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Page 6 <br /> claims or actions arising from the operations of the Operator on the • <br /> Property. <br /> (02) Binding Effect- The terms and provisions hereof shall be binding <br /> upon, and inure to the benefit of the heirs, representatives , successors, <br /> and assigns of the parties hereto and shall be binding upon all future <br /> owners of all or any part of the Operation and shall be deemed <br /> covenants running with the land. This Agreement shall be placed of <br /> record so as to give notice hereof to subsequent purchasers and <br /> encumbrances of all or any part of the Property, and all recording fees, <br /> if any, shall be paid by the Operator. <br /> (03) Severable- In the event that any portion of this Agreement shall <br /> be held invalid for any reason, the same shall not affect in any respect <br /> whatsoever the validity of the remainder of this Agreement. <br /> (04) Waiver- Any waiver, whether express or implied, by any party of <br /> a breach of any provision of this Agreement will not operate as or be <br /> construed to be a waiver of any subsequent breach of this Agreement. <br /> (05) Notices- All notices and demands specified herein shall be <br /> deemed appropriately and timely given when delivered personally or • <br /> deposited in the United States mail to the addresses hereinafter set <br /> forth by certified mail (return receipt requested). The addresses of the <br /> parties hereto are as follows until changed by written notice given as <br /> above: <br /> S <br /> cupST-Ba/bz/sr <br />