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10. MSHA Compliance. Universal agrees and acknowledges that <br />MSHA has complete jurisdiction over the Tipple Complex site and that <br />the Tipple Complex site is subject to MSHA inspections and <br />compliance standards. Universal agrees to comply with any MSHA <br />statute, rule, or regulation and to•take any positive action with <br />respect to its work on the Tipple Complex site which is necessary to <br />ensure compliance with all MSHA statutes, rules, and regulations. <br />§11. Completion. Time is of the essence hereof; and in order <br />to insure the full and complete removal of the Assets, Universal <br />agrees that the last segment of the Tipple Complex to be dismantled <br />and removed from the Keenesburg Mine will be the "truck loadout <br />structure" (see Exhibit "C"), to include but not limited to, load <br />cells, weigh bin, sampler, computer control and weighing building, <br />dust collectors, etc. The loadout conveyor may be removed, but the <br />remainder of this segment of the Tipple Complex site will be left <br />"untouched" until all remaining segments have been dismantled and <br />prepared for shipment from the Keenesburg Mine. <br />Should any of the Assets, or any equipment or materials <br />belonging to Universal or to any of its subcontractors, not be <br />totally removed from the Keenesburg Mine property by the close of <br />business on August 31, 1994, the ownership of said Assets, <br />equipment, or materials shall revert/transfer to Coors, and neither <br />Universal nor its subcontractors shall have any further claim to <br />said Assets, equipment, or materials. <br />§12. Independent Contractor. The parties expressly understand <br />and agree that Universal is acting as an independent contractor <br />unrelated to Coors or its subsidiaries or affiliates. Unless <br />otherwise provided in this Agreement, Universal shall be solely <br />responsible for the supervision, control, and direction of its <br />employees, servants, agents, or subcontractors performing work under <br />this Purchase Agreement. Universal shall be responsible for paying <br />its employees, agents, servants, or subcontractors; for withholding <br />and all required filings and payments for income taxes, unemployment <br />taxes, and social security taxes; and for all benefit payments and <br />programs. Nothing in this Agreement is intended to create a <br />relationship, express or implied, of employer-employee or principal- <br />agent or master-servant between Coors and Universal or between Coors <br />and any of Universal's employees, agents, servants, or <br />subcontractors. Universal shall not incur any expense or obligation <br />or make any representations or warranties to third parties binding <br />upon or in the name of Coors or any of Coors subsidiaries or <br />affiliates. <br />§13. Miscellaneous. All notices given under any of the <br />provisions of this Agreement shall be deemed to have been given <br />three (3) days after such notice shall be placed in writing, <br />deposited in the United States mail, postage prepaid, and sent <br />certified to the address specified herein, or such notice shall be <br />deemed given when personally delivered in writing to the other <br />party. This Agreement may be changed, waived, or amended only in an <br />agreement signed by all parties to this Agreement. Except as <br />specifically provided herein, this Agreement contains the entire <br />5 <br />