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gas leasehold thereunder that arise out of KMG's ownership and operation of the Oil and <br />Gas Operations Areas and its ownership and operation of its pipeline easement or rights- <br />of-way on the Property. Surface Owner shall fully protect, defend, indemnify and hold <br />harmless KMG from any and all Environmental Claims relating to the Property that arise <br />out of Surface Owner's development of the Property. <br />13. EXCLUSION FROM INDEMNTCIES. <br />The indemnities of the parties herein shall not cover or include:any amounts which the <br />indemnified party is actually reimbursed by any third party. The indisniiities in this Agreement <br />shall not relieve any party from any obligations to third parties. .,:~`?.;,,_. <br />....::'.. Y:...... <br />14. NOTICE OF CLAIM FOR <br />If a Claim is asserted against a party for which <br />provisions of Section 11 or 12 above, it is a conditii <br />obligations hereunder that the indemnified party give: <br />such Claim setting forth all particulars of the Clai <br />including a copy of the Claim (if it is a written Claim). <br />faith effort to notify the indemnifying party within five <br />~r <br />e other party woutd:;be liable under the <br />precedent to the intleriinifying party's <br />indemnifying party w~tteu notice of <br />as known by the indemnified party, <br />~-:.. <br />to Indemnified party shall make a good <br /><.-;:: <br />vs'ot"eceivt of a Claim and shall affect <br />such notice in all events within such time=~s';:will allow the indemnifying party to defend against <br />such Claim. fN; ,., _ , -. <br />15. REPRESENTATIONS. - <br />Each party represents thaf.it has the full right and authority to enter into this Agreement. <br />KMG does not represent that tt h2s_rights to settle matters for all of the mineral owners or any <br />other lessees in the Prope~iYy,and this Agreement shaikonly apply to and bind the KMG leasehold <br />interest in the_proP~Y• ;:=~ s ~ .::.,. <br />16. <br />,'' :'~~ie,terms, covenants,.-;and coriditibns hereof sl+all be binding upon and shall inure to the <br />benefit oft}eparties and thcii'rrespective heirs, devises, executors, administrators, successors and <br />assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees <br />under the oil andgas leases which KMG owns. <br />17. TERM. <br />This Agreement shall become effective when it is fully executed and shall remain in full <br />force and effect until ICMG's leasehold estate expires or is terminated, and KMG has plugged <br />and abandoned all wells owned all or in part by KMG and coroplirai with the requirements of all <br />appucah e f+il and gas leases l~ert.ainiltg fn removal of etlui,pn3eut. rev]alnation, clear;+ap and all <br />rather applicable provisions ufthe teases ar<d cxistsl:g taws and regulations. <br />13 <br />