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or operations nn the Property, no matter when asserted, subject to applicable statutes of limitations. Each
<br />such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees,
<br />successors and assigns, harmless against all such Claims. This provision does not, and shall not be
<br />construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any
<br />separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided
<br />herein;
<br />C. Upon the assignment or conveyance of a party's entire interest in the Property, that party shall
<br />be released from its indemnification in Sectionl2.b. above, for all actions or occurrences happening aRer
<br />such assignment or conveyance.
<br />13. ENVIItONMENTAL INDEMNITY.
<br />The provisions of Section 12 above, except for Section 12.A. shall not apply to any
<br />environmental matters, which shall be governed exclusively by the following, subject to the limitations of
<br />Section 12.A. above:
<br />A. "Envvonmental Claims" shall mean all Claims asserted by governmental bodies or other third
<br />parties for pollution or environmental damage of any kind, arising from operations on or ownership of the
<br />Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and
<br />rcmediation costs, fines and penalties associated therewith, including but not limited to any Claims
<br />arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material.
<br />Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party,
<br />unless such rcmediation is performed under the imminent threat of a Claim by a governmental body or
<br />other third party;
<br />$. "Environmenta[ Laws" shall wean any laws, regulations, rules, ordittances, or order of any
<br />governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with
<br />respect to pollution or the protection of the environment, including but not Limited to, the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et
<br />seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water
<br />Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-]450), the Hazardous
<br />Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances
<br />Control Act (15 U.S.C. §§ 2601-2629); and
<br />C. Emironmental Indemnification. KPK shall protect, htdemnify, and hold harmless NCC, its
<br />successors and assigns, from arty Euvirotuuentai Claims relating to the Property or oil and gas Leasehold
<br />thereunder that arise out of KPK's ownership and operation of the Oil and Gas Operations Areas and it's
<br />ownership and operation of its Petroleum Pipeline Easements or rights-of--way on the Property unless
<br />such Environmental Claims are [he result of Zadel Family, LLLP's conduct. Zadel Family, LLLP shall
<br />fully protect, defend, indemnify and hold harmless KPK from any and all Environmental Claims against
<br />KPK, its successors and assigns, relating to the Property that arise out of Zadel Family, LLLP's
<br />operations on the Property.
<br />ta, E'~'f'1,fJCtC?r fRONI1NI7EM;+JFfIF.S.
<br />t l%E'. RTdC-.TFrlltd.".5 94 if7e fl.?Rl€~.', iiCTLiII ;31s'ylt F:i~I :;O~id' U! i$clnde HZr}~ anlniJn4S ~"1':1CPt th«
<br />iader*.miiied party ie actually reirt?rursad t;y a~~y third part} The mdera:r,iti~x; in thi, Agreement 9haEi nor
<br />relieve any party from any obligations to third par?ies.
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