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ASSUMPTION OF RISK WAIVER,AND INDEMNIFICATION AGREEMENT("AGREEMENT")
<br /> Customer Name: (the "Customer")
<br /> Address: Phone:
<br /> Fax:
<br /> Material: (collectively,the"Material")
<br /> Customer has requested that Wilbur-Ellis Company LLC or its affiliates (collectively, "Wilbur-Ellis") sell Customer the
<br /> Material, and apply it to Customer's fields. As a material consideration for such sale and application, the Customer
<br /> hereby agrees and acknowledges that it has made the decision to use the Material and have the Material applied to its field
<br /> based solely on its own expertise and investigation and review of relevant documentation, and Customer has not relied on
<br /> any advice, representations or warranties of Wilbur-Ellis, including, without limitation, any advice regarding the
<br /> applicability of any relevant label or instructions, the efficacy of the Material, or the advisability of using the Material on
<br /> Customer's fields.
<br /> Customer has conducted such independent research and investigation as it deems necessary or desirable, and recognizes
<br /> that this use and application of the Material involves substantial risks. WILBUR-ELLIS EXPRESSLY DISCLAIMS THE
<br /> MAKING OF, AND CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RECEIVED OR RELIED UPON, ANY
<br /> REPRESENTATION OR WARRANTY, INCLUDING ANY STATUTORY WARRANTIES OR ANY OTHER
<br /> EXPRESS OR IMPLIED WARRANTIES, AS TO THE MATERIAL OR THE APPLICATION OF THE MATERIAL,
<br /> INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
<br /> POTENTIAL PERFORMANCE CHARACTERISTICS.
<br /> Customer hereby assumes all risk and liability arising out of or in connection with the Material and the application
<br /> thereof, and Customer, on behalf of itself and each of its affiliates, and each of their owners, agents, servants, partners,
<br /> employees, representatives, predecessors, successors, assigns, heirs and spouse releases and discharges, and shall
<br /> indemnify, defend, and hold harmless, Wilbur-Ellis and its affiliates, and each of their members, stockholders, officers,
<br /> directors, managers, agents, servants, attorneys, employees, representatives, predecessors, successors and assigns
<br /> (collectively, the "Released Parties"), from, for, and against any and all losses, claims, damages, and expenses (including
<br /> attorneys' fees and legal costs) arising directly or indirectly from the use of the Material or a Released Party's application
<br /> of the Material. In no event shall any Released Party be liable under any theory of tort, contract, strict liability or other
<br /> legal or equitable theory for any indirect, compensatory, incidental, consequential, special, exemplary, speculative or
<br /> punitive damages, including, but not limited to, lost profits and business interruption, regardless of whether advised of the
<br /> possibility of such damages.
<br /> This Agreement will remain in effect until it is amended or terminated in a writing signed by authorized representatives of
<br /> both Wilbur-Ellis and the Customer. Customer represents and warrants to Wilbur-Ellis that it has the authority to execute
<br /> this Agreement and that any person or entity on whose behalf this Agreement is entered consents to its execution and
<br /> agrees to be bound by each of the terns covenants and conditions contained herein. Customer agrees to indemnify and
<br /> hold harmless each Released Party from any claim that such authority did not exist.
<br /> I am authorized by Customer to execute this Agreement, and I have read and understand the above statements and agree to
<br /> these provisions.
<br /> Customer Signature:
<br /> Title: Date:
<br /> Wilbur-Ellis representative signature: n
<br /> AUG 16 2017
<br /> ENVIRONMENTAL HEALTH
<br /> H:Wgreements0sciaimer i ndemnitMssumption of tusk i£LNERAaTM E NT
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