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In the event that the C&W is subjected to any claims or <br />demands by any person or entity under any actual or purported <br />lien, or right of substitution, assignment or subrogation, <br />arising out of the injury or payment to me, I will indemnify <br />the C&W and hold it harmless from any such claims or demands. <br />I further declare and represent that no promise, <br />inducement or agreement not herein expressed has been made to <br />mP; that this F.elezse contains the entire aer.eement between the <br />parties hereto; and that the terms of this P.elease are <br />contractual and not a mere recital. <br />I also agree that I, my family, and my attorneys will not <br />disclose the terms of this Release and Waiver of Rights to any <br />other person or entity without the prior written consent of the <br />C&W. <br />I HAVE FULLY READ THE FOREGOING RELEASE AND WAIVER, HAVE <br />CONSULTED WITH MY LAWYER REGARDING THE TERMS OF THIS RELEASE <br />AND WAIVER, AND DECLARE THAT I VOLUNTARILY ENTER INTO THIS <br />RELEASE AND WAIVER AND FULLY UNDERSTAND IT. <br />I HAVE READ THE ABOVE AND UNDERSTAND THAT IT IS A FULL <br />RELEASE OF Gli' CLAIM AGAINST AND CONSTITUTES A WAIVEk OF ALL OF <br />MY EMPLOYMENT RIGHTS WITH THE C&W, THE NEW THE COLORADO & <br />WYOMING RAILWAY COMPANY, AND ANY OF THEIR AFFILIATED COMPANIES <br />OR ENTITIES. <br />I FURTHER UNDERSTAND THAT THIS SETTLEMENT AND RELEASE AND <br />WAIVER IS SUBJECT TO AND SHALL BECOME EFFECTIVE UPON APPROVAL <br />BY THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF UTAH, <br />- 4 - <br />