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Construction of any permanent structure within KPK's Petroleum Pipeline Easement is not <br />permitted. Planting of trees and shrubs is not permitted on KPK's Petroleum Pipeline Easement. <br />4. ACCESS. <br />Zadel Family, LLLP shall provide KPK with continuous access to all of the Oil and Gas <br />Operations Areas and the Petroleum Pipeline Easements. The access roads to be used by KPK will either <br />be those roads that currently are in place or those that aze anticipated to be constructed by NCC at its sole <br />cost and expense as part of Zadel Family, LLLP's operations nn the Property. If Zadel Family, LLLP <br />relocates an existing road being used by KPK for access to any Oil and Gas Operations Area, such <br />relocated road shall be built to at least the quality of the road it replaces. The easements for KPK's access <br />roads for its Oil and Gas Operations Areas aze shown on Exhibit B hereto and Zadel Family, LLLP <br />hereby grants KPK the non-exclusive right to the use of such easements for so long as KPK or its <br />successors or assigns has rights in and to the oil and gas estate in the Property. KPK agrees to access the <br />Property according to the routes depicted and described on the attached Exhibit B. Access to the Oil and <br />Gas Operations Areas may be changed by mutual agreement of Zadel Family, LLLP and KPK. <br />Zadel Family, LLLP shall maintain and keep any access jointly used by Zadel Family, LLLP and <br />KPK in a condition and state of repair drat serves the needs of Zadel Family, LLLP or, in the case of <br />relocated existing roads, to at ]east the standard such road was maintained prior to its relocation. In the <br />event such joint access roads needs to be improved in order to serve the needs of KPK, the patties agree <br />to coordinate any such improvements as may be required by KPK in order to conduct its operations, <br />provided that the cost and expense of any such improvements shall be shared equally by both parties. <br />Neither KPK, nor Zadel Family, LLLP shall unreasonably interfere with the use by the other party of <br />access roads. <br />Zadel Family, LLLP agrees that it will not mine or extract any portion of areas designated as <br />access roads set forth on Exhibit B or as mutually agreed to by the Parties without the written consent of <br />KPK. <br />5. BATTERIES AND EQUIPMENT. <br />KPK shall have the right to locate, buIld, repair and maintain tanks, sepazators, dehydrators, <br />compressors and other equipment ("Production Facilities") reasonably appropriate for the operation and <br />production of the Wells at the locations depicted on Exhibit B. With respect to KPK's Production <br />Facilities other than flowlines or pipelines: <br />A. KPK shall install and maintain, at its sole cost and expense, all fences around the Wells and <br />any other Production Facilities incompliance with the Rules and Regulations of the COGCC; <br />B. KPK shall instrli and maintain, at its sole cos' and expense, all gates and locks reasonably <br />necessary Ecr the secu;ir, of a-~y Wells ~~~~ Prcw'uction Pacili2ies in the Oii and tics Oneratietvt Areas <br />Suclt gates :aid tacks shad be ttiz standa.~.) gar< attic. lcn:ks used by KS'K; <br />C'. Ae K.PK'~ disr'eti,~~ i`.PK shah point any Production Pa:iliti~~ fr,r any Welt. meltx9mr. <br />wellYiead gu~:r~, with paint thae is appttwed by tha Ci;GCC'; and <br />23 <br />4- <br />