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2011-12-29_PERMIT FILE - C1981012A (7)
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2011-12-29_PERMIT FILE - C1981012A (7)
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Last modified
9/26/2022 3:43:45 PM
Creation date
1/18/2012 2:31:41 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981012A
IBM Index Class Name
Permit File
Doc Date
12/29/2011
Section_Exhibit Name
Exhibit 34 Ownership and Right of Entry
Media Type
D
Archive
Yes
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a. NECC shall make every reasonable effort to minimize any interference with <br />Pacesetter Energy's activities being conducted at the Property. <br />b. NECC shall maintain in a reasonably neat and clean condition at all times both <br />the areas of the Property in the vicinity of the environmental surveying and all other areas of the <br />Property utilized in connection with the environmental surveying. <br />c. Following the conclusion of the environmental surveying, NECC shall remove <br />from the Property all tools, supplies, and materials used in connection with such activities and <br />shall restore the Property to a substantially similar condition as existed immediately prior to the <br />activities described in this Agreement and in compliance with the applicable reclamation <br />requirements of the Colorado Division of Reclamation Safety and Health. <br />d. NECC shall provide Pacesetter Energy with forty -eight hour (telephone) notice <br />of its intent to enter upon the Property. <br />e. Persons entering the Property for the purposes set forth herein may be asked by <br />employees or authorized representatives of Pacesetter Energy to produce appropriate <br />identification and may be excluded from the Property if they fail to do so. <br />4. Term. The consent and grant of right to enter the Property by NECC provided by <br />this Agreement shall terminate on November 1, 2011 ( "Termination Date"); provided however, <br />that by written notice by NECC to Pacesetter Energy not later than 10 days prior to the <br />Termination Date, NECC may elect to extend the Termination Date for an additional 30 days. <br />5. Indemnification. NECC hereby covenants and agrees to indemnify and hold harmless <br />Pacesetter Energy, its affiliates, successors and assigns, from and against any claim, damages, <br />liability, responsibility or action whatsoever, made by any person, entity or governmental <br />authority, arising from NECC's presence on, or use of the Property. <br />6. Successors and Assigns This Agreement is binding upon and shall inure to the <br />benefit of the successors and assigns of the parties. <br />7. Authority. Each person executing this Agreement on behalf of a party represents and <br />warrants that he or she is authorized to execute this Agreement on behalf of such party and to <br />bind such a party by its terms. <br />Signature Page to Follow <br />2 <br />
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