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2. The proposed operations to be performed at the site;
<br />3. The approximate duration of the proposed activities.
<br />Not less than five working days prior to Operator's mobilization on the Oil and Gas Operations
<br />Area, either Operator or Surface Owner may request an on-site meeting. The purpose of the meeting shall
<br />be to inform Surface Owner of the expected activity and to coordinate site access, hazards, barricades,
<br />restoration or any other issues that affect the use of and the safety of Surface Owner's development.
<br />4. DRILLING AND COMPLETION OPERATIONS.
<br />Operator shall endeavor to diligently pursue any drilling operatiots to minimize the total time
<br />period and to avoid rig relocations or startup during the course of drilling.
<br />10. GOVERNMENTAL PROCEEDINGS.
<br />Surface Owner shall not oppose Operator in any agency or govenunenta] proceedings, including
<br />but not limited to the COGCC, the municipality or other governing body proceedings, related to
<br />Operator's operations on the Property, including but not limited to drilling, workovers, well deepenings
<br />and recompletions, provided that Operator's position in such proceedings is consistent with this
<br />Agreement. Operator shall not oppose Surface Owner in any agency or governmental proceeding related
<br />to Surface Owner's uses on the property, provided that Surface Owner's position in such proceedings is
<br />consistent with this Agreement.
<br />11. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY.
<br />a. No party shall be liable for, or be required to pay for, special, punitive,
<br />exemplary, incidental, consequential or indirect damages to any other party for activities undertaken
<br />within the scope of this agreement;
<br />b. Except as to claims arising out of pollution or environmental damage (which
<br />claims are governed by Section 12 below) or out of other provisions of this Agreement (which claims
<br />shall be governed by the terms of this Agreement), each party shall be and remain responsible for all
<br />liability for losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and
<br />liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the
<br />aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's
<br />ownership or operations on the Property, no matter when asserted, subject to applicable statutes of
<br />limitations. Each such party shall release, defend, indemnify and hold the other parties, [heir officers,
<br />directors, employees, successors and assigns, harmless against all such Claims. This provision does not,
<br />and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor
<br />does it create any separate rights in parties to this Agreement other than the right to be indemnified for
<br />Claims as provided herein;
<br />c. Operator shall have the right to file an operator's lien against other owners of the
<br />oil and gas leasehold interest to recover amounts owed to Operator; and
<br />12. ENVIRONMENTAL INDEMNITY.
<br />The provisions of Section 1l above, except for Section ll.a., shall not apply to any
<br />environmental matters, which shall be governed exclusively by the following, subject to the limitations of
<br />Section 1 I.a, above:
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