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REV09010
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REV09010
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Entry Properties
Last modified
8/25/2016 1:09:31 AM
Creation date
11/21/2007 9:58:41 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
X200622701
IBM Index Class Name
Revision
Doc Date
7/23/2007
Doc Name
Response to 7/10/07 Adequacy Letter
From
Juniper Coal Company
To
DRMS
Type & Sequence
AM1
Media Type
D
Archive
No
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6. JCC's ASSUMPTION OF RISK. INDEMNIFICATION AND <br />RELEASE OF LIABILTIY. As a material consideration for the privilege of <br />using the Premises, JCC hereby assumes all risk and responsibility for <br />any loss, damage, injuries or other causality of whatsoever kind or by <br />whomsoever caused, to the person or property of anyone, including those <br />caused by the negligence of CLC's employees or agents resulting from, <br />arising out of , or in any way connected with the occupation or use of the <br />Premises by JCC, or the failure on the part of JCC to perform all and <br />singular JCC's promises herein. JCC shall be liable upon any theory <br />available against CLC under the law including negligence and any theory <br />of non-negligence liability, including strict liability in tort and breach of <br />warranty. JCC does hereby waive and release and agree to indemnify <br />and to hold harmless CLC its agents and employees from any and all <br />claims for such injuries and damages, including exemplary damages and <br />any expenses connected herewith, reasonable attorney fees and legal <br />costs which CLC is compelled to pay, including those for the defense of <br />groundless suits. Further, CLC shall not be liable to JCC if for any <br />reason CLC's use of the Premises is hindered or disturbed. <br />7. DAMAGE TO CLC PROPERTY. JCC agrees to pay for damage <br />to growing crops, pasturage, timber, fences, drain tile, buildings, or any <br />other property of CLC on the Premises damaged as a result of JCC's <br />exercise of the privileges granted under this Agreement. <br />8. NUISANCE. JCC shall not perform any disorderly conduct or <br />commit any nuisance on the Premises or use the Premises in any way so <br />as to interfere with the exercise of privileges which CLC may have given <br />other licenses or permitees in the Premises. <br />9. PRIVILEGE NOT ASSIGNABLE. JCC's privileges hereunder <br />shall not be assignable by JCC in whole or in part. <br />10. TERMINATION. This Agreement may be revoked and all <br />rights hereunder terminated at any time by CLC by notice, including but <br />not limited to notice by posting of signs upon the Premises effectively <br />revoking the rights granted herein. This Agreement shall become void <br />automatically without further notice upon violation of any of its <br />provisions. <br />11. LICENSE ONLY. JCC agrees that it does not and shall not <br />claim at any time any interest or estate of any kind or extent whatsoever <br />in the Premises, by virtue of this Agreement or its occupancy or use <br />hereunder. JCC shall not be deemed in any way to be the servant, agent <br />or representative of CLC in the exercise of the privileges granted under <br />this Agreement. <br />
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