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12. Restricted Use of the Surface by Noble.
<br />Except for the Oil and Gas Operations Areas, Production Facility Locations, Petroleum Pipeline
<br />Easements, Pipelines and the access roads provided for in this Agreement, Noble shall not occupy the
<br />surface of the Property, except in the event of an emergency or for reasonable incidental, temporary and
<br />non-damaging activities, for which Noble shall be responsible for any damages that it causes that may
<br />occur to the Property.
<br />13. Limitation of Liability. Release and Indemnity.
<br />a. No party shall be liable for, or be required to pay for, special, punitive, exemplary,
<br />incidental, consequential or indirect damages to any other party for activities undertaken within the scope
<br />of this Agreement.
<br />b. Except as to claims arising out of pollution or environmental damage (which claims are
<br />governed by Section 15 below) or out of other provisions of this Agreement (which claims shall be
<br />governed by the terms of this Agreement), each party shall be and remain responsible for its own liability
<br />for all losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities,
<br />including without limitation, reasonable attorneys' fees and other costs associated therewith (all of the
<br />aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's
<br />operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each
<br />party shall release, defend, indemnify and hold the other party, its officers, directors, employees,
<br />successors and assigns, harmless against all such Claims. This provision does not, and shall not be
<br />construed to, create any rights in any person or entity not a party to this Agreement, nor does it create any
<br />separate rights in parties to this Agreement, other than the right to be indemnified for Claims as provided
<br />herein.
<br />C. Upon the assignment or conveyance of a party's entire interest in the Property, that party
<br />shall be released from the indemnification in Section 13.b. above, for all actions or occurrences happening
<br />after such assignment or conveyance.
<br />14. Environmental Indemnity.
<br />The provisions of Section 13 above, except for Section 13.a., shall not apply to any environmental
<br />matters, which shall be governed exclusively by the following, subject to the limitations of Section 13.a.
<br />above:
<br />a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other
<br />third parties for pollution or environmental damage of any kind, arising from operations on the Property
<br />and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited
<br />to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring
<br />radioactive material. 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 of a Claim by a
<br />governmental body or other third party.
<br />b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of
<br />any governmental authority(ies) which relate to or otherwise impose liability, obligations, or standards
<br />with respect to pollution or the protection of public health and/or the environment, including but not
<br />limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
<br />amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§
<br />6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§
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