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~r- ~ •e MRR 12 '98 01~34PM COTTONWOOD LAND COMPRNY P.3i7 6. i iCTNCE ' S TMPTION OF iSK MNIFI eTION RELEASE. OF i,7A ]LI'I'1'. As a material consideration for the privilege of using the premises, Licensee hereby assumes all risk and responsibility for nay loss, damage, injuries or other casualty of whatsoever kind or by whomsoever caused, to the persoh or property of anyone, including those caused by the negligence of Owner's employees or agents resulting from, arising out of, or in any way connected with the occupation or use of the Premises by Licensee, or the failure on the part of the Licensee to perform all and singular Licensee's promises herein. Licensee shall be liable upon any theory available against OWNER under the law including negligence and any theory ofnon-negligent liability, including strict liability in tort and breach of warranty. Licensee does hereby waive and release and agree to indemnify and to hold harmless OWNER its agents and employees from any and all claims for such injuries and damages, including exemplary damages and any expenses connected herewith, reasonable attorney fees and legal costs which OWNER is compelled to pay, including those for the defense of groundless suits. Further, OWNER shall not be liable to Licensee if for any mason Licensee's use of the premises is hindered or disturbed. 7. DAM-AGE TO OWNER PROPERT'[~, Licensee agrees to pay for damage to growing crops, pasturage, timber, fences, drain tile, buildings, ar any other property OWNER dsmaged as a result of Licensee's exercise of the privileges granted under this Ageement. 8. NUISANCE. Licensee shall not perform any disorderly conduct or commit any nuisance on the Premises or use the Premises in any way so az to interfere with the exercise of privileges which OWNER may have given other licensees or permitees in the Premises. 9, pRiV17,F.C~F. NOT ASSIGNABLE. Licensee's privileges hereunder shall not be assignable by Licensee in whole or in paR. 10. TERMINATION, This Agreement may be revoked and all rights hereunder terminated at any time by OWNER by notice, including but not limited to notice by the posting of signs upon the Premises effectively revoking the rights gamed herein. This Agreelrtent shall become void automatically without further notice upon violation of any of its provisions. 11. LICENSE ONLY, Licensee agrees that it does not end shall not claim at nay time any interest or estate of auy kind or extent whatsoever in the Premises, by virtue of this Agreement or its occupancy or use hereunder. Licensee shall not be deemed in any way to be the servant, agent or representative of OWNER in the exercise of the privileges granted under this Agreement. BY SIGNING THLS AGREEMENT, I REPRESENT THAT I }TAVE READ AND UNDERSTAND THE ABOVE AND KNO'PV THAT THE PREMISES MAY BE DANGEROUS. I AEREBY ASSUME ALL RISK, RELEASE OWNER FROM ALL LIABILTTY- AND AGREE TO INDEMNIFY OWNER FROM ALL LOSS, AS SET FORTIi ABOVE. Ilayden Gulch Terminal, Inc. (Owner) 1~ By: Its: Cottonwood Land Company (Licensee) By: Irs: PR t D2r~U7