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2014-06-05_REVISION - M1978249
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2014-06-05_REVISION - M1978249
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Entry Properties
Last modified
6/15/2021 2:30:14 PM
Creation date
6/5/2014 1:44:36 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978249
IBM Index Class Name
Revision
Doc Date
6/5/2014
Doc Name
New Amendment
From
Logan County
To
DRMS
Type & Sequence
AM1
Media Type
D
Archive
No
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719470 04/24/2014 09:51 AM B: 01007 P: 643 LSE <br /> Page: 4 of 9 R $0.00 D $0.00 T 50.00 <br /> Pamela M. Bacon Clerk 8 Reeorder, Logan County, Cc <br /> mill NF.MW0911WAF,, IWIVIOVAIA 11111 <br /> Owner's Land. Nor will the Tolling Period be considered in connection with any <br /> defense of lathes, estoppel, or any other defense concerning the timeliness of <br /> commencing a civil action. The County shall not assert, plead or raise against <br /> any other party in any fashion, whether by answer, motion or otherwise, any <br /> defense or avoidance based on the running of any statute of limitations during <br /> any portion of the Tolling Period, and any statute of limitation shall be tolled <br /> during and for that period. <br /> z o= <br /> B. This Tolling Provision does not constitute any admission or acknowledgment of <br /> o cis <br /> any fact,conclusion of law, or liability by any of the Parties. Except as expressly <br /> - set forth in this Tolling Provision,the Parties reserve all rights, claims, and/or <br /> causes of actions and defenses. This Tolling Provision does not limit in any way <br /> oZi the nature or scope of any claims or counterclaims that could be filed by any <br /> �O <br /> party in a complaint,answer or counterclaim against any other party,or the <br /> date on which any party may file such a complaint, counterclaim, or answer and <br /> mm the parties reserve all rights and defenses which they may have, except as set <br /> E:we� <br /> Now` forth in this Tolling Provision,to contest or defend any claim or action the other <br /> o� party may assert or initiate against them; provided, however that the Parties <br /> agree that neither party shall file any civil action against the other party prior to <br /> *- O <br /> the termination of the Lease. <br /> 00w o� <br /> o��- C. While this Lease is in effect, Owner agrees to forbear any claims arising from the <br /> coa ti County's previous mining activities on the Owner's Land. Upon reclamation of <br /> o e g the Leased Premises and release of the County's reclamation responsibilities <br /> OIOE- <br /> ia°a from the MLRB, Owner agrees to relinquish and be forever estopped from <br /> asserting any and all claims that Owner may have against the County arising <br /> from the County's actions with respect to the Leased Premises that occurred <br /> prior to this Lease. <br /> 7. Applicable Regulations. Colorado Mined Land Reclamation Rules and Regulations will <br /> apply in addition to all other federal,state, and local statutes, rules, and regulations <br /> applicable to mining activities. The parties agree to comply with all applicable statutes, <br /> rules and regulations. <br /> S. Indemnification. To the extent authorized by law,the County will hold harmless and <br /> indemnify the Owner of liability arising from acts or omissions of the County and its <br /> employees in the performance of this Lease. The Owner remains responsible for its own <br /> acts and omissions, and for dangerous conditions on the Leased Premises not <br /> attributable to the County or its employees. <br /> 9. Warranty of Title. The Owner warrants that the Owner has good and legal title to the <br /> Leased Premises and the lawful right to grant this Lease with Owner, and that the <br /> Owner will hold the County harmless from any and all claims from others asserting any <br /> interest in the Leased Premises. <br />
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