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<br />successors and assigns (as appropriate), and all persons claiming
<br />under each of them, hereby fully and forever release and discharge
<br />Fishers together with its employees, insurers, consultants, agents
<br />and attorneys, past and present, or any of them, of and from any
<br />and all claims, demands, actions or causes of action, of every kind
<br />or nature whatsoever, whether at law or in equity, which any of
<br />them may have now have, or claim at any future time to have, based
<br />in full or in part upon, arising from, or in any way related to,
<br />any act or omission occurring on or before the date of this
<br />Agreement, without regard to present actual knowledge of the act or
<br />omission, including, particularly, but not by way of limitation,
<br />any claim, counterclaim, matter or thing involved, directly or
<br />indirectly, with the mining and reclamation o s undertaken
<br />on the Property on or after anuary 1S 2. _
<br />1 Approvals by Governmental Entities. Landmark shall, at
<br />i no expense to Rimrock, Waters, Davis or Fishers, obtain all
<br />approvals, authorizations and consents from, and make A~'+;'*+~*~
<br />ion
<br />~d Reclamation Division, Department of Natural Resources, State
<br />of Colorado. Landmark shall restore the Property as required by
<br />the Permit, and shall pursue technical revisions numbers 10 and 11
<br />to the Permit at no cost to Rimrock, Waters, Davis or Fishers.
<br />Landmark shall be liable for and shall make reasonable compensation
<br />for any damage done by it to property of others that occurs during
<br />said restoration.
<br />15. Indemnification of Rimrock, Davis. Waters and Fishers.
<br />Unconditionally, immediately and on demand, Landmark shall
<br />indemnify, defend, hold and save harmles~Bimrock Davis, Waters
<br />and Fis ergs and t e~pective agents from any and all actions,
<br />causes of action, claims, counterclaims, crossclaims, third-party
<br />claims, demands, judgments, losses, costs, attorneys' fees,
<br />expenses, obligations, liabilities, damages, recoveries and
<br />deficiencies that may be sustained or incurred, arising from or
<br />relating to (a) any and all operations that Landmark or its agents
<br />performed on the Property, including, without limitation, minino
<br />and reclamation activities performed by_Landmark or Landmark's
<br />~ s an assigns or (b) Landmark's failure to perform any
<br />o~iga on t at Landmark is required to perform pursuant to
<br />Paragraph 14 above. Landmark's obligation to pay Rimrock, Davis,
<br />Waters and Fishers shall be deemed to have accrued and be fully
<br />enforceable upon liquidation of the indemnified party's liability,
<br />through entry of judgment or settlement, even if the indemnified
<br />party has not yet made any payment on the judgment or settlement.
<br />16. Representations and Warranties by Rimrock Davis and
<br />a r Rimrock, Davis and Waters hereby expressly represent and
<br />warrant to Landmark and Fishers that (a) Rimrock is duly organized,
<br />validly existing and in good standing under the laws of the state
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