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EXHIBIT D <br /> RECOVERY AGREEMENT <br /> In the event the Board forfeits the Financial Warranty and demand is made upon <br /> Hanover for payment of the Financial Warranty, the Division will complete the <br /> reclamation, including treatment of the mine pool water, utilizing the forfeited bond <br /> funds. Upon Hanover's payment of the Financial Warranty proceeds, the Division <br /> hereby assigns to Hanover the Division's rights against CLL, or any other entity <br /> that may have responsibility to the reclamation, regarding costs covered by the <br /> Financial Warranty bond. Hanover expressly waives and relinquishes any rights <br /> against the Division to the forfeited bond funds in the amount of <br /> $7,674,022.00. Pursuant to C.R.S. 34-32-118(6) the Division and Board retain all <br /> rights to any future liability or actual reclamation and water treatment cost <br /> recovery against CLL to the extent the reclamation costs exceed the Financial <br /> Warranty amount. Hanover agrees to subordinate its rights to the Division and <br /> Board, to the extent any exist, to any claims against CLL for recovery of actual <br /> reclamation and water treatment costs that exceed the financial warranty amount <br /> of$7,674,022.00. Upon demand for payment by the Board, Hanover agrees to <br /> expedite delivery of the bond funds, not to exceed three (3) business days from the <br /> date of the demand for payment. Upon payment of the Financial Warranty penal <br /> sum, the Board forever releases Hanover from any and all claims. It is understood <br /> that the $7,674,022 is the current penal sum of the bonds. There is a possible <br /> agreement pending that may reduce the penal sum to $7,274,022. In such case the <br /> bond amounts cited in this paragraph are deemed to be modified to $7,274,022. <br />