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r <br /> <br />AGREEMENT Page 2 <br />4. Lone Pine Gulch Road <br />Mountain Coal and Mautz each grant to the other a perpetual, non-exclusive right of access <br />across the 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. Assignment <br />Mountain Coal and Mautz may freely assign all rights and obligations created by this <br />Agreement. <br />6. Release of Liability <br />Mountain Coal and hfatttz 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 others property, and each agrees to indemnify, <br />defend, and hold harmless the other, their affiliates, agents, and employees, from 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 <br />~~ ~~~.~ <br />Mountain Coal Company <br />i~l~ G.S~~- ~ <br />1994. <br />Larry Mautz <br />f~~ ~/a~, <br />Elaine Mautz <br />STATE OF COLORADO ) <br /> ss. <br />COUNTY OF GUNNISON ) <br />"K-- <br />On this o~ day of ~ <br />1994, before <br />me, personally appeared, , , ~ ,d,c Ckn.-.t-yi <br />lmown to me to be the person whose name is <br />subscribed to the within instrument and <br />aclmowledged that `~tn.~ executed the <br />same.for tnc purposes therein contained. <br />7L!'" <br />` <br />w'reieof,`I hereunto set my hand and <br />.== <br />in witnesg <br />, <br />~> <br />offictaCscal ~.- <br /> <br /> <br /> <br />No:aty~, lic~398~ <br />„1.. <br />My commission expires: <br />~ -ac, -9~ <br />STATE OF COLORADO <br />ss. <br />COUNTY OF GUNMSON ) <br />On this ~0 day of ,~ 1994, before <br />me, personally appear , o ~ M rf/-~" M~ <br />Imown to me to be the persons whose namesis <br />subscribed [o the within instrument and <br />aclrnowledged that ~ executed the <br />same for the purposes therein ontained. <br />~~ i r.; <br />-~S' .. u <br />In witness whereof, [hereunto set my hand d ' <br />official seal. ~ ~ ~~.^ <br />Notary ublic _ <br />,,,. „_ <br />C,-~~.- .... <br />My commission expires: ~- ~ <br />