|
III II 11 111 III ICI II 1 111 III 11111 1111 2613677
<br /> Boulder County Clerk, CO CE R 71 00 D 0 00
<br /> injuries,costs,expenses,attorney fees,and damages which may have occurred in the
<br /> past and are yet to be known or which may occur in the future and are not presently
<br /> known as related in any way to the matters in the Lawsuit. The Owner agrees to
<br /> assume,voluntarily and knowingly,the risk of any mistake of fact, either mutual or
<br /> unilateral, with respect to any and all losses, claims, injuries, costs, expenses,
<br /> attorney fees,and damages,and agrees that it will not,under any circumstances,seek
<br /> to present further claims on behalf of itself or its agents, attorneys, servants,
<br /> employers,employees,heirs,executors,administrators,insurers,successors,assigns,
<br /> and subrogees against the persons and entities hereby released.
<br /> 10.7 Nothing herein is or shall be construed as an admission of liability on the part of any
<br /> party or any persons or entities herein released with respect to the matters asserted in
<br /> the Lawsuit, and any and all such liability is expressly denied.
<br /> 10.8 The Owner and City each agree that the provisions of this Section 10 shall be binding
<br /> on their agents, attorneys, servants, employers, employees, principals, heirs,
<br /> executors, administrators, insurers, successors, assigns, subrogees, and any and all
<br /> persons or entities which have or may have any claim on behalf of themselves as
<br /> related to the matters which are the subject of the releases set forth herein.
<br /> 10.9 The Owner declares that it and all members of Owner have fully and carefully read
<br /> this Easement,understand the content thereof,and have signed the same as their own
<br /> free act. The undersigned also declare that they have sought and received any
<br /> necessary advice and explanation from their attorneys, who approved of the
<br /> execution of this Easement, as signified by their signatures below.
<br /> 11. Miscellaneous Provisions.
<br /> 11.1 The terms of this Easement shall be binding upon Owner and its successors in
<br /> interest, lessees, and assigns, and shall continue as a servitude running in perpetuity
<br /> with the Property. The terms "Owner" and"City", whenever used herein, and any
<br /> pronouns used in place thereof,shall mean and include the above-named Owner and
<br /> Owner's successors and assigns and the above-named City and its successors and
<br /> assigns, respectively.
<br /> 11.2 The provisions of Section 10 of this Easement are integral hereto and are not
<br /> severable from the remaining provisions hereof If any other provision of this
<br /> Easement or the application thereof to any person or circumstance is found to be
<br /> invalid,the remainder of the provisions of this Easement and the application of such
<br /> provisions to persons or circumstances other than those as to which it is found to be
<br /> invalid, shall not be affected thereby.
<br /> 11.3 Upon execution by both parties,the City shall record this Easement in the Office of
<br /> the Boulder County Clerk and Recorder. The Owner agrees that reference to this
<br /> 6
<br />
|