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WAIVER OF LIABILITY <br />1. Nancy Chappie, being the owner of a parcel of land described herein as follows: <br />The E'/z of the NE'k of the SW'/,, and the E'/z of the SE'.6 of the SW'/<, <br />and the W'/z of the NE'/., and the SE'/. of the NE'/,, and the SE'/a of <br />Section 22, Township 31 South, Range 68 West of the 6th P,M., <br />Las Animas County, Colorado, <br />for herself, her heirs, executors, successors, agents, and legal representatives hereby waives, <br />holds harmless, and indemnifies the State of Colorado, the Colorado Mined Land Reclamation <br />Board, its individual Board members, the Division, and their officers, employees, agents, <br />legal representatives, and contractors against any and all claims, interests, damages, and <br />causes of action, including any and all attorney fees and court costs for any and all personal, <br />property, and/or economic injury(ies) that may or does result from, arise because of, or in <br />any way is associated with allowing the access road, the two pond embankments which are <br />part of the access road, and the ponds formed by the embankments, as identified on the map <br />attached to and incorporated in this waiver, to remain in their current location and condition. <br />2. Nancy Chappie understands that the Division has not performed a stability analysis of the <br />access road or the embankments described herein and agrees that this waiver, hold harmless, <br />and indemnification agreement is not in any way contingent on the performance of such a <br />stability analysis. If, in the future, Nancy Chappie desires the Division to perform a stability <br />analysis of the access road or embankments described herein, Nancy Chappie understands and <br />agrees that such an analysis is dependent upon retching a mutually acceptable agreement with <br />the Division in which Nancy Chappie will pay and otherwise provide for such an analysis. <br />Nancy Chappie <br />Date <br />