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f 1. IIIIIIIIIIIIIIIIIII
<br />999 ~~~EIV~=r
<br />WAIVER OF LIABILITY FEB
<br />28 1994 .
<br />L';••;~,,,n~~
<br />1. Darrell E. Nance, being the owner of a parcel of land described herein as follows: ' ~ ~~'~+:r~
<br />The E'/x of the NE'/a of the SW'/a, and the E'/z of the SE'/, of the SW'/a,
<br />and the W'/z of the NE'/s, and the SE',4 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 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 />Boazd, 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. Darrell E. Nance understands that the Division lras 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, Darrell E. Nance desires the Division to perform a
<br />stability analysis of the access road or embankments 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 />C ~Gc~C~ ~i~-r1-~.
<br />Darrell E. Nance
<br />2 -23 -9 ~!
<br />Date
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