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agrees to pay any unusual costs caused by Surface Owner's actions and incurred by KPK in <br />plugging and abandoning the Well that were not reasonably anticipated by the Parties to this <br />Agreement and aze not herein accounted for. <br />d. Upon KPK's completion of its plugging and abandonment operations, KPK shall <br />assume no further risk of damage to the Well and/or Location. The parties further agree to the <br />indemnification provisions of pazagraph 10. <br />e. KPK will notify Surface Owner in writing at such time as the Well has been plugged <br />and abandoned, which notice shall be accompanied by a copy of COGCC Form G, We11 <br />Abandonment, as evidence that the Well has been plugged and abandoned <br />4. Release of Easement Rights by KPK. Upon the timely payment of the full wnsideration, <br />as set forth in paragraph 2 above, and KPK's completion of its plugging and abandonment <br />operations, KPK shall deliver to Surface Owner an executed Release of Easement Rights <br />covering the Glen Horton #2 Location. Said Release of Easement Rights shall be in the form <br />attachcxl hereto as Exhibit `B". <br />5. Abandonment of Lines. As soon as reasonably practicable after the fulfillment of Surface <br />Owner's obligations under pazagraph 2 above, and after KPK has plugged and abandoned the <br />Well, KPK shall flush and cleanse any Line or Lines that are connected to the Well that is being <br />plugged and abandoned under this Agreement unless said Line or Lines aze also attached to a <br />Well or Wells not subject to this Agreement. In such case, KPK will flush and cleanse only that <br />portion of the Line or Lines no longer in use and shall cap that portion of the Line or Lines not in <br />use. KPK obligations under this paragraph shall be undertaken in accordance with rules and <br />regulations of the COGCC. <br />6, Amendment of the 2007 SUA. The 2007 SUA is hereby amended with respect to the <br />KPK Glenn Horton #2 Well, which is inwrpomted into the Oit and Gas Operations Area <br />(OGOA) subject to the 2007 SUA. In amending paragraph 1 of the 2007 SUA, "Areas Reserved <br />for the Wells; Well Locations", the KPK Glenn Horton #2 Well and its location will no longer be <br />subject to the terms of the 2007 SUA. The 2007 SUA will remain in full force and effect with <br />respect to the remaining wells subject to its terms. The 2007 SUA is also hereby amended with <br />respect to the "Petroleum Pipeline Easements" as designated on Exhibit B ofthe 2007 SUA. The <br />Easement shall be released with the exception of Lines not subject to this agreement, as <br />described in pazagraph 7 below. <br />7. Surface Owner's Obligations as to Wells and Lines Not Subject to this Agreement. <br />a. KPK reserves the right to continue to operate and produce the WeI1 until such time as <br />the plugging and abandonn~eut permit is issue3 by the f'OGCC Surface O~~~ner agrees to <br />uitdertakc ae~ action ur aitror~,a E~f any A~rni that would impair yr ern;reds KPK's ability !'o <br />produce, repair c+r riS oil ar~d ,has •o~s tlr;. bVe!1 ar ary well in the imntediaie area <br />h. it ttte event a kne or line:, &c~m a weii or Ovals not requircii to be pL.:gged and <br />abandoned under this Agree:nznt, crosses a property to which t:PK has already received an <br />Page 3 017 <br />