2019-05-23_REVISION - M1996052 (6)

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L.. G. Evetist, Incorporated Attn: .Jim Sittner 2009 Page 3 gas wells, so long as the area is backfilled to 150'., Further, Everist shall be entitled to mine up to 50' of other surface facilities so long as such mining is accompanied by appropriate reclamation, 8 Everist will execute any COGCC property line waivers, if necessary, as well as other COGCC waivers that may be necessary to drill the wells identified in Paragraphs 2 and 3 at the locations specified in Paragraphs 2 and 3 of this surface agreement, The waivers will be presented to Everist by KMG promptly and signed by Everist on or before September 18, 2009.. 9. Both KMG and Everist shall support and not object to any permit or land use applications either may file so long as such applications are consistent with this letter agreement 10. After the execution of this letter, KMG will seek to enter into a final surface use agreement with Everist as soon as reasonably possible, however, this letter grants KMG Everist's consent to conduct its operations on the referenced property before that agreement is finalized. KMG may use this letter to demonstrate the COGCC that KMG and Evetist have consulted and that Everist has agreed to KMG's oil and gas operations at the surface locations described above 11.. Everist expressly acknowledges that this surface agreement satisfies KMG's obligation under COGCC rules to consult in good faith with the surface owner regarding the proposed oil and gas operations.. Everist further expressly acknowledges that the obligation of KMG to accommodate Everist's use of the surface of the described lands, existing or future has been met and Everist waives any statutory or common law claims to the contrary.. 12 Upon completion of the surface use agreement,the agreement or a memorandum thereof'shall be recorded in the records of Weld County, Colorado.