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OBLIGATIONS UNAFFECTED BY BANKRUPTCY <br /> 84. The obligations set forth herein are based on the Division's police and regulatory authority. These <br /> obligations require specific performance by MineWater of corrective actions carefully designed to <br /> prevent on-going or future harm to public health or the environment, or both. Enforcement of <br /> these obligations is not stayed by a petition in bankruptcy. MineWater agrees that the penalties <br /> set forth in this Consent Order and Settlement Agreement are not in compensation of actual <br /> pecuniary loss. Further, the obligations imposed by this Consent Order and Settlement Agreement <br /> are necessary for MineWater to achieve and maintain compliance with State law. This Consent <br /> Order and Settlement Agreement does not, in and of itself, impose any obligations or liability on <br /> any parents, subsidiaries, or affiliates of MineWater. The Division reserves its right to take <br /> enforcement action for any future permit violations against any party it alleges is responsible for <br /> such violations. <br /> MODIFICATIONS <br /> 85. This Consent Order and Settlement Agreement may be modified only upon mutual written <br /> agreement of the Parties, and to the extent that the terms of the Purchase and Sate Agreement <br /> convey all rights and interests in the London Mine itself to MineWater, provisions of this Consent <br /> Order and Settlement Agreement concerning only the obligations of MineWater may be modified <br /> by written agreement of the Division and MineWater alone, without the participation of London <br /> Mine, LLC, the Estate, the Personal Representative or Meyer in such modification. <br /> COMPLETION OF REQUIRED ACTIONS <br /> 86. MineWater shall submit a Notice of Completion to the Division upon satisfactory completion of all <br /> requirements of this Consent Order and Settlement Agreement. The Division shall either accept or <br /> reject MineWater's Notice of Completion in writing within thirty (30) calendar days of receipt. If <br /> the Division rejects MineWater's Notice of Completion, it shall include in its notice a statement <br /> identifying the requirements that the Division considers incomplete or not satisfactorily performed <br /> and a schedule for completion. MineWater shall, within fifteen (15) calendar days of receipt of <br /> the Division's rejection, either: <br /> a. Submit a notice of acceptance of the determination; or <br /> b. Submit a notice of dispute. <br /> If MineWater fails to submit either of the above notices within the specified time, it will be <br /> deemed to have accepted the Division's determination. <br /> NOTICE OF EFFECTIVE DATE <br /> 87. Except as provided in this paragraph 87, this Consent Order and Settlement Agreement shall be <br /> fully effective, enforceable and constitute a final agency action upon the date the Division <br /> provides written notice to the other Parties that the Division does not propose any modifications <br /> to the Consent Order and Settlement Agreement as a result of comments, if any, received by the <br /> Division during the public comment period referenced in paragraph 56. If the Division proposes to <br /> modify the Consent Order and Settlement Agreement as a result of public comments, it shall <br /> notify the other Parties in writing of such proposed modifications within fifteen (15) calendar days <br /> London Mine, LLC, et at. C O L O R A D O <br /> Compliance Order on Consent and Settlement Agreement ®I Department of Pubifc <br /> Page 21 of 23 Health 6 Environment <br />