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By acceptance and use of this list, the client and its agents agree to all of the following: <br />William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen <br />certified by the American Association of Petroleum Landmen who have been asked by Client or <br />Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5- <br />103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado <br />Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the <br />Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado <br />limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren <br />is an attorney licensed to practice law. <br />Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the <br />Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall <br />conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren <br />and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, <br />completeness or sufficiency of any such listing of mineral estate owners. In the event any such <br />listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way <br />whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed <br />the actual amount paid by Client to C&Z for such listing. <br />In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to <br />indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons <br />(including but not limited to Client) of whatever kind or character arising out of the preparation and <br />use of each such listing of mineral estate owners, to the extent that such claims exceed the actual <br />amount paid by Client to C&Z for such listing. <br />Client specifically intends that both the foregoing limitation on liability and the foregoing <br />indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or <br />defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or <br />of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of <br />any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple <br />or gross). <br />Crews & Zeren, LLC <br />Mineraf Title Services <br />P.O. Box336337 (970) 351-0733 <br />Greeley, CO 80633-0606 Page 3 of 3 Fad, (970) 351-0867