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Case 1:20-bk-12043 Doc 454-1 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc <br /> Exhibit A Page 8 of 31 <br /> ARTICLE VI <br /> COOPERATION BETWEEN PARTIES <br /> Section 6.1 Cooperation, The Parties recognize that the exercise of their rights with <br /> respect to the Subject Property will require use and enjoyment by the Patties of the surface and/or <br /> subsurface of the Subject Property, and therefore, the Patties agree as follows: <br /> (a) Each Party shall comply with all applicable laws in performance of its <br /> obligations,work, and operations under• this Agreement; <br /> (b) The Parties shall cooperate and communicate with each other on a timely <br /> basis and exchange all infbr•mation necessary to implement this Agreement; <br /> (c) Each Party shall perform all activities hereunder• diligently and in a good <br /> and workmanlike manner; <br /> (d) CAM and Columbia agree to exercise their rights as prudent operators with <br /> due regard for the other Patty's rights granted under this Agreement as set forth herein; <br /> (e) CAM covenants that the exercise of its rights with respect to the Subject <br /> Property shall not unreasonably interfere with Columbia's operations related to the Pipeline or the <br /> Relocation, including Columbia's present and future rights to lay pipelines and perform other <br /> surface operations; <br /> (f) CAM covenants to neither obstruct nor interfere with Columbia's access to <br /> the Subject Property or the Easement,except in the ordinary course of CAM's Mining Activities; <br /> and <br /> (g) No Party shall have the right to use any facilities or equipment of the other <br /> Patty without such Party's prior written consent, which consent may be withheld by such Party in <br /> its sole discretion. <br /> Section 6.2 Hazardous Materials, Each Party shall use commercially reasonable efforts <br /> to ensure that no Hazardous Materials will be leaked, spilled, deposited, or otherwise released on <br /> the Subject Property. Each Party agrees to indemnify,defend and hold harmless the other Party f'or <br /> any Losses or compliance orders issued by any governmental agency relating to pollution or <br /> protection of the environment, including, without limitation, laws and regulations relating to <br /> emissions, discharges,releases or threatened releases of chemicals, pollutants,contaminants, waste <br /> petroleum,toxic substances,and Hazardous Materials occurring on the Subject Property and caused <br /> by such Patty's use of the Subject Property. This indemnity shall survive the Term. <br /> Section 6.3 Safety. In the event of any construction, excavation, mining, or any other• <br /> earth disturbance within one hundred (100) feet of the Pipeline, CAM agrees to (a) comply with <br /> any state or local "one call" requirements, including National One Call "811", and (b) notify <br /> 7 <br />