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DocuSign Envelope U E6CABOCE-E510-46C2-B709-BCCFEAB1B80D <br /> KERR-McGE=_ OIL & GAS ONSHORE LP <br /> Kerr-McGee Oil & Gas Onshore LP <br /> remediation on the Property arising from the flowline installation and Contractor assumes such <br /> liability and responsibility for any further remediation or reclamation of the Property. Hunt waives <br /> the comment period under Colorado Oil and Gas Conservation Commission Rule 1105.d.(4) <br /> regarding the relocation of the flowlines. <br /> KMOG shall not be liable to Contractor or Hunt, and each of their affiliates, subsidiaries or <br /> assigns, or their respective employees, agents, contractors, and invitees, or to any other person, <br /> respecting any claims, demands, damages or causes of action for death or injury to persons or <br /> damages to Property(including cleanup and remediation costs pursuant to applicable federal, state <br /> and local environmental statutes) caused by the operations and activities of Contractor and its <br /> respective employees, agents, contractors, or invitees except those which arise as a result of <br /> KMOG's sole negligence or willful misconduct. Contractor and Hunt, and each of their affiliates, <br /> subsidiaries and assigns, shall indemnify, save and hold harmless KMOG from all such claims, <br /> demands, damages or causes of action, including the costs of reasonable attorney fees, caused by <br /> the operations and activities of Contractor or its respective employees, agents, contractors, or <br /> invitees associated with the Project other than those which arise as a result of KMOG's sole <br /> negligence or willful misconduct.. <br /> Notwithstanding any provision herein to the contrary,as between the Parties this Agreement does <br /> not authorize one Party to sue for or collect from the other Party its own or its affiliates' special, <br /> indirect, or consequential losses or damages, lost profits, loss of revenue, loss of savings, loss or <br /> deferment of production, loss of use, loss of contract, or business interruption and each Party <br /> hereby waives on behalf of itself and its affiliates any and all claims it may have against the other <br /> Parry and its affiliates, and agrees to indemnify the other Party and its affiliates from and against <br /> all claims, for its own and its affiliates' such damages, arising in connection with this Agreement, <br /> without regard to the cause or causes of any claim, including, without limitation, a claim <br /> caused in whole or in part by the negligence (whether sole,joint, concurrent, comparative, <br /> contributory,active, passive,gross or otherwise),willful misconduct,strict liability or other <br /> fault of KMOG, Contractor, Hunt or a third party and whether or not caused by a pre- <br /> existing condition. <br /> It is the Parties' express intent that neither this Agreement nor any course of conduct or course of <br /> performance hereunder constitutes or may be construed to constitute or create a joint venture, <br /> partnership, or any other similar arrangement between the Parties. <br /> This Agreement does not confer any enforceable rights or remedies upon any Person other than <br /> the Parties. <br /> Parties understand and agree the relocation of the flowlines will commence within 30 days after <br /> receipt of Payment. <br /> If the foregoing terms are acceptable to you, please sign, date, and return this letter to KMOG <br /> along with Payment. <br /> Page 12 <br />