Laserfiche WebLink
(b) No structures, permanent or temporary, shall be constructed within 150 <br />feet of any wall, water or natural gas pipeline, buried electric line or other structure owned or <br />operated by Pioneer within the Area of Interest; <br />(c) The rights of way depicted by the thick black line on Exhibit "A" shall <br />remain clear and accessible at all times unless Pioneer consents in advance in writing to any <br />obstruction thereof; and <br />(d) No roads constructed, owned or maintained by Pioneer shall be used by <br />Operator or its contractors or agents without the prior written consent of Pioneer. <br />I Operator agrees to reimburse Pioneer for any damages to Pioneer's property, loss <br />of production or for any injury to Pioneer personnel arising from or attributable to Operator' <br />operations in the Area of Interest. Operator shall take appropriate measures as set forth in <br />applicable laws, rules and regulations to contain stormwater runoff from its site and shall be <br />responsible for mitigating any stormwater runoff onto Pioneer sites caused by its operations in <br />the Area of Interest <br />4. Operator hereby agrees to release and shall defend, indemnify, and save and hold <br />harmless Pioneer and its parents and affiliates, and their respective shareholders, officers, <br />directors, employees, agents and representatives, from and against any and all losses, costs, <br />expenses (including court costs, reasonable fees and expenses of attorneys, technical experts and <br />expert witnesses and the cost of investigation), liabilities, damages, demands, suits, claims, and <br />sanctions of every kind and character (including civil fines) which arise from or are attributable <br />to Operator' operations in the Area of Interest. <br />5. Operator will conduct its operations in the Area of Interest in accordance with all <br />applicable laws, rules, regulations orders and judgments. Upon termination of all operations <br />contemplated herein in the Area of Interest, Operator agrees that it will at its sole cost and <br />expense restore all areas used or occupied in its operations, in compliance with all applicable <br />laws, rules and regulations and governmental or judicial orders which may be in effect at the <br />time of the execution of this Agreement and hereby releases Pioneer from any liability <br />therefrom. <br />6. The effectiveness of this Agreement is expressly conditioned on Operator <br />obtaining a permit from the MLRB for its operations in the Area of Interest This Agreement <br />shall terminate on the earlier of the expiration of Operator's permit from the MLRB or the <br />abandonment or cessation of gravel mining in the Area of Interest for the period of one <br />consecutive year. In addition, Pioneer may terminate this Agreement if <br />(a) at any time, Operator materially breaches the terms hereof and after notice <br />of such breach, Operator fails to cure such breach within thirty days after such notice; or <br />(b) Operator makes a general assignment for the benefit of creditors, files a <br />voluntary bankruptcy petition, becomes the subject of an order for relief or is declared insolvent <br />in any federal or state bankruptcy or insolvency proceedings, files a petition or answer seeking a <br />reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief