Fill and Sign the Proprietary Technology Horizontal Well Form

PROPRIETARY TECHNOLOGY – HORIZONTAL WELL – RESTRICTION ON DISCLOSURE It is understood by the parties that this Agreement is being entered into with the expectation that one or more horizontal well may be drilled within the Contract Area. For purposes of this provision “Horizontal Well” shall mean an Oil or Gas well in which the actual or proposed horizontal component of such gross Completion interval. It is recognized that certain horizontal drilling techniques, processes and equipment which may be utilized by Operator, or which may be utilized by third parties with whom Operator contracts on a proprietary and confidential basis, as well as all data and inform ation collected from the use of the techniques, processes, and equipment, or arising at a future date from same, either because of agreements or techniques developed by Operator, or agreements entered into after the execution of this Agreement, are confidential and proprietary to Operator. Accordingly, it is agreed that notwithstanding anything contained in this Agreement t o the contrary, any process, information, equipment, or data this is, or may become, of a proprietary and confidential nature to Operator, either through contract or by its own endeavors regarding the exploration for or the drilling of Horizontal Wells shall be and remain the sole property and information of Operator (and where appropriate, the party with whom it has contracted for the proprietary and confidential process, information, equipment, or data); and the process, information, equipment, or data shall not be divulged to the other parties until t he time as the contract or proprietary right shall expire or until Operator shall deem the informa tion to be public knowledge (either under the terms of an existing agreement or by its own pronouncement). In addition, at any time or times as any proprietary and confidential processe s, techniques, or equipment are being utilized, Operator may restrict the parties’ ac cess to the Contract Area.