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D. Zadel Family, LLLP shall not inhibit KPK's access to the Oil and Gas Operations Areas or <br />inhibit KPK's operations within the Oil and Gas Operatons Areas or in the vicinity of the Production <br />Facilities by landscaping or other improvements, unless otherwise agreed upon between Zadel Family, <br />LLLP and KPK. Zadel Family, LLLP shall place temporary concrete barriers azound all Production <br />Facilities as duetted by KPK before any mining operations commence within an Oil and Gas Operations <br />Area for the Production Facilities. In no event shall Zadel Family, LLLP mine within 90 feet of any <br />Production Facilities or stockpile mined materials within a radius of 50 feet of any Production Facilities. <br />6. NOTICE OF FUTURE OPERATIONS. <br />KPK shall provide at least seven (7) days prior notice to Zadel Family, LLLP of any operations in <br />connection with the reworking, fracturing, deepening or recompletion operation on a Well or Wells. <br />Kegardless of the foregoing notice requrements, KPK shall have immediate access to any of its facilities <br />in the event of an emergency. <br />After receipt of the above notice, but not less than five (5) working days prior to KPK's <br />mobilization on the applicable Oil and Gas Operations Areas, either KPK or Zadel Family, LLLP may <br />request an on-site meeting. The purpose of the meeting shall be to inform Zadel Family, LLLP of the <br />expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that <br />affect the use and safety of Zadel Family, LLLP operations. <br />7. COMPLIANCE WITII SAFETY REGULATIONS. <br />KPK understands that Ladel Fancily, LLLP surface mining operations on the Property are subject <br />to certain OSHA and MSIIA regulations. KPK agrees that while conducting operations on Property, it <br />will comply with such OSHA and MSHA requirements which NCC notifies KPK are applicable to KPK's <br />operations on the Property. KPK also agrees to inform its contractors and subcontractors about such <br />rexluirement. <br />8. DRILLING AND COMPLETION OPERATIONS. <br />KPK shall endeavor to diligently pursue any drilling operations to minimize the total time period <br />and to avoid rig relocations or startup during the course of drilling. Zadel Family, LLLP waives any <br />objections to continuous (i.e., 24-hour) drilling operations. <br />9. SIIU1'-IN OF V1'ELLS. <br />The parties recognize that the Pipelines now installed by KPK are made of fiberglass and/or metal <br />and the running of Zadel Family, LLLP's earth moving equipment over said Pipelines tends to crack <br />them, which can cause an oil and gas spill and enviromnental damage. KPK represents that in its opinion <br />it is not safe to continue to use such Pipelines after heavy earth moving equipment is in use and there is <br />no appropriate dirt coverage in place. lfLadel Family, LLLP begins to use heavy equipment on the <br />property it shall maintain a minimum of four feet (4') and a maximum of;iA feet (6'} of dirt covaratze in <br />addnion to the eat±tirg co+.*er over tha Ply+eli,ae durtng zadei Fatraly. LLI_!"s operation ;>F such egvinmrnt <br />qn the prcpert}. Ccaclei f=amily, L,'..F ahail :einrr:e the four t"oot (=1"} tc~ s:x Coca t6'i uvzrl',urden upo^ <br />corrEnieti~~n of il, v~c~~atio;vs m:~nlv,ng hra~.y ,:ar;hraoti-ing egttip4uent nn tha ;rsrrpe*ty. KPX will. `~t <br />safety purpr~,;es, ;hut fn :+ny :veil that i:.ts had hraw earth mrvinq equtpmeut run over its Fipeline(s} <br />without a1r,Cta[xtare :!art co~e:age :n ptr:,..e. r'.ACIe! 1'aamly, LLLP slaal! have the right ao request that F>FK <br />shut in one cr more of its wells during consn~uctian activity on the surface. KPK shall not unreasonably <br />refuse to shut in its wells. <br />za <br />5- <br />