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<br />remove the conveyor and dispose of it as it sees fit. <br />9. DPC has conveyed any and all interest in the conveyor <br />to the Bank and has executed a bill of sale evidencing such con- <br />veyance to the Bank. A copy of the bill of sale is attached as <br />an exhibit to this agreement. <br />NOW THEREFORE, for good and valuable consi~aration, the <br />receipt of which is hereby acknowledged, the parties agree as <br />follows: <br />10. The Bank shall ensure that the conveyor is removed <br />from the site by October 1, 1992. If the conveyor is not removed <br />from the site by such date, the DMG may present the Bank with a <br />sight draft for the full amount of the letter of credit, or any <br />portion thereof. Bank shall promptly honor such sight draft. <br />Furthermore, the Bank hereby agrees to provide the DMG, or any <br />other person named by the DMG, with a bill of sale conveying the <br />Bank's interest in the conveyor to the DMG or such other person. <br />11. The conveyor is held in place by three concrete foot- <br />ings which the Bank shall reclaim as follows: <br />a. The upper, or smaller, two footings shall be <br />removed, and the area regraded and seeded. <br />b. The lower, or larger, footing may be left in <br />place provided that it is partially demolished or knocked down so <br />that its top is at least one foot below the surface. <br />12. Upon removal of the conveyor pursuant to the terms of <br />this Agreement, the DMG shall move to dismiss the action filed in <br />the District Court for La Plata County with prejudice. <br />By: <br />MICHAEL B. LONG DATE <br />Director <br />Division of Minerals <br />and Geology <br />-2- <br />