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penalties, expenses and liabilities, including without limitation attorneys' fees and
<br />other costs associated therewith (all of the aforesaid herein referred to collectively as
<br />"Claims"), arising out of or connected with each such party's ownership or operations
<br />on the Property, no matter when asserted, subject to applicable statutes of limitations.
<br />Each such party shall release, defend, indemnify and hold the other parties, their
<br />officers, directors, employees, successors and assigns, harmless against all such
<br />Claims. This provision does not, and shall not be construed to, create any rights in
<br />persons or entities not a party to this Agreement, nor does it create any separate rights
<br />in parties to this Agreement other than the right to be indemnified for Claims as
<br />provided herein;
<br />c. Each party ("indemnifying party") agrees to defend, indemnify and
<br />hold harmless, the other party ("indemnified party") from and against all Claims
<br />incurred by or assessed against an indemnified party solely to the extent the same arise
<br />out of third-party claims relating to any breach of this Agreement by the indemnifying
<br />party or any actual or threatened injury or damage (except Environmental Claims
<br />which are exclusively addressed in Section 11) to any person or property caused, or
<br />alleged to be caused, by acts or omissions of the indemnifying party or its agents.
<br />11. ENVIRONMENTAL INDEMNITY.
<br />The provisions of Section 10 above, except for Section 10.a., shall not apply to any
<br />environmental matters, which shall be governed exclusively by the following, subject to the
<br />limitations of Section 10.a. above:
<br />a. "Environmental Claims" shall mean all Claims asserted by governmental
<br />bodies or other third parties for pollution or environmental damage of any kind, arising
<br />from operations on or ownership of the Property or ownership of the oil and gas
<br />leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines
<br />and penalties associated therewith, including but not limited to any Claims arising from
<br />Environmental Laws or relating to asbestos or to naturally occurring radioactive material.
<br />Environmental Claims shall not include the costs of any remediation undertaken
<br />voluntarily by any party, unless such remediation is performed under the imminent threat
<br />of a Claim by a governmental body or other third party;
<br />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. Petroleum Development
<br />Corporation shall protect, indemnify, and hold harmless Journey Ventures, LLC,
<br />homeowners association and any lot owner who purchases a lot from Journey
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