|
b. Except as to claims arising out of pollution or environmental damage
<br />(which claims aze governed by Section 12 below) or out of other provisions of this
<br />Agreement (which claims shall be governed by the terms of this Agreement), each party
<br />shall be and remain responsible for its own liability for all losses, claims, damages,
<br />demands, suits, causes of action, fines, penalties, expenses and liabilities, including
<br />without ]imitation attorneys' fees and other costs associated therewith (all of the aforesaid
<br />herein referred to collectively as "Claims"), arising out of or connected with each such
<br />party's ownership or operations on the Property, no matter when asserted, subject to
<br />applicable statutes of limitations. Each such party shall release defend, indemnify and
<br />hold the other parties, their officers, directors, employe,.es sucbessors and assigns,
<br />harmless against all such Claims. This provision does nat~;aAd shall not be construed to,
<br />create an ri hts in ersons or entities not a `
<br />y g p party to this Agreement, nor does it create
<br />~:.
<br />any separate rights in parties to this Agreement other than the r"igl~t;to be indemnified for
<br />Claims as provided herein;
<br />c. Upon the assignment or conveyance of a party's entire%nterest in the
<br />Property, that party shall be released from rts;;indemntfi¢ation in Secttonl L_b. above, for
<br />all actions or occurrences happening after such assignment or conveyance:'
<br />]2. ENVIRONMENTAL INDEMNITY.
<br />y ,,;~.
<br />The provisions of Section 1 ] above, except for Section ll;a:; shall not apply to any
<br />environmental matters, which shall be goSerned=eirclusively by :ffie following, subject to the
<br />limitations of Section l l.a. above: _.. ~ ..::~;.:,.,.:~, `
<br />a. "Erivirb~iiental Claims"'shall mean all Claims asserted by governmental
<br />bodies or other;;third part~s.:for pollutiori.or environmental damage of any kind, arising
<br />from operations"on, or ownership of the<Property or ownership of the oil and gas
<br />leasehold interest, whtchever 1stapplicable, and all cleanup and remediation costs, Snes
<br />and prnalttea assoclate~ therewtth,ipcltiding but not limited to any Claims arising from
<br />Envuonmetifi{1>Laws or`relating to asbestos or to naturally occurring radioactive material.
<br />Environmental'Cl~ims shall not ..include the costs of any remediation undertaken
<br />vdluntazily by any party, unlesasnch remediation is performed under the imminent threat
<br />of`a'Glaim by a goverriitlental liody or other third party;
<br />b. _,. "Environmental Laws" shall mean any laws, regulations, rules,
<br />ordinances`or;.orderof any governmental authority(ies), which relate to or otherwise
<br />impose liabilit}={obligation, or standards with respect to pollution or the protection of the
<br />environment, including but not limited to, the Comprehensive Environmental Response,
<br />Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the
<br />Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6401 et seq.), the Clean
<br />Wator Act 133 tJ.F tom. g§ 466 ei seq.), the Safe Brinking 41'ater Act (14 U.S.C. §§
<br />T401-1~~0). the iiazdrdou, Nfatenal Ttansportaticn Ac# (49 [i.S.C. §§ 18+}1 et sc~{.l the
<br />C~.iean Asr Act, a:,:1 tt~e Tt:xu; Substances Cmtrz~l Apt (15 U.<.C_ 3§ 2fi01 ~?62°~}; and
<br />c E~?vironma-sxtal lndemni6caswn. R_tiiCi shall protaot; uldetnrrif'y, and hold
<br />harmless Surface Owner, homeowners association and any lot owner who purchases a lot
<br />from Surface Owner from any Environmental Claims relating to the Property or oil and
<br />12
<br />
|