Laserfiche WebLink
. . I IIIIII illll llllll 111 Illllll illll Illill 111 IIIII Illl IIII <br /> 3506739 09/20/2007 05:20P Weld County, CO <br /> 8 of 15 R 81.00 D 0.00 Steve Moreno Clerk&Recorder <br /> whichever is applicable, and all cleanup and remediation costs, fines and penalties associated <br /> therewith, including but not limited to any Claims arising from Environmental Laws or relating <br /> to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include <br /> the costs of any remediation undertaken voluntarily by any party, unless such remediation is <br /> performed under the imminent threat of a Claim by a governmental body or other third party; <br /> b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or <br /> order of any governmental authority(tes), which relate to or otherwise impose liability, <br /> obligation, or standards with respect to pollution or the protection of the environment, including <br /> but not limited to. the Comprehensive Environmental Response, Compensation and Liability Act <br /> of 1980, as amended(42 U.S.C. §9601 el seq.),the Resource Conservation and Recovery Act of <br /> 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 46% et seq.), the Safe <br /> Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 <br /> U.S.C. §§ 1801 et 9cx1.), the Clean Air Act, and the Toxic Substances Control Act(15 U.S.C, §§ <br /> 2601-2629); and <br /> C. Environmental Indemnification. KMG shall protect, indemnify, and hold <br /> harmless Gravel Company, homeowners association and any lot owner who purchases a lot from <br /> Gravel Company from any Environmental Claims relating to the Properly or oil and gas <br /> leasehold thereunder that arise out of KMG's ownership and operation of the Oil and Gas <br /> Operations Areas and it's ownership and operation of its Petroleum Pipeline Easements or <br /> rights-of-way on the Property. Gravel Company shall fully protect, defend, indemnify and <br /> hold harmless KMG from any and all Environmental Claims relating to the Property that <br /> arise out of Gravel Company's development of the Property. <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 five days of receipt of a Claim and shall affect <br /> such notice in all events within such time as will allow the indemnifying party to defend against <br /> 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 /> Page 8 <br /> Surface Use Agreement <br />