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<br />RUG 16 '97 a1:43PM PHRBE I 2lJD FLOOR <br />• <br />P. c' <br />`J <br />LIABILITY RELEASE AND INDEMNIFICATION <br />a <br /> <br />In consideration of Weld County, Colorado, allowing Rocky Mountain Natural Gas Company <br />("RMNG") to place, install and use its pipeline on lands owned by the County. RMNG agrees to <br />irrevocably, fully and forever release and discharge Weld County, its council, manager and all <br />officers employees, agents and contractors (collectively "County") of any and all liability, <br />negligence, claims, demands, liabilities, causes of action, or damages of any kind relating to <br />any harm, personal injury, wrongful death or property damage suffered resulting from the <br />placing, installation and use of said pipeline. RMNG agrees to indemnify and hold harmless the <br />County from any loss or damage it may suffer as a result of any claims or suits, including <br />reasonable costs, expenses and attorney's fees expended arising out of the placement, <br />installation and use of the pipeline. Notwithstanding anything to the contrary contained herein, <br />this release and indemnification shall not apply where any liability, negligence, claims, <br />demands, liabilities, causes of action, or damages arise out of the sole negligence of the <br />County. <br />The undersigned is authorized to bind RMNG to the terms of this release and indemnification. <br />This release and indemnification shall be binding upon RMNG and ifs successors and assigns. <br />The undersigned acknowledges by execution of this release and indemnification that RMNG <br />understands these provisions and freely and voluntarily enters into them. <br />This agreement applies to those lands set forth on the attached EXHIBIT"A" EASEMENT <br />DESCRIPTION for pipeline and appurtenances to be located in Sec. 2, TWP 2-N, RNG 68-W <br />and in Sec. 35, TWP 3-N, RNG 68-W. <br />DATED this 18'" day of August, 1997. <br />Rocky Mountain Natural Gas Company <br />By: <br />Richard P. ear <br />Witness: <br />Larry .Moody <br />STATE OF COLORADO § <br />COUNTY OF JEFFERSON § <br />The above and foregoing LIABILITY RELEASE AND INDEMNIFICATION was subscribed and <br />sworn to before me this 18'^ day of August, 1997, by Richard P- Sears, Representative of <br />RMNG. - ~ ~ <br />WITNESS my hand and official seal. - ~ =~ ` ~ - <br />1Hl' COMMISSION EXPIRES: ~ hhio ~ /' ~r1~` - - ~ +.- c <br />January 24, 2001 ~ ' `'~ ~ - <br />tary Public <br />,r..~~`~ <br />-^ ` <br />MY~Cp~1MQSStON IISPIRBS: <br />My commission expires: .._.._.. ,.~ 2001 <br />