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of any Future Wells. Regardless of the foregoing notice requirements, Petroleum Development <br />Corporation shall have immediate access to any of its facilities in the event of an emergency. <br />After receipt of the above notice, but not less than ten (10) working days prior to <br />Petroleum Development Corporation's mobilization on the applicable Oil and Gas Operations <br />Areas, either Petroleum Development Corporation or Journey Ventures, LLC may request an on- <br />site meeting. The purpose of the meeting shall be to inform Journey Ventures, LLC of the <br />expected activity and to coordinate and agree on site access, hazards, barricades, restoration or <br />any other issues that affect the use and safety of Journey Ventures, LLC's development and/or <br />operations, and to the extent such plans affect or impair the Journey Ventures Pit, Petroleum <br />Development Corporation shall not proceed with its plans until agreement is reached. <br />7. COMPLIANCE WITH SAFETY REGULATIONS. <br />Petroleum Development Corporation understands that Journey Ventures, LLC surface <br />mining operations on the Property are subject to certain OSHA regulations. Petroleum <br />Development Corporation agrees that while conducting operations on Property, it will comply <br />with such reasonable OSHA requirements which Journey Ventures, LLC notifies Petroleum <br />Development Corporation are applicable to Petroleum Development Corporation's operations on <br />the Property. Petroleum Development Corporation also agrees to cause its contractors and <br />subcontractors to comply with such requirements. <br />8. DRILLING AND COMPLETION OPERATIONS <br />Petroleum Development Corporation shall diligently pursue any drilling operations to <br />minimize the total time period and to avoid rig relocations or startup during the course of <br />drilling. <br />9. DEVELOPMENT PLANS. <br />Journey Ventures, LLC has provided herewith copies to Petroleum Development <br />Corporation of its Mining Permit Application, and the engineering structural report prepared in <br />connection with the Mining Permit Application (the "Plans"). Petroleum Development <br />Corporation acknowledges receipt of said Plans and, will not object and will support Journey <br />Ventures, LLC through the permit application process. Petroleum Development Corporation <br />hereby waives and releases any objections to said Plans prior to and following approval by the <br />DRMS. <br />10. LIMITATION OF LIABILITY, RELEASE AND INDEMNITY. <br />a. No party shall be liable for, or be required to pay for, special, <br />punitive, exemplary, incidental, consequential or indirect damages to any other party <br />for activities undertaken within the scope of this agreement; <br />b. Except as to claims arising out of pollution or environmental <br />damage (which claims are governed by Section 11 below) or out of breach of this <br />Agreement (which claims shall be governed by the terms of this Agreement, including <br />as set forth in 10(c) below), each party shall be and remain responsible for its own <br />liability for all losses, claims, damages, demands, suits, causes of action, fines, <br />Page 6 of 10 <br />15