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63. In the event a renewal Water Tunnel Permit is issued to MineWater prior to December 31, 2018,
<br /> the Division shall incorporate by reference into such permit the "Compliance Requirements" and
<br /> "Stipulated Penalties" provisions of this Consent Order and Settlement Agreement, and such
<br /> provisions shall govern through December 31, 2018.
<br /> 64. Nothing in this Consent Order and Settlement Agreement shall be interpreted to preclude the
<br /> assignment or delegation by MineWater of any of its obligations described herein, including its
<br /> obligations under the Water Tunnel and Extension Tunnel permits, pursuant to CDPHE-approved
<br /> procedures.
<br /> LIMITATIONS, RELEASES AND RESERVATION OF RIGHTS AND LIABILITY
<br /> 65. Upon the effective date of this Consent Order and Settlement Agreement, this Consent Order and
<br /> Settlement Agreement shall stand in lieu of any other enforcement actions by the Division with
<br /> respect to the specific instances of violations cited herein and in the NOV/CDOs, No. 10-090715-1,
<br /> No. 10-130321-1, and No. 10-150730-1, and any potential penalties against the Parties arising from
<br /> or relating to discharges from the London Mine Water Tunnel and London Mine Extension Tunnel
<br /> occurring prior to and as of the effective date of this Consent Order and Settlement Agreement.
<br /> The Division reserves the right to bring any action to enforce this Consent Order and Settlement
<br /> Agreement, including actions for penalties or the collection thereof, and/or injunctive relief.
<br /> 66. This Consent Order and Settlement Agreement does not grant any release of liability for any
<br /> violations not specifically cited herein.
<br /> 67. London Mine, LLC, the Estate, the Personal Representative, Meyer, and MineWater each reserves
<br /> its rights and defenses regarding the discharges to state waters from the London Mine Water
<br /> Tunnel and London Mine Extension Tunnel other than proceedings to enforce this Consent Order
<br /> and Settlement Agreement.
<br /> 68. Nothing in this Consent Order and Settlement Agreement shall preclude the Division from imposing
<br /> additional requirements necessary to protect human health or the environment and to effectuate
<br /> the purposes of the Consent Order and Settlement Agreement. Nor shall anything in this Consent
<br /> Order and Settlement Agreement preclude the Division from imposing additional requirements in
<br /> the event that additional information is discovered that indicates such requirements are necessary
<br /> to protect human health or the environment. The Division shall not impose or seek to impose any
<br /> requirements against London Mine LLC, the Estate, the Personal Representative, or Meyer.
<br /> 69. London Mine, LLC, the Estate, Meyer, and MineWater release and covenant not to sue the State of
<br /> Colorado or its employees, agents or representatives as to all common law or statutory claims or
<br /> counterclaims or for any injuries or damages to persons or property resulting from acts or
<br /> omissions of London Mine, LLC, the Estate, Meyer, and MineWater, or those acting for or on behalf
<br /> of London Mine, LLC, the Estate, Meyer, and MineWater, including their members, officers,
<br /> employees, agents, successors, representatives, contractors, consultants or attorneys, in carrying
<br /> out their activities, if any, pursuant to this Consent Order and Settlement Agreement. MineWater
<br /> shall not hold out the State of Colorado or its employees, agents or representatives as a party to
<br /> any contract entered into by MineWater in carrying out activities pursuant to this Consent Order
<br /> and Settlement Agreement. Nothing in this Consent Order and Settlement Agreement shall
<br /> constitute an express or implied waiver of immunity otherwise applicable to the State of Colorado,
<br /> its employees, agents or representatives.
<br /> London Mine, LLC, et al. C O L O R A D O
<br /> Compliance Order on Consent and Settlement Agreement �® Department of Pubuc
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