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02/19/2008 12:58 3038576789 <br />JUL_11-86 68:23 PM K.CRPUCH <br />14-08-20118 01:11an From-HALL IRWIR CORP <br />MERIT ENERGY <br />444 4517 <br />UmFia <br />PAGE 05/11 <br />P.05 <br />T-819 P.088/008 P-439 <br />co=wcted with each such party's respective operations on the Pmperiy, ts? matter <br />when asscrWd, subject to applicable statutes of lirnitadons. Each part hercbY <br />releases, =d agrees to dcfmd, buter nify and hold the other parties, dmir sfi3cen, <br />directors, cmployeous, successors and assigns harnnless, from and against all such <br />Claims. This provision does not, and shah not be construed to, create any fights in <br />persons or entities not a pally to this Agrcsgment. nor does it create arty separate <br />rights in parties to this Amt other than the right to be Indemnified fa • Claims <br />as proN4ded batirL <br />a. Merit shall not permit any liens to be filed on or otherwise atbwh to, the I Ywper% <br />and in the event any such liens are filed by a person pursuant to any statue or auy <br />liert attaches by operation of law or otherwise, Merit shall take SU necessar ( action, <br />at its sole cost and expcnsc, to have such lien discharged and released as I romptly <br />as practicable, except that Merit sbalI have the tight to file an operator's lies i against <br />other ovi aers of the oil and gas leasehold interest to recover amounts owed :o Merit. <br />d. Upon the assignment or conveyance of a parry's entire interests in rho Prop =try, that <br />party shall be released from its indt -w0eadon in Section S.b above, for a! I actions <br />or occurrences happening after the assignmcat or conveyance. <br />9. ENVI)R ONIMINTAL INDTMMTY. <br />'he provisions of Section S. about, except for Sccdon 8.a., shall not appk, to any <br />ezty ronmental .matters, which shall be governed exclusively by the following, s ibject to <br />the Umitatiors of Scctiton 8.a.: <br />IL "Environmental Clams" shall mew all Clohns asserted by governmental' )odies or <br />other third parties for pollution or environmental damage of guy kind, ari: ing from <br />operations on or owncnbip of the Property or ownership of the oil and gas <br />leasehold intotest, whichever is applicable, and all cleanup and remedW an costs. <br />Baca and penalties associated therewith, includh* but not limited t D an r Claims <br />arising from Environmental Laws or relating to asbestos or to naturally ticaurring <br />radioactive material. Enmronmantal Claims shall not include tau costs of any <br />remediation undertaken voluntully by any party, unless such remecration is <br />pergumed under the imminent threat of a Claim by governmental bodle: or other <br />third parties; <br />b.. L'Envirottutamtal Laws" shall mean any laws, regulations, rules, ordinance; , or other <br />of my gover=ental authority (ies), which relate to or otherwise impose liability, <br />obli ationt, or amdwds with respect to pollution: or the pratectio t of the <br />environment, including but tot MrAted to. the Comprehensive Envit anmcntal <br />Response, Compensation and Liability Act of 1980, as amended (42 U.5! § 9601 <br />e sgg), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. if 6901 <br />gLj%" the Clm Wain Act (33 U.S.C. §§ 466 et ,flue Safe DiiWd mg Water <br />5