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1 111111 11111 111111 11111 1111 11111 1111111 III 111111111 tIll <br />3591169 11121/2008 02:18P Weld County, CO <br />8 of 22 R 111.00 D 0.00 Steve Moreno Clerk & Recorder <br />14. EXCLUSION FROM INDEMNITIES. <br />The indemnities of the parties herein shall not cover or include any amounts which the <br />indemnified Party is actually reimbursed by any third party. The indemnities in this Agreement <br />shall not relieve any Party from any obligations to third parties. <br />15. NOTICE OF CLAIM FOR INDEMNIFICATION. <br />If a Claim is asserted against a Party for which the other Party would be liable under the <br />provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying Party's <br />obligations hereunder that the indemnified party give the indemnifying party written notice of <br />such Claim setting forth all particulars of the Claim, as known by the indemnified Party, <br />including a copy of the Claim (if it is a written Claim). The indemnified Party shall make a good <br />faith effort to notify the indemnifying Party within ten (10) days of receipt of a Claim and shall <br />affect such notice in all events within such time as will allow the indemnifying Party to defend <br />against such Claim. <br />16. REPRESENTATIONS. <br />Each Party represents that it has the full right and authority to enter into this Agreement. <br />KMG does not represent that it has rights to settle matters for all of the mineral owners or any <br />other lessees in the Property and this Agreement shall only apply to and bind the KMG leasehold <br />interest in the Property. <br />17. SUCCESSORS. <br />The terms, covenants, and conditions hereof shall be binding upon and shall inure to the <br />benefit of the Parties and their respective heirs, devises, executors, administrators, successors and <br />assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees <br />under the oil and gas leases which KMG owns. <br />18. TERM. <br />This Agreement shall become effective when it is fully executed and shall remain in full <br />force and effect until the earlier to occur of the following: (a) KMG's leasehold estate expires or <br />is terminated, and KMG has plugged and abandoned all wells and complied with the <br />requirements of all applicable oil and gas leases pertaining to removal of equipment, <br />reclamation, cleanup and all other applicable provisions of the leases and existing laws and <br />regulations or (b) ASCI's sand, gravel and aggregate mining reserves are exhausted and ASCI <br />has complied with the requirements of it's Mining Permit pertaining to removal of equipment, <br />reclamation, cleanup and all other applicable provisions of the Mining Permit and existing laws <br />and regulations. When this Agreement ceases to be in full force and effect, the Parties shall <br />execute any and all releases necessary to evidence the fact that this Agreement shall no longer <br />apply to the Property <br />19. NOTICES. <br />8 <br />Surface Use Agreement <br />