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<br />FROM Mi cnael L. Blake. P. C.
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<br />PHONE ND. 3037907219 Feb. 26 2004 BB:27fri P3
<br />7. Permanent Ahmrclonment. Upon compktion of the PBcA work hererarder, Texat Tea
<br />agrees that is shall ttevex use or reoltert either of the Well ce drill another .volt on the that pmtioa of
<br />the Land currently owned by Owt[er ce othawisc use the surface of that portion of the Land
<br />currently owned bq Ovvret in the future without the express written coRSCnt of Owner. Not
<br />withslrmdiog the foregoing, nothir[g in this Agroemem shall be com'trtted expressly ce by implication
<br />to ptevevt Texas Tea fmm drilli[rg as additional vrcll or wells on other portions of lames covered by
<br />the Lease oc from operating iu cxisuug oil mtd gas weds and re~ facilities located on those lands
<br />covered by the Lease. Additionally, FARFRiJMWURICIN shall cot interfero with Texas Tea's
<br />continued operation of its odor oil and gas operations conducted on the Land ce undo the Lease.
<br />including but not limited to intetfeterrce with Texas Tea's refationsbips with govemmentaf agencies.
<br />8. in mp'Lficarion.
<br />a_ Cexas Tea agrees to indemnify, defwd and hoN harmless Ovvrtcr, its affiliates,
<br />members, managers, employees, agents, representatives, assigns and sucee550I5 from and against
<br />any and all claims, liabilities, losses, costs and expenses ('iacloding, without limitation, court costs
<br />and reasonebte attorneys' foes) that are atta'btttable to the welt a~ other assets dcccribed haeia aril
<br />that ate based upon aas ~ amitsioac which arise prior to the completion of the PdtA work and the
<br />Site Reclamation (rrrcludirtg„ vrltlrntf limitation, liability for damage to property, or injury to err the
<br />death of any person arisi[tg prior m the completion of the PRcA work and Site Reclamation).
<br />b. Owns egress m indemnify, defend and hold harmless Texas Tea its affiliates,
<br />members, managers, employees, agents, representatives, assignc and stxxessors from and against
<br />• nay and all claims, liabilities, hues, costs and expenses (including, without limitation, court costs
<br />aril reavoaabk attorneys' fees) that are attribotabk to the WeU and other assets desrn'bed herein end
<br />that an based upon acts or omissions whiclLtuisc aRa the completion of the P&A work and the Site
<br />Rectamatiott, incltdmg but trot Irmitsd to damage caused by Owns, it assigns, agents, ooatractors,
<br />successors, or representatives (and including, without limitation liability for damage to property, or
<br />injury to or the death of any person arising after the completion of ttre PEA work and Sitc
<br />Redarnation).
<br />9. Entire Agreemen . This Ageement and exhibits thereto constitutes the entire
<br />uaderstanditrg betvreen the parties with respect to the ntbject matter hereof and all prior agteemcnts,
<br />whether written or oral, are nxrged herein. This Agreement shall not be amended except upon
<br />agreement in writing duly executed by both parties.
<br />10. Waiver. The failwe of either party to this Agreement to insist upon the prrformance
<br />of any of the terms and eooditi~ws of this A~eemmt, or the waiver of any breach of any of the trrrrrs
<br />and conditions of this Agreemem, shall not be construed as thereafter waivi~ any such terms and
<br />eordiriom, but the scone shall rnatittue and remain in full force and effect as if no such forbearance
<br />or waiver had occutrrd.
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