Laserfiche WebLink
02/19/2008 12:58 3038576789 <br />,JUL-11-e6 08;22 PM K.CR000H <br />1418-2008 09:11ae Front-Marl[ IRWIR CORP <br />MERIT ENERGY <br />4aa 4910 <br />b0T035262id <br />PAGE 04/11 <br />P.04 <br />T-616 P.006/001 P-410 <br />Surface Owner with not allow any extraction to occur closer than 2,5 feet frmn any flowlin s or <br />pipeline. surface Owner shall not allover stay stockpile exceeding I.i feet in depth to be pin cd over <br />any flowlinc. <br />b. Merit shall mark the routing of its undag;ouad facilities with aboveground pipelk e <br />markers and matntaia those ;markers. Markers will be installed, and maintained, a. evcry <br />point the pipeline route changes dnrectlon and adequate markers will be installed, : and <br />maintained, on straight sectlows, of pipeline to ixnsure the safety of the public, contr actors, <br />KMG personnel and KMG fact [!ties. <br />6. ]DRILLING AND COMPLE710N OPERATIONS. <br />Merit shall endeavor to diligmx* pursue any actual drilling operations to minesize the <br />totsl time period and to avoid rig relocations or startup daring the course of drill- ng. Lot <br />Holding and Operator waive any objections to continuous (i.e„ 24-hour) drilling op erations. <br />7. DEVELOPMENT PLANS. <br />Operator has provided Merit with copies of its NEning Permit and the cq ireed119 <br />snvcttrral report prepared in aonneetlan with the M1DIM13 Permit (die "Plans'?. Merit <br />acknowledges receipt of said Plans and has no objcotions to said Plans as s ibnAtted <br />provided Operator is in compliance with the tettnns of tbis Agreement. Furth"r. Merit <br />agrees that upon execution of this Agreatnont, it shall withdraw tc m the ))Me its <br />objections to The lvli?ng Pexmi,t This accepmoce by Merit and 89TOcmcnt to wit hdraw its <br />objections in noway waives Merit's r'ighu in this Agrec ament or obligations of 0i orator or <br />the SurAw-e owners tinder the 1=ms of this Agreement. <br />S. LDOTATION OF LIARILrfY, RELEASE .AND IWDEM XTY. <br />A. NO PARTY SHALL BE LL&.BLE FOR, OR BE REQUIRED TO WY FORt <br />SPECIAL, P'UNMVE, EXEMPLARY, INCIDM14TAL, CONSEQTJW VLL OF, <br />INDIRECT DAMAGES TO ANY OTHER PARTY FOR AC1'NiTlBs <br />UNDERTAKE! WI' EN TIC SCOPE OF THIS A.GREEMSNT. <br />b. Except as to claims ari: ing out of pollution or em*onmentai damage (WW: b claims <br />ante governed by Section 9 below) or out of other provisions of this Agreement <br />(which claims shall be governed by the terms of this Agreement), each Farly shall <br />be and remain respwisible fbr all liabWV arising out of those posse.:, claims, <br />dam agc9, demands, St19.tS, causes of nation, fines, penalties, ex and iabilities, <br />including without limieation attorneys' fcccs and other costs associated tho twith (all <br />of the aforesaid herein rcfenred to collectively as "CIaims"). arising out of or <br />4