Laserfiche WebLink
This acceptance by KMG in no way waives KMG's rights in this Agreement or obligations of <br />[Gravel Company] under the terms of this Agreement. [Gravel Company] acknowledges that <br />KMG may conduct oil and gas activities within the applicable Oil and Gas Operations Areas as <br />provided herein and shall not oppose KMG before any agency or governmental proceeding if <br />such oil and gas activities are proposed and carried out in accordance with the terms of this <br />Agreement. <br />12. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. <br />a. No party shall be liable for, or be required to pay for, special, punitive, <br />exemplary, incidental, consequential or indirect damages to any other party for activities <br />undertaken within the scope of this agreement; <br />b. Except as to claims arising out of pollution or environmental damage <br />(which claims are governed by Section 13 below) or out of other provisions of this <br />Agreement (which claims shall be governed by the terms of this Agreement), each party <br />shall be and remain responsible for its own liability for all losses, claims, damages, <br />demands, suits, causes of action, fines, penalties, expenses and liabilities, including <br />without limitation attorneys' fees and other costs associated therewith (all of the aforesaid <br />herein referred to collectively as "Claims"), arising out of or connected with each such <br />party's ownership or operations on the Property, no matter when asserted, subject to <br />applicable statutes of limitations. Each such party shall release, defend, indemnify and <br />hold the other parties, their officers, directors, employees, successors and assigns, <br />harmless against all such Claims. This provision does not, and shall not be construed to, <br />create any rights in persons or entities not a party to this Agreement, nor does it create <br />any separate rights in parties to this Agreement other than the right to be indemnified for <br />Claims as provided herein; <br />C. Upon the assignment or conveyance of a party's entire interest in the <br />Property, that party shall be released from its indemnification in Section I2.b. above, for <br />all actions or occurrences happening after such assignment or conveyance. <br />13. ENVIRONMENTAL INDEMNITY. <br />The provisions of Section 12 above, except for Section 12.a., shall not apply to any <br />environmental matters, which shall be governed exclusively by the following, subject to the <br />limitations of Section 12.a. above: <br />a. "Environmental Claims" shall mean all Claims asserted by <br />governmental bodies or other third parties for pollution or environmental damage of any <br />kind, arising from operations on or ownership of the Property or ownership of the oil and <br />gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, <br />fines and penalties associated therewith, including but not limited to any Claims arising <br />from Environmental Laws or relating to asbestos or to naturally occurring radioactive <br />material. Environmental Claims shall not include the costs of any remediation undertaken <br />voluntarily by any party, unless such remediation is performed under the imminent threat <br />of a Claim by a governmental body or other third party; <br />16