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review of the NOPA in accordance with paragraph 4.c. of this <br />Agreement, above. <br />7. OSM acknowledges that individual civil penalty assessments <br />against Kerr's officers and directors for their actions in <br />connection with the abatement of NOV Nos. 94-020-352-003 and <br />94-020-352-006 and the CO are not warranted and, according- <br />ly, will not pursue such assessments. <br />8. OSM, DMG, and Kerr agree to take all actions necessary to <br />perform the terms of this Agreement diligently and in good <br />faith, individually or jointly as may be appropriate. In <br />addition, OSM, DMG, and Kerr agree to individually and <br />jointly defend this Agreement against any challenge to it by <br />third parties. <br />9. If DMG does not approve the Proposed Revision or such <br />approval otherwise vacates, reverses, or modifies the Plan <br />in a manner which is not acceptable to OSM or Kerr, then the <br />parties shall each be released from the obligations imposed <br />by the foregoing terms of this Agreement. <br />10. This Agreement is made by the parties and is effective on <br />December 8, 1994. <br />OSM WESTERN SUPPORT CENTER <br />COLORADO DIVISION OF MINERALS AND <br />GEOLOGY <br />L \ 3\ 4S <br />Michael Long, Di ector (date) <br />5 <br />OSM ALBUQUERQUE FIELD OFFICE <br />