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I. JURISDICTION AND GENERAL PROVISIONS <br /> 1. This Administrative Settlement Agreement and Order on Consent(Settlement) is <br /> entered into voluntarily by the United States Environmental Protection Agency(EPA) and the <br /> Chapter 7 trustee for the bankruptcy estate of Camp Bird Colorado, Inc. (Respondent). This <br /> Settlement pertains to Work at the Camp Bird Mine Property(Property) located approximately <br /> six miles south of the City of Ouray in Ouray County, Colorado. The Camp Bird Mine Site <br /> (Site), as defined herein, is part of the Property, which is part of the Camp Bird Colorado, Inc. <br /> (CBCI)bankruptcy estate. This Settlement is entered into to facilitate the sale of the Property by <br /> Respondent and to provide for the performance of Work at the Site and the payment of certain <br /> response costs incurred by the United States at or in connection with the Site by Purchaser. <br /> 2. This Settlement is issued under the authority vested in the President of the United <br /> States by Sections 104, 106(a), 107 and 122 of the Comprehensive Environmental Response, <br /> Compensation and Liability Act of 1980, 42 U.S.C. §§ 9604, 9606(a), 9607 and 9622 <br /> (CERCLA). This authority was delegated to the Administrator of EPA on January 23, 1987, by <br /> Executive Order 12580, 52 Fed. Reg. 2923 (Jan. 29, 1987), and further delegated to Regional <br /> Administrators by EPA Delegation Nos. 14-14-C (Administrative Actions Through Consent <br /> Orders, Apr. 15, 1994). This authority was further redelegated by the Regional Administrator of <br /> EPA Region 8 to the Director, Preparedness,Assessment, and Emergency Response Program, <br /> Office of Ecosystems Protection and Remediation and to the supervisors in the Legal <br /> Enforcement Program and supervisors in the Technical Enforcement Program, Office of <br /> Enforcement, Compliance and Environmental Justice. <br /> 3. EPA has notified the State of Colorado (State) of this action pursuant to Section <br /> 106(a) of CERCLA, 42 U.S.C. § 9606(a). <br /> 4. EPA and Respondent recognize that this Settlement has been negotiated in good <br /> faith and that the actions to be undertaken by Purchaser in accordance with this Settlement do not <br /> constitute an admission of any liability. Respondent agrees to comply with and be bound by the <br /> terms of this Settlement and further agrees that it will not contest the basis or validity of this <br /> Settlement or its terms. <br /> 5. Respondent and Purchaser do not admit any liability to EPA, each other or any <br /> third party arising out of the Findings of Fact or Conclusions of Law set forth herein and reserve <br /> the rights to dispute said findings and conclusions in any legal proceedings, except in a <br /> proceeding to enforce this Settlement. <br /> II. PARTIES BOUND <br /> 6. This Settlement is binding upon EPA and upon Respondent and its successors and <br /> assigns. Upon ratification of this Settlement by Purchaser, this Settlement is binding upon <br /> Purchaser and any change in ownership or corporate status of Purchaser including, but not <br /> limited to, any transfer of assets or real or personal property shall not alter Purchaser's <br /> responsibilities under this Settlement, except in accordance with Paragraph 39. <br /> 1 <br />