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RIGHT OF FIRST REFUSAL Jerald D. and Linda Woitaszewski hereby unconditionally and irrevocably grant to Southern Public Power District, for a term of five (5) years, a Right of First Refusal. Before Jerald D. and Linda Woitaszewski may sell the Property to any third party, Jerald D. and Linda Woitaszewski shall first offer the Property to Southern Public Power District on the same terms and conditions as are offered by the third party. Southern Public Power District shall have ten (10) days during which to accept said offer. If Southern Public Power District does not accept said offer within said period, Jerald D. and Linda Woitaszewski shall be free to accept the third - party offer. INDEMNIFICATION 201402274 The GRANTEE(S), their heirs, successors, and assigns hereby agree to indemnify, release, defend, and hold harmless Southern Public Power District, its employees, agents, assigns, and successors from and against any liability, judgment, claim, penalty, fine, or other adverse action (whether legal or equitable in nature, and including without limitation, court costs and attorneys' fees) brought against Southern Public Power District after the date of this transfer by any person or entity under any Federal, State, or local law, including but not limited to environmental and tort laws, with respect to: (a) any lead -based paint and /or asbestos - containing building material associated with the property; (b) violations of Federal, State, and local laws and regulations which are now or may in the future become applicable to the property, subject to the remedial action, covenant, and warranty provided above by Southern Public Power District, and (c) releases or threatened releases on the property, or into the environment, of solid or hazardous waste, hazardous substances, or oil or petroleum products or their derivatives, after the date of this Deed]. This covenant to indemnify, release, defend, and hold harmless Southern Public Power District shall survive the subsequent conveyance of all or any portion of the property to any person and shall be construed as running with the real property, and may be enforced by Southern Public Power District in a court of competent jurisdiction. RECORDING Grantee shall cause this Deed to be duly recorded in the Hall County Registry of Deeds within thirty (30) days after the date of the last required signature, and shall, within thirty (30) days thereafter, provide the USA and EPA with a copy of such recorded Deed, duly certified by the Register of Deeds. 16