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the City of Ouray on land within the Uncompahgre National Forest, in Ouray County, <br /> Colorado. The Property includes the Site, as defined herein. <br /> "Purchaser" shall mean Caldera Mineral Resources, LLC, a Delaware limited <br /> liability company. <br /> "RCRA" shall mean the Solid Waste Disposal Act, 42 U.S.C. §§ 6901-6992 (also <br /> known as the Resource Conservation and Recovery Act). <br /> "Respondent" shall mean the CBCI bankruptcy estate represented by Duane H. <br /> Gillman as the Chapter 7 trustee. <br /> "Removal Work Plan" shall mean the work plan attached hereto as Appendix B for <br /> the implementation of the Work. <br /> "Section" shall mean a portion of this Settlement identified by a Roman numeral. <br /> "Settlement" shall mean this Administrative Settlement Agreement and Order on <br /> Consent and all appendices attached hereto (listed in Section XXIX <br /> (Integration/Appendices)). In the event of conflict between this Settlement and any <br /> appendix, this Settlement shall control. <br /> "Site" shall mean the Camp Bird Mine Site. The Site includes the two tailings piles, <br /> known as the historic and modern tailings, located at the Property, including segments of <br /> Imogene, Sneffels, and Canyon Creeks, as more specifically delineated by the map included <br /> in Appendix A, and all suitable areas in close proximity to the contamination necessary for <br /> implementation of the Work. The Site also includes the rock slide below United States <br /> Mountain for the limited purpose, and to the extent that, this area is used as a source of rip <br /> rap or cover material as well as the road connecting the 14-Level to the rock source. <br /> "State" shall mean the State of Colorado. <br /> "Transfer" shall mean to sell, assign, convey, lease, mortgage or grant a security <br /> interest in, or where used as a noun, a sale, assignment, conveyance or other disposition of <br /> any interest by operation of law or otherwise. <br /> "United States" shall mean the United States of America and each department, <br /> agency and instrumentality of the United States, including EPA. <br /> "Waste Material" shall mean (a) any "hazardous substance" under Section 101(14) of <br /> CERCLA, 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under Section 101(33) of <br /> CERCLA, 42 U.S.C. § 9601(33); and (c) any "solid waste" under Section 1004(27) of <br /> RCRA, 42 U.S.C. § 6903(27). <br /> "Work" shall mean all activities and obligations Purchaser is required to perform <br /> under this Settlement, including the Phase 1 and Phase 2 Work, except those required by <br /> Section XI (Record Retention). Work includes activities and obligations as delineated herein <br /> 4 <br />