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S. NOTICES TO HOMEOWNERS AND BUILDERS. <br />Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or <br />map showing the Oil and Gas Operations Areas and the Easement. In addition, Surface Owner <br />shall provide notice to all builders, homeowners, homeowner associations and other buyers of <br />the Property from Surface Owner that: <br />a. There may be ongoing oil and gas operations and production in the Oil <br />and Gas Operations Areas on the surface of the Property; <br />b. There are likely to be additional Future Wells drilled and oil and gas <br />operations and production from the Oi] and Gas Operatjons-,Areas that affect the surface <br />oftheProP~Yi ,.. `''%;:: <br />o. Heavy equipment may be used by;`KMG'from time`to.time for oil and gas <br />production operations and that such operationsriay be conducted on a 24 lour basis; <br />d. Future purchasers of all or a ~portton of~the Property, as'snccessors in <br />.::4 .~. <br />interest to Surface Owner, will be acquiring a pi!©porrxonate interest in Surface Owner's <br />rights under this Agreement and assuming those .obligations undertaken by Surface <br />Owner pursuant to this Agreement;;and <br />e. Homeowner associatio <br />successors in interest to Surface Oa <br />Surface Owner's rights under this <br />contained in Sections: 3;._ 4, and the <br />location of any building or.structure <br />Easement and `-vvaiying objection to <br />jurisdiction. <br />buyers of individual lots or homes, as <br />'e1=flie=;acquiririg a proportionate utterest in <br />ent,"aid will be subject to the waivers <br />its contained in Section 3 prohibiting the <br />the Oil and Gas Operations Areas or the <br />;back rules of the COGCC or any local <br />9. <br />TIONS. <br />KMG shall endeavor to dingeAtly. pursue any drilling operations to minimize the total <br />timepertod..and to avoid ngaelocattons~or startup during the course of drilling. Surface Owner <br />waives any'objections to continuous (ie., 24-hour) drilling operations. <br />10. GOVERNMENTALPROCEEDINGS. <br />Surface Owner shall not oppose KMG in any agency or governmental proceedings, <br />including but not limited to the COGCC, the City of t or other governing <br />body proceedings, related to KMG's operations on the Property, including but not limited to <br />drilling, workovers, well deepenings and recompletions, provided that KMG's position in such <br />proceexiurgs is ca~nsistcnt with this Atrees:ent. <br />11. E.Il11IT.ATTQti' OF i~h4BiLI'I'k. I?ELE.ASF AYD 1NDt;,YIPv7"CY". <br />a. hio party shad he ?able for, os be required to pay tot, special, punitsre, <br />cxemptaz'y, incidental, t:onsequerti ial or indirect damages to any other patty for activities <br />undertaken within the scope of this agreement; <br />ti <br />