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<br />ROCKCASTLE/CMLRD <br />DRAFT AGREEMENT <br />5/30/90 <br />IX. LIMITATION ON LIABILITY -- <br />1. The Division agrees that Rockcastle's completion of the <br />reclamation activities required by this Agreement constitutes full <br />compliance with the reclamation measures imposed by the Permit and <br />the Act, including but not limited to structure removal, <br />backfilling, grading, topsoiling, and revegetation. Accordingly, <br />Rockcastle, its directors, officers, agents, contractors and <br />subcontractors, and their respective successors, assigns or <br />beneficiaries shall have no further liability under the Permit or <br />the Act except as specified in §IX(5) below. Further, Rockcastle, <br />its directors, officers, agents, contractors and subcontractors and <br />their respective successors, assigns or beneficiaries shall have <br />no further liability under §34-33-123, C.R.S., except as provided <br />in §IX(5) below. <br />2. The parties hereto agree the Permit has expired, the bond <br />has been forfeited and that upon completion of the reclamation <br />activities required by this Agreement, Rockcastle shall have no <br />further responsibility or liability for environmental protection <br />or reclamation requirements under the Permit or the Act as an <br />owner, operator or permittee of the Grassy Gap Mine except as <br />specified in §IX(5) below. <br />3. The Division and Rockcastle agree that completion of <br />reclamation activities required by this Agreement constitute all <br />acts necessary to fully abate and terminate all existing or future <br />liability under NOV C-89-034 and NOV C-90-007. <br />-9- <br />