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d. Excavation within the Oil and Gas Operations Areas will be coordinated with Noble in a <br />mutually acceptable manner so as to avoid conflict with Noble's oil and gas operations and to ensure <br />there is an appropriate safety plan and interim emergency procedures. Mining Parties will bear all costs <br />associated with such mining operations, including permanent or temporary rerouting and replacement of <br />access roads, flowlines, and utility lines in order to prevent unnecessary interruption of production from <br />any Well. In addition, notwithstanding any other provision of this Agreement, Mining Parties and their <br />successors and assigns shall defend, indemnify and hold Noble harmless from any and against any claims, <br />demands, damages, losses and liabilities, penalties, costs and expenses including court costs and <br />attorney's fees, incurred by Noble as a result of Mining Parties' excavation operations within the Oil and <br />Gas Operations Areas. Upon completion of mining operations, Mining Parties shall fill and level the <br />mined areas to create an even grade throughout the Oil and Gas Operations Area and/or Production <br />Facility Location and shall reclaim lands outside of the OGOAs in accordance with Mining Parties' Site <br />Reclamation Plan attached hereto as Exhibit C. <br />e. Mining Parties will not locate any future lot line or any building, structure or other improvement <br />within any Oil and Gas Operations Area or Production Facility Location. Mining Parties understand and <br />acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead <br />and public roads, production facilities, building units and surface property lines, among other things. In <br />order to give full effect to the purposes of this Agreement, Mining Parties hereby consent to and waive its <br />rights to object to the location of any Well and or Production Facility on the basis of the setback <br />requirements in the rules and regulations of the COGCC, as they may be amended from time to time. <br />Mining Parties further and similarly consent to and waive their rights to object to any other state or local <br />setback requirement or other requirement or regulation that become inconsistent with this Agreement or <br />that would prohibit or interfere with the rights of Noble, its successors and assigns, to explore for and <br />produce the oil and gas in accordance with this Agreement. Noble or its successors and assigns may cite <br />the waiver in this Section in order to obtain a location exception or variance under COGCC rules or from <br />any other state or local governmental body having jurisdiction; provided, however, Mining Parties shall <br />not be required to enlarge the amount of the surface area of an Oil and Gas Operations Area to <br />accommodate the location exception or variance. Mining Parties will provide Noble, or its successors and <br />assigns, with whatever written support Noble may reasonably require to obtain permits from the COGCC <br />or any local jurisdiction and will reasonably cooperate at no material cost to Mining Parties in any efforts <br />of Noble or its successors and assigns to obtain such permits. <br />3. Gathering Lines and Flowlnnes. <br />a. Subject to the terms in this Agreement, Noble has a continuing right and entitlement to <br />own, operate, maintain, repair and replace all flowlines, gathering lines and other pipelines that may be <br />necessary or convenient to its operations on the Property ("Pipelines"). Except as may be otherwise <br />agreed upon between the parties, the construction and burying of Pipelines shall be at the sole cost and <br />expense of Noble or its gas purchaser. Although this Agreement identifies the locations for existing <br />pipelines, flowlines and pipeline easements, nothing herein limits the rights of Noble to route pipelines or <br />flowlines to Wells in the event of unforeseen circumstances associated with mining operations, <br />topographic matters and any other circumstance that Noble could not have foreseen and so long as such <br />pipelines or flowlines do not materially impact the then current operations for the development of the <br />surface estate. <br />b. Noble shall have the right to lay Pipelines within the "Petroleum Pipeline Easements" <br />depicted on Exhibit B or at such other locations as may be mutually agreed to in writing by the parties. <br />Except for those portions of the Petroleum Pipeline Easements that are identified on Exhibits B as <br />specifically being more than thirty (30) feet in width, if any, Petroleum Pipeline Easements shall be fifty <br />-3-