2021-04-01_REVISION - M1980121

• Permit No: M1980121
• IBM Index Class Name: REVISION
• Doc Date: 4/1/2021
• Doc Name: Incompleteness Response
• From: C&H Aggregates, LLC
• To: DRMS
• Type & Sequence: SO1
• Email Name: SMS
• Email Name: PSH
• Email Name: JLE
• Media Type: D
• Archive: No

where this contract of indemnity applies. Operator agrees to waive all rights of subrogation against the County its
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the Operator under the DRMS Permit.
6. Notices. Any notice to be made under this Agreement shall be sent as follows:
• personal service by a reputable courier service requiring signature for receipt;or
• five(5)days following delivery to the United States Postal Service,postage prepaid addressed to a party at the
address set forth in this contract;or
• electronic transmission via email at the address set forth below,where a receipt or acknowledgment is required
by the sending party;or
• transmission via facsimile,at the number set forth below,where a receipt or acknowledgment is required by the
sending party.
Either party may change its notice address(es)by written notice to the other.
Notification Information:
Operator.
Name: Derek Daniels
Position: Vice President
Address: 43646 CR 45
Address: Ault,CO 80610
E-mail: [e-mail]
Phone: [phone]
County:
Name; Clay Kimmi
Position: Senior Engineer
Address: 1111 H Street
Address: Greeley,CO 80631
E-mail: [e-mail]
Phone: [phone]
7. Compliance with Law and with this Agreement. Operator shall strictly comply with all applicable federal
and state laws, rules and regulations in effect or hereafter established and pertaining to the work to be performed
under the DRMS Permit,and shall further comply with this Agreement and its exhibits,including but not limited to,the
Slope Study.
8. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated
herein, contains the entire agreement between the parties with respect to the subject matter contained in this
Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with
respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by
a written instrument signed by both parties.
9. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable
by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
10. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
11. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any