GENERAL30888 - Laserfiche WebLink

Home Browse Search

11.The purpose of this Agreement is to resolve a dispute among the parties concerning the alignment and configuration of the diversion of the Unnamed Creek around the sediment pond for the West Pit, and to release Harrison from its reclamation obligation in exchange for payment of $18,500.00 to be used for reclamation. This agreement shall not be construed to impose any additional duties or liabilities on the Division, or to be a waiver of sovereign or governmental immunity. The Division's duties and obligations are as defined by the Colorado Surface Coal Mining Reclamation Act, § 24-55-101 through 137, C.R.S. (1984 & 1992 Supp.), and other applicable law. 12. This agreement shall be conditional upon the negotiation and execution of the Settlement Agreement and Termination Agreement. 13. Each party certifies that the officer signing this Agreement has carefully read this entire Agreement, that he has discussed it with the party's attorney, that the contents thereof are fully known and understood by him, and that he is duly authorized to execute this Agreement on behalf of the party for whom he is executing this Agreement. 14. This Agreement shall be binding upon and shall inure to the benefit of each of the parties and their respective officers, directors, shareholders, employees, agents, representatives, predecessors, successors, assigns and heirs. 15. If any provision of this Agreement is declared to be unenforceable in a final unappealable decision of a tribunal with jurisdiction over the issue, the remainder of the Agreement and the Exhibits shall remain valid and enforceable. 16. This agreement shall be governed by the laws of the State of Colorado without regard to the principles of conflicts of law. 17. This Agreement may be executed in counterparts, each of which shall be considered an original.