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2003-07-02_REVISION - M1977534
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2003-07-02_REVISION - M1977534
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Entry Properties
Last modified
6/15/2021 2:47:41 PM
Creation date
11/21/2007 2:05:28 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977534
IBM Index Class Name
Revision
Doc Date
7/2/2003
Doc Name
Update the Division on the legal right to enter
From
Porzak Browning & Bushong LLP
To
DMG
Type & Sequence
AM1
Media Type
D
Archive
No
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JUL-01-2003 09 38 DUNCRN.GSTRRNDER&DINGESS 303 779 3662 P.12i16 <br />the approval of the lessors. <br />2. Clean-U~- Golden will clean all bunkers and surrounding areas of all e~losive <br />residue and other explosive ornon-explosive mat°''ie] no later than June 1, 2003. Golden and <br />Emrick shall cooperate in order to avoid interference with Golden's clean ~ bemolit~on~~~ <br />Emrick's move of its operations off of the site. widen silohandsearthem berms utilized ~' Emnck <br />the Emrick Lease to (a) demolish the~bu ~ provide to the lessors under the Emrick Lease the <br />under the Emrick Lease and (b) Prep Emrick Lease <br />environmental audit required under Section defend and hold Emrick (tharmlesA s & m and against <br />Obligations"). Golden agrees to indemnify, <br />auy liabilities, claims or causes of action asserted by the lessors under the Emricut of Golden's <br />o~~,LSe ~g'ertd by Emrick (including its reasonable attorneys foes) arising <br />failure to perform the Assumed Emrick Lease Obligations. Except for the Assumed Emrick <br />Lease Obligations, Golden shall have no obligations or liabilities with respe~~o~ ]at~msc,k Lease <br />and Emrick wIfl indemnify, defer and hold Golden harmless from and ag <br />liabilities or causes of lotion asserted agairl3t Golden by the Emrick Lease lessors or others <br />relating to any alleged pact or future breaches of the Emrick Lease. <br />Rn.,ironmental IndP••m ~ ~tioa Nothwithstanding the Assumed Emrick Lease <br />3' defend and hold Bolden harmless from and against any' <br />Obligations, Emrick agrees to indemnify, <br />liabilities, claims, causes of action or damages asserted by t out of or~ ed t the existence ofY <br />governmental agencies, or any other person or entity arising Hazardot~ Materials' located on, in <br />a4Y hazardous waste, toxic substances or related materials <br />or about the property that was subject to the Emrick Lease, including but not lunited to clean-uP <br />costs and natural resource damages. With respect to any matter for which Golden is indemnified <br />in this paragraph, Emrick shall, upon receipt of written notice from Golden, promptly take all <br />reasonable actiorLV to clean up any Hazardous Materials or otherwise conduct appropriate <br />remediation on the contaminated site, and obtain clearance from the appropriate entity eortftrming <br />that the environmental problems have been adequately addressed. If Entrick does not promptly <br />address any necessary issues of Hazardous Materials cleanup andlor remediation (or arty other <br />requirements of appropriate government authorities), Golden may undertake such actions, and <br />Emrick wi71 reimburse Golden for any Hazardous Waste cleanup costs ittcurred by 4oldea within <br />30 days of receipt of an invoice therefor accompanied by adequate supporting documentation. <br />The term "Hazardous Material" includes any substance, material or waste which is or becomes <br />regulated as a hazardous material by any local governmental suthorny, the State of Colorado or <br />the United States Government, or any of their agencies or departments. <br />4. a nt. Contingent on Ernrick's complete and timely perfo t~a~ui°ekton or before <br />obligations under the terms of this Settlement Agreement, Golden will pay shall be due <br />June 3, 2003 the sum of $65,000 (the "Payment'; provided,.however> that paym~ <br />by June 3, 2003, even if the audit or any necessary cleanup or remediation has not been completed <br />in accordance with Section 3 above. The Payment is acknowledged by Emrick to be complete <br />and adequate consideration for all of Emrick's covenants and agreements under this Settlement <br />Agreement. The amount of the Payment shall be reduced, but not below $60,000, by any <br />-2- <br />Ma66T7 <br />
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