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b. "Environmental Laws" shall mean any laws, regulations, rules, <br />ordinances, or order of any governmental authority(ies), which relate to or otherwise <br />impose liability, obligation, or standards with respect to pollution or the protection of the <br />environment, including but not limited to, the Comprehensive Environmental Response, <br />Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the <br />Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean <br />Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ <br />1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the <br />Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and <br />c. Environmental Indemnification. KMG shall protect, indemnify, and hold <br />harmless [Gravel Company], homeowners association and any lot owner who purchases a <br />lot from [Gravel Company] from any Environmental Claims relating to the Property or <br />oil and gas leasehold thereunder that arise out of KMG's ownership and operation of the <br />Oil and Gas Operations Areas and it's ownership and operation of its Petroleum Pipeline <br />Easements or rights-of-way on the Property. [Gravel Company] shall fully protect, <br />defend, indemnify and hold harmless KMG from any and all Environmental Claims <br />relating to the Property that arise out of [Gravel Company]'s development of the <br />Property. <br />13. EXCLUSION FROM INDEMNITIES. <br />The indemnities of the parties herein shall not cover or include any amounts which the <br />indemnified party is actually reimbursed by any third party. The indemnities in this Agreement <br />shall not relieve any party from any obligations to third parties. <br />14. NOTICE OF CLAIM FOR INDEMNIFICATION. <br />If a Claim is asserted against a party for which the other party would be liable under the <br />provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's <br />obligations hereunder that the indemnified party give the indemnifying party written notice of <br />such Claim setting forth all particulars of the Claim, as known by the indemnified party, <br />including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good <br />faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect <br />such notice in all events within such time as will allow the indemnifying party to defend against <br />such Claim. <br />16. REPRESENTATIONS. <br />Each party represents that it has the full right and authority to enter into this Agreement. <br />KMG does not represent that it has rights to settle matters for all of the mineral owners or any <br />other lessees in the Property and this Agreement shall only apply to and bind the KMG leasehold <br />interest in the property. <br />17. SUCCESSORS. <br />The terms, covenants, and conditions hereof shall be binding upon and shall inure to the <br />benefit of the parties and their respective heirs, devises, executors, administrators, successors and <br />17