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<br />IIWEMNITY AGREEMENT <br /> <br />WHEREAS, Galloping Goose Properties, L.L.C. owns property (" Pro~~/ty~,}rdtpwn <br />as [he Mule Creek Gravel Pit located across the street from the enQancc of M~er <br />Teller County, Colorado, which gravel pithas bern leased to PK L-ntcrprises, Inc~°~r~PK~ <br />a Colorado corporation, for the purposes of PK conducting a gravel git operation <br />("Operation") thereon; :.. <br />WHEREAS, Colorado Natural Gas, Tnc. ("CNG") owns and operates a natural gas <br />pipeline on an casemrnt running on the west side of the Property; <br />WHEREAS, Gregory A. Loap has been appointed as agent of PK to take all actions <br />necessary and execute any documents required concerning the Operation; and <br />V-'H£REAS, CNG is willing so allow the Operation on its easztr.ent prow tided that PK <br />will be responsible for and hold CNG harmless from any damave to CNG's pipeline, and PK <br />is willing to give such indemnity. <br />NOW, THEREFORE, for snd in consideration of the pterttise, PK hereby agrees to <br />tndemnif~ and save CtiG narmiess from an;f damages to C'MG's ptpclinc located nn :ac <br />Property arising out of PK's Operation. Such :naemnity and sac harmless shah include tnc <br />reimbursement to CNG of a]] reasonable and necessary costs and expenses in repairing such <br />damages in the pipeline, and reli ghting CNG's customers' or end user>' furnaces or other gas <br />use eywomcnt `ollow;ng enrages or dcatt time of the ?tpeline due :o ;uch aamaor. <br />Dated this ~ day of ~~_. 2000. <br />COLORADO N TLIRAL GAS, <br />S,~sr F s i~ <br />f~'~ ~ Tim Iohns <br />Vice President of Engineering <br />PK ENTERPRISES, INC. <br />sy: <br />Grego A. -- -p Agent <br />