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RELEASE AND INDEMNIFICATION AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, an explosion and/or fire occurred on the premises of the Schmitz Ready Mix, Inc. plant at Port Washington, Wisconsin, on or about November 1, 1957, and Loschel Pierringer has made claim on behalf of himself for personal injuries and damages resulting therefrom claimed to have been sustained by him in said fire and/or explosion against Milwaukee Gas Light Company, Burton E. Hoger, Schmitz Ready Mix, Inc., Stoelting Brothers Company, Mathias Greisch, James E. Greisch and William R. Greisch, and actions have been commenced and are now pending in the Circuit Court of Ozaukee County, State of Wisconsin, with respect thereto, being the cases of Loschel Pierringer, Plaintiff, vs. Burton E. Hoger, d/b/a Wisconsin Heating Distributors and Simco Sales; Stoelting Brothers Company, a Wisconsin corporation; Milwaukee Gas Light Company, a Wisconsin corporation; Schmitz Ready Mix, Inc., a Wisconsin corporation, Defendants, and William Bormann, Mathias Greisch, James E. Greisch and William R. Greisch, Interpleaded Defendants, Case No. 12830, and Burton E. Hoger and William Bormann, Plaintiffs, vs. Milwaukee Gas Light Company, a Wisconsin corporation, Lester Olsen, d/b/a Olsen Electric Company, and Loschel Pierringer, Defendants, and Schmitz Ready Mix, Inc., Stoelting Brothers Company, Mathias Greisch, James E. Greisch and William R. Greisch, Interpleaded Defendants, Case No. 12997; and

WHEREAS said Loschel Pierringer has made allegations of negligence against all of said defendants and interpleaded defendants in said Case No. 12997, and various cross-complaints and counterclaims have been made and served by said defendants and interpleaded defendants against all other parties in and to said action seeking contribution and indemnification in the event that any of said defendants and/or interpleaded defendants should be found or held to be liable to said Loschel Pierringer for damages in said action; and

WHEREAS, the undersigned Loschel Pierringer has negotiated with and reached an agreement for release and indemnification by and between said Loschel Pierringer and Milwaukee Gas Light Company, Stoelting Brothers Company, Burton E. Hoger, William Bormann, Schmitz Ready Mix, Inc., James E. Greisch and William R. Greisch (but not, however, including any claims of said Loschel Pierringer against the interpleaded defendant Mathias Greisch) with respect to all claims for personal injuries of the undersigned Loschel Pierringer and all damages arising therefrom and relating thereto as a result of said fire and/or explosion of November 1, 1957, and all other demands, damages, or causes of action of whatsoever kind or nature of the said Loschel Pierringer against Milwaukee Gas Light Company, Stoelting Brothers Company, Burton E. Hoger, William Bormann, Schmitz Ready Mix, Inc., James E. Greisch and William R. Greisch;

NOW, THEREFORE, I, the undersigned Loschel Pierringer, for myself, my heirs, administrators, executors successors and assigns, for and in consideration of the payment of the total amount of Seventeen Thousand Nine Hundred and Sixty-four Dollars ($17,964.00) by Milwaukee Gas Light Company, Stoelting Brothers Company, Burton E. Hoger, William Bormann, Schmitz Ready Mix, Inc., James E. Greisch and William R. Greisch to the undersigned, the receipt of which amount is hereby acknowledged, and other good and valuable consideration, do hereby release, remise and forever discharge the following named persons, corporations and firms, and their respective officers, agents, employees, successors, assigns, and insurers, and each of them, and only such persons, corporations and firms, to-wit: Milwaukee Gas Light Company, Stoelting Brothers Company, Burton E. Hoger, William Bormann; Schmitz Ready Mix, Inc, James E. Greisch and William Greisch, of and from any and all claims, demands, rights or causes of action of whatsoever kind or nature which the undersigned has ever had or may now have or may hereafter have, whether now known or unknown, foreseen or unforeseen, arising from or by reason of or in any way connected with, any injuries, losses, damages, disability, suffering, property damage or loss, or the results thereof, which heretofore has been or hereafter may be sustained by the undersigned as a result of or in connection with or arising out of that certain fire and/or explosion which occurred on or about November 1, 1957, at the Schmitz Ready Mix plant at Port Washington, Wisconsin.

