(B)
GRANTEE OR ITS REPRESENTATIVE, AT THE TRUST'S EXPENSE, MAY INSPECT
AND COPY SUCH BOOKS, RECORDS, AND ACCOUNTS IN THE OFFICES OF GRANTOR DURING
NORMAL BUSINESS HOURS AND UPON REASONABLE NOTICE.
(C)
AT GRANTEE'S REQUEST, SUBJECT TO APPLICABLE RESTRICTIONS ON
DISCLOSURE AND TRANSFER OF INFORMATION, GRANTOR SHALL GIVE GRANTEE AND ITS
DESIGNATED REPRESENTATIVES (ON BEHALF OF THE TRUST) REASONABLE ACCESS IN
GRANTOR'S OFFICE DURING NORMAL BUSINESS HOURS TO (I) ALL GEOLOGICAL, SUBJECT
WELL AND PRODUCTION DATA IN GRANTOR'S POSSESSION OR GRANTOR'S AFFILIATES'
POSSESSION, RELATING TO OPERATIONS ON THE SUBJECT INTERESTS AND (II) ALL RESERVE
REPORTS AND RESERVE STUDIES IN THE POSSESSION OF GRANTOR OR OF GRANTOR'S
AFFILIATES, RELATING TO THE SUBJECT INTERESTS, WHETHER PREPARED BY GRANTOR, BY
GRANTOR'S AFFILIATES, OR BY CONSULTING ENGINEERS.
(D)
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY
OR COMPLETENESS OF ANY SUCH DATA, REPORTS, OR STUDIES REFERRED TO IN SECTION
3.6(C) AND SHALL HAVE NO LIABILITY TO GRANTEE, THE TRUST OR ANY OTHER PERSON
RESULTING FROM SUCH DATA, STUDIES, OR REPORTS.
ARTICLE IV
OPERATION OF THE SUBJECT INTERESTS
4.1
OPERATIONS STANDARD.
TO THE EXTENT THAT GRANTOR CONTROLS SUCH
MATTERS AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, GRANTOR AGREES THAT
IT WILL CONDUCT AND CARRY ON, OR CAUSE TO BE CONDUCTED AND CARRIED ON, THE
EXPLORATION, DEVELOPMENT, MAINTENANCE AND OPERATION OF THE SUBJECT INTERESTS IN
THE SAME MANNER AS A REASONABLY PRUDENT OPERATOR IN THE STATE OF KANSAS WOULD DO
UNDER THE SAME OR SIMILAR CIRCUMSTANCES ACTING WITH RESPECT TO ITS OWN
PROPERTIES (WITHOUT REGARD TO THE EXISTENCE OF THE NET PROFITS INTEREST);
PROVIDED THAT IN NO EVENT SHALL GRANTOR BE DEEMED IN BREACH OF THE FOREGOING
STANDARD IN CONNECTION WITH COSTS OR CHARGES PAID BY GRANTOR TO ANY RELATED
PARTY FOR OPERATIONS WITH RESPECT TO THE SUBJECT INTERESTS IN ACCORDANCE WITH
SECTIONS 5.5 AND 5.6 OF THE LLC AGREEMENT.
GRANTEE ACKNOWLEDGES THAT GRANTOR IS
AND SHALL BE AN UNDIVIDED INTEREST OWNER WITH RESPECT TO THE SUBJECT INTERESTS.
GRANTEE AGREES THAT THE ACTS OR OMISSIONS OF GRANTOR'S CO-OWNERS SHALL NOT BE
DEEMED TO CONSTITUTE A VIOLATION OF THE PROVISIONS OF THIS SECTION 4.1, NOR
SHALL ANY ACTION REQUIRED BY A VOTE OF CO-OWNERS BE DEEMED TO CONSTITUTE SUCH A
VIOLATION SO LONG AS GRANTOR HAS VOTED ITS INTEREST IN A MANNER DESIGNED TO
COMPLY WITH THIS SECTION 4.1.
NOTHING CONTAINED IN THIS SECTION 4.1 SHALL BE
DEEMED TO PREVENT OR RESTRICT GRANTOR FROM ELECTING NOT TO PARTICIPATE IN ANY
OPERATIONS THAT ARE TO BE CONDUCTED UNDER THE TERMS OF ANY OPERATING AGREEMENT,
UNIT OPERATING AGREEMENT, CONTRACT FOR DEVELOPMENT, OR SIMILAR INSTRUMENT
AFFECTING OR PERTAINING TO THE SUBJECT INTERESTS (OR ANY PORTION THEREOF) AND
PERMITTING CONSENTING PARTIES TO CONDUCT NON-CONSENT OPERATIONS THEREON IF A
REASONABLY PRUDENT OPERATOR IN THE STATE OF KANSAS ACTING WITH RESPECT TO ITS
OWN PROPERTIES (WITHOUT REGARD TO THE EXISTENCE OF THE NET PROFITS INTEREST)
WOULD MAKE SUCH ELECTIONS.
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4.2
POOLING AND UNITIZATION.
GRANTOR SHALL HAVE THE RIGHT TO POOL OR
UNITIZE ALL OR ANY OF THE LEASES AS TO