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~~ <br /> <br />4. BMRI reserves the right to review and approve invoices prior to <br />payment. <br />5. BMRI reserves the right to challenge invoices which it finds inaccurate <br />or otherwise not in compliance with the terms of the Agreement for <br />Environmental Consulting Services, <br />VI. LIMITATIONS <br />This MOU is not intended to waive or otherwise limit any State .laws, rules or <br />regulations, or any other requirements or duties under such laws, rules pr regulations. <br />BMRI shall fully comply with all applicable State laws, rules, and regulationk pertaining to <br />mining and related reclamation. <br />VII. EFFECTIVE DATE <br />This MOU shall become effective upon the signature of tlfe authorized <br />representatives of the DMG and BMRI and approval by the Board of the MOU. <br />VIII. TERM <br />The term of this MOU shall be one (1) year. At the completion of one year's <br />independent sampling and analysis, the DMG shall assess the results of the independent <br />monitoring and propose a schedule for continued independent sampling afid analysis. If <br />BMRI concurs with DMG's proposal, BMRI shall propose an amendment tb the Contract <br />to implement such proposal and issue a change order extending the term fryr one year. <br />IX. AMENDMENTS <br />Amendments to this MOU may be proposed at any time by either party to the MOU <br />and said amendment shall become effective upon the written approval of the;parties hereto. <br />X. DISPUTES <br />In the event either party to this MOU believes that a dispute has ari en hereunder, <br />it shall given written notice to the other party setting forth the nature of the ~ispute and the <br />basis for its position. The Parties agree to negotiate in good faith for a period of ten (10) <br />days from receipt of the notice to seek a resolution. If the Parties are un ble to reach a <br />mutually acceptable resolution during the negotiation period, the dispute shad be forwarded <br />to the Mined Land Reclamation Board for resolution in accordance with applicable <br />procedural rules. <br />-6- <br />