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VIII. There are no conditions or limitations to this indemnity agreement except those contained herein <br />at the date hereof, and thereafter no alteration, change or modification hereof shall be binding or <br />effective unless executed in writing, signed by the Operator, and approved by the Board or the <br />Division. <br />IX. Operator agrees to pay all costs and expenses incurred by the State and OSM which are expended <br />in any successful action instituted to enforce the terms of this indemnity agreement. <br />X. This indemnity agreement shall be good and effective notwithstanding any change or changes in <br />the business name of the Operator. <br />XI. No changes, revisions, modifications or renewals to the self -bond of the Operator or the terms of <br />the Permit shall act as a release of the Operator from this indemnity agreement. <br />XII. All notices required to, or which may be given shall be effective when received by the addressees <br />at the addresses specified below. <br />For the Operator: <br />ColoM o Coal Company L.P. <br />c/o Tri-State Generation and Transmission Association Inc. <br />Attn: Senior Vice President and Chief Financial Officer <br />1100 W. 116th Ave., Westminster, CO 80234 <br />2. For the Division: <br />State of Colorado <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Personal delivery shall have the same effect as notice given by mail. Notices given by mail shall <br />be sent certified. <br />XIII. In case of the insolvency, bankruptcy or dissolution of the Operator, all funds represented by the <br />self -bond shall immediately become due and payable. <br />XIV. The failure of any person or persons to sign this indemnity agreement shall not release or affect the <br />liability of the Operator. <br />XV. This indemnity agreement is a binding contract and shall be construed under and subject to the <br />laws of the State of Colorado. <br />-5- <br />