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~• <br />- -B 1313 RE:;,J2265158 10/03/91 13:38 •$15.00 3/003 <br />F 0356 MARY ANN FEUERSTEIN CLERK 6 Rfl..~RDER WELD CO, CO <br />EXHIBIT "A" <br />rnay ~``~. <br />Attached to that certain Oil and Gas Lease dated totaa'stt.31 , 1991, by and between Bernice <br />Larson, as Lessor, and Bataa Oil, Inc., as Lessee. <br />1. Rovaltv. Notwithstanding any recitation of one eighth (1/8) royalty in this lease, all royalty <br />payments for this lease shall hereby be deemed to be 15.0% royally, and the lease shall have effect <br />just as If 15.0% were printed in the printed lease to which this Exhibit 'A' is attached wherever 'one- <br />eighth (1/8)' Is printed. <br />2. Control. The provisions of this Exhibit 'A' shall control over the provisions of the printed lease to <br />which it is attached. <br />3. Drilling Restrictions. Drilling shall only be allowed on the lands covered by this lease that are north <br />and east of the existing buildings and corrals. <br />4. Fencin°• Lessee agrees to fence off all equipment from the rest of Lessor's property. Lessee shall <br />install a gate at the point of access onto Lessor's property, and keep it locked. <br />5. Damages. Lessee shall pay the owners of the land (of which Lessor is one) the sum of $2000 for <br />surface and crop damages for the drillsite used In the drilling and completion of each well drilled on the <br />land, prior to commencing drilling operations. This amount shall be Lull settlement for crop and surface <br />damages not to exceed three acres disturbed during drilling and completion operations, and for the area <br />occupied by the production equipment. Any additional acreage damaged shall be paid for separately by <br />the Lessee, and any other damage shall be paid for by Lessee, including all general and specilic damages <br />caused by the operations, Including but not limited to damages to tangible personal property, real <br />property, fences, fixtures, or other improvements, domestic and irrigation wells, pumps, and damages <br />to the water table such as contamination of owners wells, and any and all other damages upon <br />completion of the well, and also at such other time as damages occur. In addition, Lessee shall pay the <br />owners of the land $.50 per foot for all underground lines installed beyond 200' from the wellhead of <br />any well drilled on the land, and Lessee shall pay for grass seed for reseeding the area disturbed by its <br />drilling operations, II so requested by the owners of the land. <br />6. Release O1 Liability. Lessee releases Lessor, and agrees to hold Lessor harmless Irom and <br />indemnify Lessor against, any damages, injury, or loss suffered by Lessor, Lessee, or any third parry <br />as the proximate result of Lessee (including Lessee's agents, employees, contractors, officers, <br />Invitees, or guests) presence upon the land, operations upon the land, or the use or presence of <br />Lessee's personal property, fixtures, equipment, lacilities, or improvements upon the land or the <br />wellsite, whether or not occasioned by the act, omission, or negligence of Lessee. Lessee will keep a <br />minimum of $1,000,000 of liability Insurance In force, covering its operations on the land. Lessee <br />shall provide proof of Insurance to Lessor upon Lessor's request. <br />7. Location O1 Eculoment. Lessee shall consult with Lessor prior to located the access road, wellsite, <br />underground lines, and equipment for any well drilled on the lands. if more than one well Is drilled on <br />the lands, Lessee shall tontine the oil tanks to one location, unless Lessor approves otherwise. Lessee <br />shall notify Lessor a minimum of one week In advance of the start al drilling operations. <br />6. Monthly Report. Rovaltles. Lessee shall provide Lessor with a monthly report giving the exact <br />quantities of oil and gas produced and sold from any well located on the lands. Upon Lessor's request, <br />Lessee shall provide Lessor with copies of the Operator's Monthly Production Report tiled by Lessee <br />with the Colorado Oil and Gas Conservation Commission. Except in the~case of disputed title to Lessor's <br />minerals, Lessee shall pay Lessor the full royalty due Lessor for a given month's oil and gas production <br />within 60 days of the last day of the month. Lessee shall be liable to Lessor for interest at the rate of <br />prime plus 3% for any late payment of royalties after 60 days. <br />9. Gravel Minlno. Lessee shall not obJect to or interfere with the mining c! gravol Irom iho lands by <br />Lessor or Lessor's agents or assigns, except for the area underneath Lessee's equipment, and the <br />minimum setbacks required by law. <br />10. Culverts. Lessee shall repair any culverts, ditches or underground water lines damaged by it's <br />activities, and shall Install new culverts where necessary to protect ditch crossings or existing <br />drainage on the land. <br />11. E115. Lessee shall haul the mud out of the mud pit as soon as the drilling is completed, and have it <br />backfilled within 60 days after the fret Job is done, unless wet weather makes it necessary to leave <br />the pit to dry longer. Lessee shall pile topsoil separately from underlying soil when digging the pit, and <br />till In the pit to grade with the underlying soil before replacing the topsoil. <br />12. Power Lines. No power lines are to be Installed above or below the ground without prior approval <br />by Lessor. <br />. ~:. -..r.rsrz .. .. . . <br />