claims not yet instituted as of the date of revocation. Operator
understands that it is bound by the terms of the Program with respect to all
Disputes with Nabors employees, regardless of whether such Dispute is initiated
by the employee or by Operator. Operator and Nabors acknowledge that the Program
does not apply to disputes between Operator and Nabors and that the Program does
not alter the terms of any indemnification agreement or obligation between them.
A-1-16
26.0
ACCEPTANCE OF AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement upon the
date below shown in several counterparts, each of which shall be considered as
an original.
OPERATOR
CONTRACTOR
NFR ENERGY LLC
NABORS COMPLETION & PRODUCTION SERVICES CO.
BY:
/s/ David J. Sambrooks
BY:
/s/ Ronnie Witherspoon
Signature
Signature
PRINT NAME:
David J. Sambrooks
PRINT NAME:
Ronnie Witherspoon
TITLE:
Chief Executive Officer
TITLE:
EVP
DATE:
December 14, 2012
DATE:
12/14/12
A-1-17
EXHIBIT "A"
PROVISIONS FOR SPECIFIC STATES
TEXAS PROVISIONS
SPECIAL PROVISIONS: IF TEXAS LAW GOVERNS INSURANCE, INDEMNITY:
EACH PARTY SHALL SUPPORT ITS MUTUAL INDEMNITY OBLIGATIONS WITH RESPECT TO THE
INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY WITH LIABILITY
INSURANCE COVERAGE IN FAVOR OF THE OTHER PARTY AND ITS GROUP IN AT LEAST THE
AMOUNTS SET FORTH IN ARTICLE 6 OF THE AGREEMENT. THE PARTIES AGREE THAT SUCH
INSURANCE SHALL SUPPORT, BUT NOT LIMIT THEIR INDEMNITY OBLIGATIONS EXCEPT TO THE
EXTENT MANDATED BY APPLICABLE LAW.
LOUISIANA PROVISIONS
SPECIAL PROVISIONS: IF LOUISIANA LAW GOVERNS INSURANCE, INDEMNITY:
IN ALL CASES WHERE CONTRACTOR'S EMPLOYEES (DEFINED TO INCLUDE CONTRACTOR'S
DIRECT, BORROWED, SPECIAL, OR STATUTORY EMPLOYEES) ARE COVERED BY THE LOUISIANA
WORKERS' COMPENSATION ACT, LA. R.S. 23:1021 ET SEQ., OPERATOR AND CONTRACTOR
AGREE THAT ALL WORK PERFORMED BY CONTRACTOR AND ITS EMPLOYEES PURSUANT TO THIS
AGREEMENT ARE AN INTEGRAL PART OF AND ARE ESSENTIAL TO THE ABILITY OF OPERATOR
TO GENERATE OPERATOR'S GOODS, PRODUCTS AND SERVICES FOR PURPOSES OF LA R.S.
23:1061 (A)(1). FURTHERMORE, OPERATOR AND CONTRACTOR AGREE THAT OPERATOR IS THE
STATUTORY EMPLOYER OF CONTRACTOR'S EMPLOYEES FOR PURPOSES OF LA. R.S.
23:1061(A)(3). IRRESPECTIVE OF OPERATOR'S STATUS AS THE STATUTORY EMPLOYER OR
SPECIAL EMPLOYER (AS DEFINED IN LA R.S. 23:1031(C)) OF CONTRACTOR'S EMPLOYEES,
CONTRACTOR SHALL REMAIN PRIMARILY RESPONSIBLE FOR THE PAYMENT OF LOUISIANA
WORKERS' COMPENSATION BENEFITS TO ITS EMPLOYEES, AND SHALL NOT BE ENTITLED TO
SEEK CONTRIBUTION FOR ANY SUCH PAYMENTS FROM OPERATOR.
Contractor and Operator agree that as respects all Work performed in Louisiana,
or offshore Louisiana, Operator (on behalf of Operator Group as defined in
Section 7.1) will pay to Contractor's insurers (or their agent or
representative) the premium required by their insurer for extending all of
Contractor's insurance policies to include coverage for Company Group as
required under this Agreement, and such insurance protection shall be governed
by Louisiana law. Contractor will arrange to have Operator billed for that
premium by Contractor's insurers (or their agent or representative), and
Contractor will advise Operator prior to the inception of this Agreement if such
premium