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MFIK. 15. Ltlb4 1b: yyFin KLMt_MC:C;tt ft0.4B6 P.7/14 <br />~ uaii i~iu inu~i Il~r Dui ouu ~uu ~~~ ~i~ii iiii iiii <br />~reeaa 06R~009 OI~AP Weld Csua~, CO <br />8 01 18 R 66,00 0 0,00 Blase Morena lark 6 Recorder <br />-~ <br />10. DEVELOPMENT PLANS. <br />Surface Owner tub provided herewith copies of the proposed Pre-lvlitring Plan, Mining <br />Plea oad Reclamadan Plan. ICMRMC aelotowledges receipt of said Plans and has no <br />objections to said Plans as submitted. This acceptance by KIv4tMC in no way waives <br />ICMRMC's tights in this agrcement or obligations of Surface Owner under the terms of this <br />agreeroertt. 5tteface Owner aclmowledgos that KMRMC may conduct oil cad get activities <br />within the applicable OU and Oas Operation Areas provided herein anti neither shall <br />oppose KMRMC before etlY agency of governmental pmeeeding if such ail and gas <br />activities ore proposed and carried out ip accotdtlnce with the terms of this Agreement. <br />l 1. LIMiCATION OF LiABII.ITX, ItELF.ASE AND INDEMNITY. <br />a NO PARTY SHALL Bfi LIABLE FOR, OR BE REQLRRED TO PAY FOR, <br />sPECiAL, PUNCiiVE, EXEMPLARY, INC1D&NTAL, coNsliQuENTiAL OR <br />INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES <br />UNDERTAKEN W[THW THE SCOPE OF TtIIS AGRE&MF.NT: <br />b. Except as to claims arising out of pollution err eovirotmtental damage (which claims <br />are governed hY Section 12 below) or out of other provisio0s of this Agreement <br />(which claims shall be governed by the terms of this Agse®em), each psRy Shall <br />be and remain responsible far all liability arising out of those losses, chums, <br />~. damages, demands, suits, causes of action. firu:s, penalties, expenses and liabilities, <br />including without limitation attorneys' fees and other costs associated iltarewith (all <br />of the aforesaid herein referred to collectively as "Claims', arising out of or <br />connected with each such parry's 4waership or operations on the Property, ao <br />toatter when asserted, subject m applicable statutes of liraitalions, Each patty shall <br />release, defend, iademaify and hold the other parties, rhea officcrs> direttots, <br />employees, successors and assigns, harmless agsiRSt a!1 snch Claims. This <br />provision deoa not, and shall not be eoasnved to, create my rights is persons err <br />entities not a parry to this agreement, nor does it create any sapr¢a0e dgh~s in partial <br />m this Agicwaent other then the tight to be indenmt8ed for Clairol as provided <br />herein; <br />c. KMRMC shat! not permit any liens t0 be Sled on or otherwise attach to, the <br />Property, and in the event any such liens are 81ed by a pet5oa pursuant to nay stffiute <br />of a4Y Ilea attaches by operation of law or otherwise, KMRMC shat! take sl! <br />necessary eetioa, at its sole cost and expense, to have such lien discharged and <br />released as promptly as precdcable, except that KMRMC shall have the right to file <br />m oprrator's lien against other Owners of the oil and gas leasehold interest to <br />tocover amounts owed m KMRMC; anti <br />L00~ <br />XVd ST~TZ 9002/OZ/TT <br />L ~ ON IllOSNO~ 1 C uoi;e;g xej LZ:6 9002 LZ noN xej paniaaaa <br />