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easement rights agreement, then Swface Owner agrees to undertake no action that would require <br />KPK. to shut in said line, including but not limited to cutting said line, removing overburden from <br />said line, digging closer than i5 feet to said line, running heavy equipment across said line, or <br />building any ignition sowce within 75 feet of said line. KPK agrees that at Surface Owner's <br />request, it will relocate such line provided Swface Owner provides a suitable location for such <br />line and pays in advance for its relocation. <br />c. In the event that KPK's ingress or egress to a well or wells (Lease Road) shall be <br />across a property described in an already delivered easement rights agreement, then Surface <br />Owner agrees that it will not in any way interfere with KPK's use of such Lease Road. KPK <br />agrees that at Surface Owner's request, it will relocate such Lease Road, provided Surface <br />Owner provides a suitable location for such Lease Road and pays for the Lease Road's <br />relocation. <br />8. Production Proceeds and Salvage Value. Subject to the payment of all applicable <br />royalties, overriding royalties and taxes, KPK will retain all production and the proceeds from <br />the Well for its benefit until the Well is plugged and abandoned and KPK will also retain for its <br />account all Equipment and alI salvageable surface equipment and downhole equipment <br />including, but not limited to, rods, tubing, casing, and downhole pumps in or used in connection <br />with the Well. <br />9. Zoning_Rights of Surface Owner. It is expected that Surface Owner may use this <br />Agreement for the purposes of obtaining a fmal plat on the Property, provided however, Surface <br />Owner shall not use this Agreement to obtain final plat on any part of the Glen Horton #2 <br />Location until Surface Owner has fulfilled it obligation under pazagraph 2 above. Surface <br />Owner agrees that any fmal plat that it obtains shall show a warning of the existence of this <br />Agreement. Additionally, notice of the Release of Easement Rights shall be placed of record in <br />the books and records of County Clerk and Recorder, Weld County, Colorado. <br />10. KPK Indemnity. KPK hereby agrees to indemnify Swface Owner, its officers, members, <br />managers, employees, agents and successors and assigns, from and against any and all liabilities, <br />claims, causes of action, expenses, including reasonable attorney's fees, expert witness fees, and <br />the costs and expenses litigation, arbitration or other form of dispute. resolution as may he <br />agreed, suffered or incurred by Surface Owner as a result of KPK's plugging and abandonment <br />operations and/or KPK's failwe to comply with the applicable rules of the COGCC. Upon <br />completion of KPK's obligations under this Agreement, KPK shall assume no further liability fot <br />damage to the Well and Glen Horton #2 Location. Swface Owner shall indemnify KPK for a!1 <br />damage to the Well and Glen Horton #2 Location resulting from Swface Owner's actions after <br />completion ofplugging and abandonment. <br />I1. Co«enant_a Sur:sce Chuner__,i;t C'n~enani_~f„KPK. l.~ntii the. R'e~l is piut;~ui aad <br />abzrndancd and ti~cless r~ther~~ie: aprc'i~d r.. in c.~ritatg by KPH., Surface Ow;res, ~t;~r ilself a,-td its <br />successoa and asej:gn.~. wrll cake nu sczion~ to anfierfere with KPK's ~:exsa to and rperurion and <br />m~tr;3tance acthe `v,~et! and tht, r31r[ea prndu:xintt facilities. Iuriiter, antil. the tiL`eB as piuvged <br />and abandoned, rc:~PK wii~ retain ancf nt~a; e~.ercise ail rigrRS granie~i to it. under ttie Leasrs, <br />Page 4 0~7 <br />