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ASSUMPTION OF RISK, WAIVER,AND INDEMNIFICATION AGREEMENT("AGREEMENT")
<br /> Customer Name:John Arnuado(the"Customer") q
<br /> Address: I� ( Y Z 7Z--SA-" I W4? Phone: (ZO4) q / Z
<br /> i il)n , C,0# Fax: 33
<br /> Material: reclaimed soil containing UAN-32(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 fully understands that the Material that Customer will have spread on Customer's ranch is reclaimed soil from a
<br /> spill that contained UAN-32. Customer acknowledges and agrees that Customer is using the Material for its intended
<br /> purpose to fertilize. Customer hereby assumes all risk and liability arising out of or in connection with the Material and
<br /> the application thereof, and Customer, on behalf of itself and each of its affiliates, and each of their owners, agents,
<br /> servants, partners, employees, representatives, predecessors, successors, assigns, heirs and spouse releases and discharges,
<br /> and shall indemnify, defend, and hold harmless, Wilbur-Ellis and its affiliates, and each of their members, stockholders,
<br /> officers, 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 terms 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 byCustomer execute this Agreement,a I have read and understand the above statements and agree to
<br /> these provisions.
<br /> Customer Signatur
<br /> Name, Title: John Uado
<br /> Wilbur-Ellis representative signature:
<br /> Name,Title: Damon Gordon,Operations Manager CF P O 9 ZO1 I Date:
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