Each permit issued by the town under this article shall include the
following language and regardless of whether such language is actually
included in the permit, it shall be deemed to be included therein
and binding on the operator as a condition of the permit:
“OPERATOR DOES HEREBY EXPRESSLY AND IRREVOCABLY RELEASE
AND DISCHARGE ALL CLAIMS, DEMANDS, ACTIONS, JUDGMENTS AND EXECUTIONS
OF ANY AND ALL KINDS WHICH IT OR ITS SUCCESSORS OR ASSIGNS EVER HAD,
OR NOW HAS OR MAY HAVE, OR CLAIMS TO HAVE, AGAINST THE TOWN OF FAIRVIEW,
TEXAS, ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, EMPLOYEES, SPONSORS
OR VOLUNTEERS, THE INSPECTOR, AND EACH OF THEIR RESPECTIVE HEIRS,
PERSONAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE TOWN OF FAIRVIEW,
TEXAS AND ALL OTHER FOREGOING PARTIES BEING HEREIN REFERRED TO COLLECTIVELY
AS THE “INDEMNIFIED PARTIES”) CREATED BY OR ARISING OUT
OF PERSONAL INJURIES, KNOWN OR UNKNOWN, OR INJURIES TO PROPERTY, REAL
OR PERSONAL, OR IN ANY WAY INCIDENTAL TO OR IN CONNECTION WITH THE
PERFORMANCE OF THE WORK PERFORMED BY THE OPERATOR UNDER A WELL PERMIT.
OPERATOR AGREES TO FULLY DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS
THE INDEMNIFIED PARTIES FROM AND AGAINST EACH AND EVERY CLAIM, DEMAND
OR CAUSE OF ACTION AND ANY AND ALL LIABILITY, DAMAGES, OBLIGATIONS,
JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, FEES AND EXPENSES INCURRED
BY THE INDEMNIFIED PARTIES CAUSED BY OR ARISING OUT OF, INCIDENTAL
TO, OR OTHERWISE IN CONNECTION WITH ANY WORK PERFORMED BY OPERATOR
UNDER A WELL PERMIT, INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES
AND DEATH IN CONNECTION THEREWITH WHICH MAY BE MADE OR ASSERTED BY
OPERATOR OR OPERATOR’S AGENTS, ASSIGNS OR ANY THIRD PARTIES. OPERATOR AGREES TO FULLY DEFEND, PROTECT, INDEMNIFY AND HOLD HARMLESS
THE INDEMNIFIED PARTIES FROM ANY CLAIMS, LIABILITIES OR DAMAGES SUFFERED
AS A RESULT OF CLAIMS, DEMANDS, COSTS OR JUDGMENTS AGAINST THE INDEMNIFIED\PARTIES,
CREATED BY OR ARISING OUT OF THE ACTS OR OMISSIONS OF THE TOWN OF
FAIRVIEW OR ANY OF THE OTHER INDEMNIFIED PARTIES, OCCURRING ON THE
DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING
AND PERMITTING THE OIL AND GAS WELLS, INCLUDING, BUT NOT LIMITED TO
CLAIMS, LIABILITIES, AND DAMAGES ARISING IN WHOLE OR IN PART FROM
THE NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES, INCLUDING THE SOLE
NEGLIGENCE OF ANY INDEMNIFIED PARTY, OCCURRING IN THE COURSE AND SCOPE
OF PERMITTING OR INSPECTING THE WELLS, DRILL SITES, PIPELINES, AND
OTHER AREAS INVOLVED IN OPERATOR’S ACTIVITIES. IT IS UNDERSTOOD
AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY
EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE TOWN OF FAIRVIEW,
TEXAS AND THE OTHER INDEMNIFIED PARTIES FROM THE CONSEQUENCES OF THE
NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES, WHETHER THAT NEGLIGENCE
IS THE SOLE OR A CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH
AND/OR DAMAGE. THE FOREGOING IS NOT INTENDED TO REQUIRE
THE OPERATOR TO INDEMNIFY THE INDEMNIFIED PARTIES FROM THE INDEMNIFIED
PARTIES’ GROSS NEGLIGENCE OR INTENTIONAL HARM, IRRESPECTIVE
OF WHETHER THAT GROSS NEGLIGENCE OR INTENTIONAL HARM IS THE SOLE OR
A CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH AND/OR DAMAGE.”