Laserfiche WebLink
6. LICENSEE'S ASSUMPTION OF RJSK. INDEMNIFICATION AND <br /> RELEASE OF LIABILITY. As a material consideration for the privilege of using the <br /> Premises, Licensee hereby assumes all risk and responsibility for any loss, damage, injuries or <br /> other casualty of whatsoever kind or by whomsoever caused, to the person or property of anyone, <br /> including those caused by the negligence of Owner's employees or agents resulting from, arising <br /> out of, or in any way connected with the occupation or use of the Premises by Licensee, or the <br /> failure on the part of the Licensee to perform all and singular Licensee's promises herein. <br /> Licensee shall be liable upon any theory available against OWNER under the law including <br /> negligence and any theory of non-negligent liability, including strict liability in tort and breach <br /> Of warranty. Licensee does hereby waive and release and agree to indemnify and to hold <br /> harmless OWNER its agents and employees from any and all claims for such injuries and <br /> damages, including exemplary damages and any expenses connected herewith, reasonable <br /> attorney fees and legal costs which OWNER is compelled to pay, including those for the defense <br /> of groundless suits. Further, OWNER shall not be liable to Licensee if for any reason Licensee's <br /> use of the Premises is hindered or disturbed. <br /> 7. DAMAGE TO OWNER PROPERTY. Licensee agrees to pay for damage to <br /> growing crops, pasturage, timber, fences, drain tile, buildings, or any other property OWNER <br /> damaged as a result of Licensee's exercise of the privileges granted under this Agreement. <br /> S. NUISANCE. Licensee shall not perform any disorderly conduct or commit any <br /> nuisance on the Premises or use the Premises in any way so as to interfere with the exercise of <br /> privileges Nvhich OWNER may have given other licensees or permitees in the Premises. <br /> 9. PRIVILEGE NOT ASSIGNABLE. Licensee's privileges hereunder shall not be <br /> assignable by Licensee in whole or in part. <br /> 10. TERMINATION. This Aereement may be revoked and all rights hereunder <br /> terminated at any time by OWNER by notice, including but not limited to notice by the posting <br /> of signs upon the Premises effectively revoking the rights granted herein. This Agreement shall <br /> become void automatically without further notice upon violation of any of its provisions. <br /> 11. LICENSE ONLY. Licensee agrees that it does not and shall not claim at any time <br /> any interest or estate of any kind or extent whatsoever in the Premises, by virtue of this <br /> Agreement or its occupancy or use hereunder. Licensee shall not be deemed in any way to be the <br /> servant, agent or representative of OWNER in the exercise of the privileges granted under this <br /> Agreement. <br /> BY SIGNING THIS AGREEMENT, I REPRESENT THAT I HAVE READ AND <br /> UNDERSTAND THE ABOVE AND KNOW THAT THE PREMISES MAY BE <br /> DANGEROUS. I HEREBY ASSUME ALL RISK, RELEASE OWNER FROM ALL <br /> LIABILITY AND AGREE TO INDEMNIFY OWNER FROM ALL LOSS, AS SET <br /> FORTH ABOVE. <br /> Hayden Gulch Terminal, Inc. (Owner) Cottonwood Land Company(Licensee) <br /> By: By: <br /> Its: Its: <br />