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<br />3377669 04/07J2006 04:45P Weld County, CO
<br />4 of 11 R 5600 0 0.00 Steue Moreno Clerk 8: Recorder
<br />I he 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 />Areas, either Operator or Surface Owner may request an on-site meeting. the purpose of the meeting
<br />shall be to inform Swface Owner of the expected activity and to coordinate site access, hazards,
<br />bavicades, restoration or any other issues that afrect the use of and the safety of Smface Owner's
<br />development.
<br />8. DRILLING AND COMPLETION OPERATIONS.
<br />Operator shall endeavor to diligently pursue any drilling operations to minimize the total time
<br />period and to avoid rig relocations or startup during the cowse of drilling.
<br />9. GOVERNMENTAL, PROCEEDINGS
<br />Surface Owner shall not oppose Operator in any agency or governmental 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 Swface Owner's position in such proceedings is
<br />consistent with this Agreement..
<br />10. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY
<br />a No party shall be liable for, or be required to pay for, special, punitive, exemplary,
<br />incidental, or indirect damages to any other pa+ty for activities undertaken within the scope of this
<br />agreement Notwithstanding the foregoing, any patty bleaching this Agreement shall be liable fm actual
<br />damages, including reasonable attorney's fees fot the prevailing party,
<br />b. Except as to claims arising out of pollution or environmental damage (which claims
<br />are governed by Section 1 I below) or out of other provisions of this Agreement (which claims shall be
<br />governed by the terms of this Agreement), each parry she!] be and remain responsible for al( liability for
<br />losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities,
<br />including without limitation attorneys' fees and other costs associated [herewith (all of the aforesaid
<br />herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership
<br />or operations on the Property, no matter when assorted, subject to applicable statutes of limitations Each
<br />such pazty shall release, defend, indemnify and hold the other pazties, their officers, directors, employees,
<br />successors and assigns, harmless against all such Claims. Ibis provision does not, and shall not be
<br />construed to, create any tights in persons or entities not a party to this Agreement, nor does it create any
<br />separate rights in patties to this Agreement other than the right to be indemnified for Claims as provided
<br />herein; and
<br />c Operator shall have the right to file an operator's lien against other owners of the oil
<br />and gas leasehold interest to recover amounts owed to Operator
<br />11. ENVII20NMENTAL DYDEMNITY.
<br />the provisions of Section 10 above, except for Section 10,a, shall not apply to any
<br />environmental matters, which shall be governed exclusively by the following, subject ro the limitations of
<br />Section 11 a. above:
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