable <br />attorneys' fees, except where the same arises from Calmat's <br />gross negligence or willful misconduct. <br />scottnutuc�.ur 2 <br />