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r <br />AGREEMENT Paee 2 <br />4. Lone Pine Grtl,ch Road <br />Mountain Coal and Mautz each grant to the other a perpetual, non-exclusive right of access <br />across ttte Lone Pine Gulch Road, as represented on the map attached as Exhibit B. Mautz <br />and Mountain Coal shall mutually maintain the road. Neither party shall allow access on the <br />road to become blocked or otherwise made impassable. <br />5. Assienment <br />Mountain Coal and Mautz may freely assign all rights and obligations created by this <br />Agreement. <br />6. Release of Linbilicty <br />Mountain Coal and Mautz assume all risk and responsibility for any injuries or damages <br />sustained by each or their agents, employees, or invitees resulting from, arising out of, or <br />otherwise connected with the use of the other's property, and each agrees to indemnify, <br />defend, and hold harmless the other, their affiliates, agents, and employees, front any and all <br />claims for such injuries and damages and any expenses connected therewith. <br />7. Time <br />All time periods set forth in this Agreement shall begin o May 13, 19 4. <br />~~ fl. ~~~~ ~~~, <br />Mrro~~untaiw Coal Company ~ :Larry Mautz <br />Elaine Mautz <br />STATE OF COLORADO ) <br />ss. <br />COUNTY OF GUNNISON ) <br />On Utis~c da of ~_, [994, before <br />mgpersonallyappeared, ~•f 1`~CQc~.,.F.;<r, <br />known to me to be Urc person whose name is <br />subscribed to the within instrumeut and <br />acknowlod~cd that `~~:._ executed [hc <br />saiuc for Utc purposes therein con[aiucd. <br />in witness ~;~hcreof, t hereunto set my hated and <br />o.R'icial s:al. <br />•~. Cl ~w {~~La.vu..J <br />Notary Pv'iblic 3 ys' i j ~' ^"' <br />~~4 C+~" ~ ~'c J'r V)d~ <br />M~ connnission cxoires: <br />,~_3L 9L~ <br />STATE OF COLORADO ) <br />ss. <br />COUNTY OF GUNNISON ) <br />.. ; <br />-r;- <br />On Uiis /O day of 1994, before <br />mc, personally appca cd "r Qia YIw.T~- <br />kno~m to me to be Utc pcrs to whos natncsis <br />subscribed to Ute wiU~in instrument and <br />acknowledged that ~'- executed Uic <br />smnc For Uie purposes Utcrc contained. <br />In witness whereof, I hereunto set my hand and <br />official seal. <br />1 <br />.e-c-w a.t~u-a/ <br />Notary blic <br />My commission cxoires: ~' ~ G - ~~ <br />