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members, officers, directors, shareholders, partners, affiliates, successors, assigns, agents, <br />representatives, employees and attorneys, both present and past, of and from any and all <br />claims, demands, debts, liabilities, obligations and causes of action of any kind or nature, <br />whether known or unknown, in any way based on, arising out of, or connected with, <br />either directly or indirectly, any term, provision, matter, fact, event or occurrence in any <br />way related to or contained in the Lease, or to any Lessor/Lessee relationship between <br />Lessee and Lessor or based on any defect in the Property or the Building or from any <br />injury or illness resulting therefrom. <br />B. Subject to the terms of Paragraphs 1, 3, 4, 6 and 7 above, and provided <br />that Lessee is not in default under this Agreement, Lessor hereby generally releases and <br />discharges Lessee and Lessee's officers, directors, shareholders, partners, affiliates <br />successors, assigns, agents, representatives, employees and attorneys, both present and <br />past, of and from any and all claims, demands, debts, liabilities, obligations and causes of <br />action of any kind or nature, whether known or unknown, in any way based on, arising <br />out of, or connected with, either directly or indirectly, any term, provision, matter, fact, <br />event or occurrence in any way related to or contained in the Lease, or to any <br />Lessor /Lessee relationship between Lessee and Lessor which exists as of the Effective <br />Date. <br />C. Nothing contained herein is intended to provide a waiver or release of <br />any liability for any future breach of this Agreement. <br />D. This release shall be governed by the laws of the State of Colorado. <br />11. Submission of Agreement. Submission of this Agreement for examination <br />by both parties does not constitute an offer and this Agreement shall be effective only <br />upon its mutual execution and delivery by both parties. <br />12. Entire Agreement. With the exception of the Lease, there are and were no <br />verbal or written representations, warranties, understandings, stipulations, agreements, or <br />promises pertaining to the subject matter of this Agreement made by any of the Parties <br />hereto or by any other person representing or purporting to represent a Party hereto not <br />incorporated in writing in this Agreement. <br />13. Attorneys' Fees. Each Party shall be responsible for his or its respective <br />attorneys` fees and costs incurred to date in the negotiation and preparation of this <br />6'd L£179 £99 <br />7 <br />81J0M SSBIO eAleS et!A d80 :66 61.9 b oec <br />