Exclusion of Certain Matters. Notwithstanding anything to the contrary elsewhere in the Agreement, (a) claims for Operating Expenses, and for Hydrocarbon production and revenue thereof, shall be handled pursuant to Sections 3.5, 3.6, 3.7 and 3.9 of the Development Agreement, (b) claims for Title Defects and Environmental Defects asserted under Article IV and Article V shall be handled under those Articles, and (c) claims with respect to the termination of the Agreement shall be handled under Section 9.2, and none of those matters shall be subject to the terms of this Article X (other than Section 10.9, which shall apply in all respects).
Appears in 2 contracts
Sources: Acquisition and Development Agreement, Acquisition and Development Agreement (SM Energy Co)