PERMFILE64468 - Laserfiche WebLink

Home Browse Search

111111 VIII VIII VIII 111111 IIII 1111111 III VIII IIII IIII 3377669 Q4/07I2006 04:45P Weld County, CO 5 of 11 R 56.00 0 0.00 Steve Moreno Clerk & Recorder a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising fiom operations on o+ 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 no[ limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring 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; b "Environmental Laws" shall mean any laws, regulations, rules, ordinances, oc order of any governmental anthority(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 Wate+ Act (33 U S C §§ 466 et seq..), the Safe Thinking Water Act (14 U S C.. §§ 1401-]450), 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 hazmless Surface Owner fiom any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of Operator's ownership and operation of the OiI 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 from any and all Environmental Claims relating to the Property that arise out of Surface Owner's ownership and development of the Property. I2. EXCLUSION FROM INDEMMTIES. The indemnities of any party herein shall not cover or include any amounts, which the indemnified party may recoup fiom any third party, or that for which the indemnified party is reimbwsed by any thhd patty. the indemnities in this Agreement shall not relieve any party from any obligations to third parties 13. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party fa which another party would be liable under the provisions of Section 10 or 11 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified patty give the indemnifying party written notice of such Claim setting forth all pazticulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim).. The indemnified patty 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 pazty to defend against such Claim. 14. REPRESENTATIONS. Each pazty represents that it has the full r fight and authority to enter into this Agreement I5. SUCCESSORS. The terms, covenants and conditions hereof"shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, adminishators, successors and assigns. The provisions of this Agreement shall be deemed covenants cunning with the land.