in consideration of being permitted to participate in a tour given by Cardinal Operating Company (“Cardinal”) of the coal power plant and associated facilities operated by Cardinal, as agent for the owner of the plant, Buckeye Power, Inc. (the “Activity”), acknowledge and agree to each of the following terms and conditions. As referenced herein, “Company” shall collectively refer to Cardinal and Buckeye Power, Inc. For purposes of this Form, “Activity” shall also include all travel to and from the Activity.

1. Assumption of Risks

I understand that Participant’s participation in the Activity is voluntary and while not an inherently dangerous activity or site, the Activity may involve some risk, including, but not limited to, physical exertion (including stair climbing), tight spaces, loud noise, odors, and unusual heat that Participant may not be accustomed to experiencing. I understand that the Activity may expose Participant to hazards and risks of injury and/or illness, and that I have been given the opportunity to ask any questions I may have about the Activity before signing this Release. I assume all risks connected with Participant’s participation in the Activity and I acknowledge that Company personnel or agents attending the Activity are not legally responsible for Participant’s personal safety or the safety of my property during the Activity and are not necessarily medically trained to care for any physical or medical problems of individuals participating in the Activity. By signing this release, I represent that Participant is medically, physically, and psychologically ready and able to participate in the Activity. I accept personal responsibility for any liability, injury, loss or damage in any way connected with Participant’s participation in the Activity. I am aware of and have discussed with the Participant the requirement to follow all safety procedures and instructions of the Activity coordinators (e.g., appropriate dress, proper use of safety equipment, etc.).

2. Release and Indemnification

I, ACTING FOR PARTICIPANT, MYSELF, AND ON BEHALF OF OUR RELATIVES, PERSONAL REPRESENTATIVES, HEIRS , BENEFICIARIES, NEXT OF KIN, AND ASSIGNS, FULLY RELEASE, DISCHARGE, AND INDEMNIFY EACH COMPANY AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, BOTH INDIVIDUALLY AND IN THEIR REPRESENTATIVE CAPACITIES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITIES, COSTS, AND CLAIMS, INCLUDING JUDGMENTS RENDERED AGAINST RELEASED PARTIES, REASONABLE ATTORNEYS’ FEES AND ALL OTHER COSTS OF LITIGATION, INCLUDING INJURIES, DISEASE OR DEATH TO PERSONS, OR DAMAGE TO PROPERTY, BASED UPON, ARISING OUT OF, OR IN ANY MANNER CONNECTED WITH PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OR OTHER ACTS OR OMISSIONS OF RELEASED PARTIES (EXCEPTING ONLY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RELEASED PARTIES). I further agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Ohio, and that if any portion of it is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

3. Media Release

I give Company the right and permission to take and publish, reproduce, edit, exhibit, project, and/or display images or pictures of Participant, whether still, single, multiple, or moving, or in which Participant may be included in whole or in part, in color or otherwise, through any form of media (print, digital, electronic, broadcast or otherwise) online or elsewhere, for advertising, marketing, publicity, archival or any other lawful purpose.

I UNDERSTAND AND AGREE THAT BY SIGNING THIS FORM I, ON BEHALF OF MYSELF AND PARTICIPANT, WILL WAIVE AND FOREVER RELINQUISH ANY AND ALL CLAIMS THAT I OR PARTICIPANT MAY HAVE, WHETHER KNOWN OR UNKNOWN, AND WHETHER ANTICIPATED OR UNANTICIPATED, AGAINST EACH COMPANY ARISING OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.

I understand and agree that if I am signing this form, and agreeing to the terms and conditions herein, on behalf of my minor child, that: (i) I will be giving up the same rights for the minor as I would be giving up if I signed this document on my own behalf, and (ii) I personally represent and warrant that I am authorized to sign the form on behalf of the minor.