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2018-02-06_REVISION - M1982090
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2018-02-06_REVISION - M1982090
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Entry Properties
Last modified
6/16/2021 6:25:35 PM
Creation date
2/6/2018 11:49:36 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1982090
IBM Index Class Name
Revision
Doc Date
2/6/2018
Doc Name Note
Request for Technical Revision
Doc Name
Request for Technical Revision
From
Caldera Mineral Resources, LLC
To
DRMS
Type & Sequence
TR6
Email Name
THM
GRM
Media Type
D
Archive
No
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(f) "Fund" shall have the meaning assigned thereto in Section 3 of this <br /> Agreement. <br /> (g) "Grantor" shall have the meaning assigned thereto in the first paragraph of this <br /> Agreement, along with any successors or assigns of the Grantor. <br /> (h) "Objection Notice" shall have the meaning assigned thereto in Section 4(c) of <br /> this Agreement. <br /> (i) "Phase 1 Work" shall have the meaning assigned thereto in the Settlement. <br /> (j) "Phase 2 Work" shall have the meaning assigned thereto in the Settlement. <br /> (k) "Settlement" shall have the meaning assigned thereto in the second paragraph <br /> of this Agreement. <br /> (1) "Site" shall have the meaning assigned thereto in the Settlement. <br /> (m) "Trust" shall have the meaning assigned thereto in Section 3 of this <br /> Agreement. <br /> (n) "Trustee" shall mean the trustee identified in the first paragraph of this <br /> Agreement, along with any successor trustee appointed pursuant to the terms of this Agreement. <br /> (o)"Work" shall have the meaning assigned thereto in the Settlement. <br /> (p) "Work Takeover" shall have the meaning assigned thereto in the Settlement. <br /> Section 2. Identification of Site and Cost Estimate. This Agreement pertains to costs <br /> for Work required at the Site,pursuant to the Settlement. <br /> Section 3. Establishment of Trust Fund. The Grantor and the Trustee hereby establish a <br /> trust("Trust"), for the benefit of the EPA("Beneficiary"), to ensure that funds are available to <br /> pay for performance of the Work in accordance with the terms of the Settlement. The Grantor <br /> and the Trustee intend that no third party shall have access to monies or other property in the <br /> Trust except as expressly provided herein. The Trust is established initially as consisting of cash <br /> and/or cash equivalents in the amount of$ 1,200,000, which is acceptable to the Trustee and <br /> described in Schedule A attached hereto. Such funds, along with any other cash and/or cash <br /> equivalents hereafter deposited into the Trust, and together with all earnings and profits thereon, <br /> are referred to herein collectively as the "Fund." The Fund shall be held by the Trustee, IN <br /> TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any <br /> responsibility for the amount or adequacy of,nor any duty to collect from the Grantor, any <br /> payments necessary to discharge any liabilities of the Grantor owed to the United States. <br /> Section 4. Payment for Work Required Under the Settlement. The Trustee shall make <br /> payments from the Fund in accordance with the following procedures. <br /> 3 <br />
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