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• <br /> 9. LIABILITY FOR DAMAGE OR INJURY AND INDEMNITY: <br /> a) Nothing in this Agreement shall exempt Jess J. Jensen and Paul <br /> Bailey from liability for any damage, loss or injury caused to <br /> any person, property or interest as a result of the exercise by <br /> Jess J. Jensen and Paul Bailey of any rights or powers granted to <br /> them under this Agreement. <br /> b) Jess J. Jensen and Paul Bailey shall at all times <br /> indemnify "Sally Kichelmann Family Trust" and its officers and <br /> agents against all claims (and liabilities in respect of any loss <br /> suffered by or damage done to third parties arising out of <br /> the exercise by Jess J. Jensen and Paul Bailey of any rights or <br /> powers granted to them under this Agreement provided that they <br /> shall not so indemnify "Sally Kichelmann Family Trust", its <br /> officers and agents where the claim or liability arises out of <br /> the wrongful or negligent acts of "Sally Kichelmann Family <br /> Trust", its officers and agents . <br /> 10. WATER USE <br /> Jess J. Jensen and Paul Bailey are permitted the use of San <br /> Miguel River water rights belonging to Sally Kichelmann Family <br /> Trust which amounts to 1 cubic foot of water when available for <br /> the mining operations for the term of the lease. <br /> 11. PAYMENT <br /> For all rights and privileges granted TO Jess J. Jensen and Paul <br />