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<br />WARRANTY OF MERCHANTABILITY FITNE88 FOR ANX PARTICIILAR PIIRPOSE. AB
<br />TO THEIR CONDITION OR ANY OTHER WARRANTY EZPRE88 OR IMPLIED
<br />RIMROCK, DAVIB, WATERB AND LANDMARK BPECIFICALLY DISCLAIM ANY
<br />WARRANTY. GIIARANTY OR REPRESENTATION. ORAL OR WRITTEN, PABT OR
<br />PREBENT, EEPRE88 OR IMPLIED, CONCERNING THE PROPERTY OR THE
<br />CRIIBHER. FISHERS ACKNOWLEDGES THAT FZSHERB IS NOT PQRCHABING THE
<br />PROPERTY. AND LANDMARK ACKNOWLEDGES THAT LANDHAR]C IB NOT PDRCBABING
<br />THE CRASHER. IN RELIANCE ON ANY INFORMATION OR REPRESENTATION
<br />PROVIDED HY ANY OTHER PARTY TO THZB AGREEMENT, OR ANY AGENT OF ANY
<br />OTHER PARTY TO THIS AGREEMENT. NO PARTY TO THIS AGREEMENT HAB MADE
<br />ANY REPRESENTATION OR WARRANTY THAT ANY PERSON SSALL ALTER,. REPAIR
<br />OR ZHPROVE THE PROPERTY OR THE CRASHER.
<br />Aar No la r han three b 1 e y g the
<br />conveyance of the Property to Fishers, Rimrock shall ~ to
<br />Landmark all of the funds withheld as a- eclamation Escrow"
<br />pursuant to Section 4 to Exhibit B to the Mining Agreement, except
<br />for the sum of 51,500.00, which Rimrock shall retain for the
<br />purpose of applying towards its, Davis's and Waters's attorneys'
<br />fees incurred in connection with the drafting and revision of this
<br />Agreement and the related documentation. In addition, immediately ~
<br />following the conveyance of the Property to Fishers, the Mining ri~~~
<br />Aggraement shall be deemed fully cancelled, and shall be of no
<br />further force or effect, and neither Rimrock nor Landmark shall
<br />have any further liabilities or rights thereunder.
<br />F~~ -
<br />Release of Rimrock. Davis and Waters. In partial
<br />consideration for Rimrock's sale of the Property to Fishers, and
<br />Rimrock's sale of the Crusher to Landmark and Rimrock's conveyance
<br />of the Easement to Landmark, Landmark and Fishers, each on its own
<br />behalf and on behalf of its respective officers, directors,
<br />employees, agents, successors and assigns, and all persons claiming
<br />under each of them, hereby fully and forever release and discharge
<br />Rimrock, Davis and Waters together with their respective employees,
<br />insurers, consultants, agents and attorneys, past and present, or
<br />any of them, of and from any and all claims, demands, actions or
<br />causes of action, of every kind or nature whatsoever, whether at
<br />law or in equity, which either of them may now have, or claim at
<br />any future time to have, based in full or in part upon, arising
<br />from, or in any way related to, any act or omission occurring on or
<br />before the date of this Agreement, without regard to present actual
<br />knowledge of the act or omission, including, particularly, but not
<br />by way of limitation, any claim, counterclaim, matter or thing ,'JCS "
<br />involved, directly or indirectly, with the mining and reclamation
<br />operations undertaken on the Property on or after January 1,992-
<br />13. Release of Fishers. Notwithstanding any other provision
<br />of this Agreement to the contrary, in partial consideration for
<br />Fishers' purchase of the Property, Landmark, Rimrock, Davis and
<br />Waters, each on his, her or its own behalf and on behalf of his,
<br />her or its respective officers, directors, employees, agents,
<br />11. Release of Escrowed Funds and Termination of Mi
<br />e nt. to t us'n ss da s followin
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