It has been represented by the undersigned that the injuries sustained and the suffering and damages resulting therefrom by the undersigned have persisted and that recovery therefrom is uncertain and indefinite, and in making this release and agreement it is understood and agreed that the undersigned relies on the undersigned's own beliefs and knowledge, and that of the physicians and attorneys of the undersigned, as to the nature, extent and duration of the symptoms and injuries.

The settlement and release made and effected hereby is a compromise settlement of the undersigned with Milwaukee Gas Light Company, Stoelting Brothers Company, Burton E. Hoger, William Bormann, Schmitz Ready Mix, Inc., James E. Greisch and William R. Greisch (hereinafter called the "settling parties") and neither this release nor the payments made pursuant thereto shall be construed as an admission of liability of any of said settling parties, the same being denied. The total damages and claims of the undersigned amount to more than the amount of the aforesaid consideration of $17,964.00 paid and credited to the undersigned herewith by the settling parties being released hereunder, and the undersigned, knowing that the settling parties released hereunder and herein are not paying the total of the undersigned's full amount of damages as would be paid if all defendants and interpleaded defendants in said pending action, including Mathias Greisch, were settling said action and all claims for damages of the undersigned therein, does hereby credit and satisfy that portion of the total amount of damages of the undersigned which the undersigned has suffered and will suffer because of the aforesaid fire and/or explosion which has been caused by the negligence, if any, of such of the settling parties hereto as may hereafter be determined to be the case in the further trial or other disposition of this or any other action, it being the act and intention of the undersigned to release and discharge, and he does hereby release and discharge, that fraction and portion and percentage of his total causes of action and claim for damages against all parties in said case No. 12830 pending in said Circuit Court of Ozaukee County which shall hereafter, by further trial or other disposition of this or any other action, be determined to be the sum of the portions or fractions or percentages of causal negligence for which any or all of the settling parties hereto are found to be liable and responsible in causing said fire and/or explosion with respect to any finding of damages or recovery made by or for said Loschel Pierringer; and the undersigned does hereby reserve, save, maintain and preserve against Mathias Greisch the balance of the whole cause of action of the undersigned against said Mathias Greisch, which balance of said cause of action is not released hereunder. Except as above specified, the undersigned does not release Mathias Greisch from any liability for damages and specifically reserves his rights, claims and causes of action, as aforesaid, against said Mathias Greisch.

In further consideration of the aforesaid payment to the undersigned by the settling parties hereto for the damages, injuries and claims of the undersigned, the undersigned, for himself, his heirs, administrators, executors, successors and assigns, does hereby indemnify and agree to indemnify and save harmless said Milwaukee Gas Light Company, Stoelting Brothers Company, Burton E. Hoger, William Bormann, Schmitz Ready Mix, Inc. James E. Greisch and William R. Greisch, their respective officers, agents, employees, successors, assigns and insurers, for any amount that they will or may be required to pay upon any judgment (exclusive of costs, if any) obtained against them by a joint tort feasor or any party to said action or any other party for contribution in any way arising out of any damages of the undersigned herein resulting from said fire and/or explosion of November 1, 1957, and all claims made by the undersigned with respect thereto, and to satisfy any such judgment against the settling parties, and does hereby further agree, and authorizes his attorneys to execute a stipulation thereto, to dismiss, on the merits and without costs to the undersigned or any of the settling parties, said actions No. 12830 and No. 12997 as against Milwaukee Gas Light Company, Stoelting Brothers Company, Burton E. Hoger, William Bormann, Schmitz Ready Mix, Inc., James E. Greisch and William R. Greisch.

It being understood that the undersigned Loschel Pierringer, for himself, his heirs, executors, successors, administrators and assigns, agrees to satisfy on behalf of the settling parties any amount of any judgment to which he may be found to be entitled against Mathias Greisch up to the extent of the fraction of his cause of action hereinbefore defined and released hereunder.

The foregoing Release and Indemnification Agreement has been read and understood by the undersigned before signing thereof.

IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this 15th day of May, 1962

/s/ Loschel Pierringer (SEAL)

STATE OF WISCONSIN )
                   ) ss.
COUNTY OF OZAUKEE  )

Personally came before me this 15 day of May, 1962, the within named Loschel Pierringer, known to me to be the person who executed the foregoing Release and Indemnification Agreement, and acknowledged that he executed the same for and as his own free act and deed.

/s/ Erwin M. Pauly [Notarial Seal]
Notary Public, Ozaukee County, Wisconsin

My commission is permanent


Revised March 7, 2005.

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