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2021-11-22_ENFORCEMENT - M1987013 (2)
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2021-11-22_ENFORCEMENT - M1987013 (2)
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Last modified
12/28/2024 4:08:58 PM
Creation date
11/23/2021 8:45:31 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M1987013
IBM Index Class Name
Enforcement
Doc Date
11/22/2021
Doc Name
Corrective Action Resolution
From
Lewicki & Associates
To
DRMS
Email Name
CMM
LJW
THM
Media Type
D
Archive
No
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3.10-4ssignment. No Party may assign any of its rights or delegate its duties or obligations <br /> under this Agreement without the prior written consent of the other Party, which <br /> written consent shall not be unreasonably withheld, delayed, or conditioned. <br /> 3.11. f-Vairer. No term or condition of this Agreement shall be deemed to have been waived. <br /> or there be an estoppel against the enforcement of any provisions of this Agreement, <br /> except by written instrument of the Party charged -vti ith such waiver or estoppel. No <br /> such written waiver shall be deemed a continuing ,vaiver unless specifically stated <br /> therein and such waiver shall operate only as to the specific term or condition for the <br /> future or as to any act other than that specifically waived. <br /> 3.12.Signatories. Each undersigned representative of a party to this Agreement certifies that <br /> he or she is fully authorized to enter into the terms and conditions of this Agreement <br /> and to execute and legally bind such party to this document. <br /> 113. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the <br /> Parties,their personal representatives, heirs, successors,and assigns. <br /> 3.14.No Admission. This Agreement constitutes a compromise of disputed matters and has <br /> been entered into by the Parties in order to avoid incurring the cost,delay and <br /> distraction associated with litigation, and not in acknowledgment of any wrongdoing, <br /> liability or responsibility. Neither this Agreement,nor any performance to be rendered <br /> hereunder, shall constitute or be deemed to constitute an admission or acknowledgment, <br /> express or implied, of any�Nrongdoing. liability or responsibility, and any and all <br /> assertions or implications of wrongdoing, liability or responsibility are expressly <br /> disputed and denied. <br /> IN WITNESS WHEREOF,the Parties have executed this Agreement effective as of the date <br /> set forth above. <br /> Southway Construction Co.,Inc. Burton Farms,LLLP <br /> of Alamosa <br /> Name:mock T. SQ%Crokk Robert W. Burton, Jr., General Manager <br /> Title: PR.Cstuqwr Date: .2021 <br /> Date: 2021 <br /> Susan L.Barker, General Manager <br /> Date: . 2021 <br /> Settlement Agreement Page i of 5 <br /> Burton Farms.LLLP <br /> South%�ay Construction Company.Inc.of Alamosa <br />
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