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09/28/09, 09:29 FA% 970 998 9777 <br />U9/YIf/LUUy Ua: L9 F"Ad 9'!L MtfU tl4YU <br />BATAA OIL <br />mrntii 15lvmcus vu <br />(~00 of ~~~ <br />IlVDIRECT DAMAGES TO ANY OT}TSR PART'Y' FOR ACTIVITIES <br />UNDERTAKIIV WI1~@7 TIdB SCOPB OF THIS AGREEI-~NT; <br />b. Except as to claims easing out of other provision's of this Agreement (which. claims <br />shall be governed by the terms of this Agreementi), each party shall be and remain <br />responsible for all liability arising out of those losses, claims, damages, demands, <br />suits, causes of aeticm, fines, Penalties, expenses and Iiabilities, including without <br />limitation attorneys' fees end other costs associated therewith (all of the aforesaid <br />herein referred to collectively as "Claims', arising out of or comiected with each <br />such party's ownership or aperdtions on the Property, ao matter when asserted, <br />subject to applicable statutes of limitations. Each Patty shall release, defend, <br />indemnify and hold the other parties, their officers, duecbors, employees, <br />successors and assigns, battNess against all such Claims, This provision does not, <br />and shall not be construed to, create any rightss in persons or entities not a patty to <br />this A.geement, nor does it txeate any separate rights im patties w this Agreement <br />other than the right to be indemnified for Claims as provided herein; <br />c, Merit shall not pesnut any liens to be filed on or otherwise attach to, the Property, <br />and in the event any such liens ate filed by a person pursuant to any statute or any <br />lien attaches by operation of law or otherwise, Merit shall take all necessary action, <br />at its sole cost and expense, to leave such lion discharged and released. as piumptly <br />as practicable, except that Merit shall have the tight to file an operator's Lien against <br />other owners ofthe oil and gas leasehold interest to recover amounts owed to Merit; <br />and <br />d_ Upon the assignment or wnveyanoe oP a patt}~s entire interests in the Property, that <br />party shall be released from its indemnification obligations is Section 9.b above, for <br />all actions or occurrences happening after the assignment or conveyance, <br />10. EXCLUSION FROM Il~IDEMNITLES. <br />The indemnities of any party herein shall not saver or include arty amounts for wblch the <br />indemaitlod party may legally recoup from other thud party owners without judicial <br />process, or that for which the indemnified pasty is reimbursed by any third party. The <br />indemmtias is this Agreement shall not relieve any party from any obligations to third <br />par[ies. <br />11. NOTICE OF CLAIM FOR INDTN~1NIkTCATION. <br />If a Claim is asserted against a party for which, another party wonid be liable under the <br />provisions of Section 9 above, it is a condition precedent to the indamwfyiug Patty's <br />obligations hereunder that the indemnified party give the indemm fines party writtep notice <br />Page 7 of 12 <br />