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2013-09-19_GENERAL DOCUMENTS - C1981008
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2013-09-19_GENERAL DOCUMENTS - C1981008
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Last modified
8/24/2016 5:25:14 PM
Creation date
11/15/2013 1:37:03 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
9/19/2013
Doc Name
Complaint and Objection Withdrawal
From
Frank Morgan & Mary Lou Morgan and Michael Morgan and JoEllen Turner
To
DRMS & OSM
Permit Index Doc Type
General Correspondence
Email Name
DAB
MPB
DIH
Media Type
D
Archive
No
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extent deemed necessary to verify compliance with this Agreement or applicable law. <br />The Morgans will schedule such inspections with WFC personnel and be accompanied by <br />such personnel while on the Morgan Property or adjacent property if deemed necessary <br />by WFC. <br />a. The Morgans shall not enter any other active mining areas owned or <br />controlled by WFC at any time without advance consent of WFC. <br />b. WFC agrees, upon reasonable advance written notice, to provide to the <br />Morgans those documents which are reasonably needed to verify compliance with the <br />terms of this Agreement. <br />C. The Morgans will be invited to attend all inspections of the Morgan <br />Property scheduled by DRMS or other government authorities. <br />d. The provisions of this Paragraph 8 do not require Michael Morgan to <br />obtain permission to fulfill his obligations as a board member and ditch rider for the CC <br />Ditch. <br />9. Dispute Resolution. In the event of any dispute arising under this Agreement, <br />including as described in Paragraph 5, above, the parties shall, as a condition precedent to <br />seeking any judicial or administrative remedies, provide written notice to the other party <br />identifying the alleged breach or condition and allowing the other a reasonable period of <br />time, but in any event not less than seven (7) days, in which to cure or abate the breach. <br />a. In the event that any dispute under this Agreement is not resolved to the <br />satisfaction of all parties following delivery of a notice of breach the parties shall, prior to <br />seeking any judicial or administrative remedies, initiate mediation before a mutually <br />selected mediator. Costs of mediation shall be split equally between the Morgans and <br />WFC. In the event that mediation is unsuccessful, either party may: i) commence an <br />administrative proceeding before any agency with jurisdiction; or ii) file a judicial or <br />declaratory action to determine rights under this Agreement. Nothing in this Agreement <br />shall be construed to confer upon any administrative agency jurisdiction to adjudicate the <br />rights or status of the parties under this Agreement. <br />10. Point of Contact/Notice. WFC designates its point of contact for purposes of this <br />agreement as the New Horizon Mine Manager, currently Rick Wolney, and Michael <br />Morgan shall be the point of contact for the Morgans. Notices under this Agreement <br />shall be delivered by personal delivery to the office or residence of the parties, via email <br />to the address specified below, or by mail as specified in this Paragraph. If email <br />notification is sent it shall be accompanied by contemporaneous mail or personal delivery <br />to the address specified. <br />100158657.2 ? 6 <br />
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