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<br />erals, Inc. permit boundary. <br />11. This Agreement shall not be <br />Division to expend funds other than the <br />Harrison to perform the tasks described <br />perform such tasks once such funds are <br /> <br />construed to require the <br />$18,500.00 received from <br />in paragraph 8, or to <br />exhausted. <br />12. The purpose of this Agreement is to resolve a dispute <br />among the parties concerning the alignment and configuration of <br />the diversion of the Unnamed Creek around the sediment pond for <br />the West Pit, and to release Harrison from its reclamation obli- <br />gation in exchange for payment of $18,500.00 to be used for <br />reclamation. This agreement shall not be construed to impose any <br />additional duties or liabilities on the Division, or to be a <br />waiver of sovereign or governmental immunity. The Division's du- <br />ties and obligations are as defined by the Colorado Surface Coal <br />Mining Reclamation Act, §§ 24-33-101 through 137, C.R.S. <br />(1984 & 1992 Supp.), and other applicable law. <br />13. This agreement shall be conditional upon the nego- <br />tiation and execution of the Settlement Agreement and Termination <br />Agreement. <br />14. Each party certifies that the officer signing this <br />Agreement has carefully read this entire Agreement, that he has <br />discussed it with the party's attorney, that the contents thereof <br />are fully known and understood by him, and that he is duly au- <br />thorized to execute this Agreement on behalf of the party for <br />whom he is executing this Agreement. <br />15. This Agreement shall be binding upon and shall inure <br />to the benefit of each of the parties and their respective offi- <br />cers, directors, shareholders, employees, agents, representa- <br />tives, predecessors, successors, assigns, and heirs. <br />16. If any provision of this Agreement is declared to be <br />unenforceable in a final unappealable decision of a tribunal with <br />jurisdiction over the issue, the remainder of the Agreement and <br />the Exhibits shall remain valid and enforceable. <br />17. This Agreement shall be governed by the laws of the <br />State of Colorado without regard to the principles of conflicts <br />of law. <br />18. This Agreement may be executed in counterparts, each <br />of which shall be considered an original. <br />WHEREFORE, the parties have executed this Agreement effec- <br />-3- <br />