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WATER CONTRACTS, THE BUREAU INDUSTRIAL WATER OR THE CRWCD WATER;
<br />THAT ENTERING INTO THIS AGREEMENT, KIRKLAND EXPRESSLY RELEASES
<br />GALLOWAY SG, BVR AND ANYONE ACTING ON THEIR BEHALF FROM ALL SUCH
<br />MATTERS AND ACKNOWLEDGES THAT IT IS RELYING SOLELY ON ITS OWN
<br />INVESTIGATION AND HAS NOT RELIED UPON ANY REPRESENTATION, STATEMENT
<br />OR WARRANTY OF GALLOWAY SG ORBVR OR ANYONE ACTING FOR OR ON
<br />BEHALF OF GALLOWAY SG OR BVR, OTHER THAN AS EXPRESSLY CONTAINED IN
<br />THIS AGREEMENT; AND THATKIRKLAND DOES HEREBY WAIVE AND GALLOWAY
<br />SG AND BVR DO HEREBYDISCLAHA ALL WARRANTIES OF ANY KIND OR TYPE
<br />WHATSOEVER WITH RESPECT TO THE PROPERTY, THE ELECTRIC SERVICE, THE
<br />WATERRIGHTS, THE WATER CONTRACTS, THE BUREAU INDUSTRIAL WATER OR
<br />THE CRWCD WATER, WHETHER EXPRESSED OR IMPLIED. KIRKLAND HAS NOT
<br />RELIED AND WILL NOT RELY ON, AND NEITHER GALLOWAY SG NOR BVR SHALL
<br />BE LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES,
<br />GUARANTIES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING
<br />OR RELATING TO THE PROPERTY, THE ELECTRIC SERVICE, THE WATER RIGHTS,
<br />THE WATER CONTRACTS, THE BUREAU INDUSTRIAL WATER OR THE CRWCD
<br />WATER MADE OR FURNISHED BY GALLOWAY SG OR BVR OR ANY AGENT
<br />REPRESENTING OR PURPORTING TO REPRESENT GALLOWAY SG OR BVR, TO
<br />WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY, VERBALLY OR IN
<br />WRITING, UNLESS SPECIFICALLY SET FORTH HEREIN, AND KIRKLAND EXPRESSLY
<br />HOLDS GALLOWAY SG AND BVR HARMLESS IN RELATION TO SUCH MATTERS.
<br />11. Release, Indemnification; Insurance.
<br />a. Release; Limitation of Liability. Kirkland, for itself and its partners, directors,
<br />shareholders, members, managers, servants, employees, agents, representatives, contractors,
<br />licensees, and invitees (each a "Kirkland Affiliated Party ") permitted to access the Property,
<br />assumes all-risks involved in the use of the Water Rights and Electric Service orpresence on the
<br />Property and hereby releases and forever discharges Galloway SG, BVR, and their respective
<br />officers, directors, shareholders, managers, members, agents, employees, contractors, successors,
<br />and assigns from any liability for loss, damage, or injury incurred by Kirkland and /or a Kirkland
<br />Affiliated Party in any way arising out of; related to or in connection with Kirkland's and /or any
<br />Kirkland Affiliated Party's use of the Water Rights or Electric Service or entry or presence on, or
<br />use of, the Property.
<br />b. Indemnification. Kirkland agrees to indemnify, defend, and hold harmless
<br />Galloway SG', BVR, and their respective, officers, directors, shareholders, managers, members,
<br />agents,- employees, contractors, successors, and assigns (collectively, the "Indemnitees ") from
<br />and against any and all losses, costs, expenses, liabilities, damages, cldims, liens, demands,
<br />actions, and causes of action whatsoever (including, without limitation, reasonable attorney and
<br />expert fees and costs) arising out of or related in any way to any loss, cost, damage, or injury,
<br />including death of any person or damage to property of any kind, which damage, loss, or injury
<br />is caused, directly or indirectly, in whole or in part, by Kirkland's and/or a Kirkland Affiliated
<br />Party's use of the Water Rights or Electric Service or presence on the Property, breach of this
<br />Agreement and /or the performance of any act (or failure to perform any act where a duty existed)
<br />6
<br />2104398.3
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