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;, <br />WAIVER OF LIABILITY <br />1. Darrell E. Nance, being the owner of a parcel of land described herein as follows: <br />The E'/z of the NE',4 of the SW'/a, and the E'/z of the SE'/. of the SW'/a, <br />and the W'/z of the NE'/a, and the SE'/a of the NE'/a, and the SE'/, of <br />Section 22, Township 31 South, Range 68 West of the 6th P.M., <br />Las Animas County, Colorado, <br />for himself, his 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 arty and all claims, interests, damages, and <br />causes of action, including any and all attorney foes and coup costs for any and all personal, <br />property, andlor 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. Darrell E. Nance understands that the Division has not perforated 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, Darrell E. Nance desires the Division to perform a <br />stability analysis of the access road or embanlanents described herein, Darrell E. Nance <br />understands and agrees that such an analysis is dependent upon reaching a mutually acceptable <br />agreement with the Division in which Darrell E. Nance will pay and otherwise provide for <br />such an analysis. <br />Darrell E. Nance <br />Date <br />