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a. "Environmental Claims" shall mean al] Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occumng radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; 6. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.5.C. §§ 466 et seq,), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and c. Environmental Indemnification. Operator shall protect, indemnify, and hold harmless Surface Owner from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of Operator's ownership and operation of the Oil and Gas Operations Areas or Operator's ownership and operation of its pipeline easement or rights-of--way on the Property. Surface Owner shall fully protect, indemnify and hold harmless Operator and Operator from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 13. EXCLUSION FROM INDEMNITIES. The indemnities of any parry herein shall not cover or include any amounts, which the indemnified party may recoup from any third party, or that for which the indemnified party is reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 14. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which another party would be liable under the provisions of Section 1 I or 12 above, it is a condition precedent to the inderrurifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth al] particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. 15. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement.