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SENT BY~Xerox Telecopier 'iuc'~ ,c-.6-~C I•dcr'Ir, • <br />A <br />• <br />AANOLD & PO1~TEli <br />Kr. Stave Renner <br />December 16, 1992 <br />Page 2 <br />dUaLoc'U<LJ~I,U u;;VeU LHIVU kEC'L iii 3 <br />• <br />hold Harrison Western harmless Prom <br />and indemnify it against any further <br />claims or liabilities asserted by <br />third parties regarding the <br />reclamation work it has fleas to date <br />at the bonded area, including any <br />further proceedings in the pending <br />lawsuit filed by The Corley Company <br />against Harrison Western (you <br />indicated that you would need to <br />discuss this point with your counsel, <br />Frank Johnson); <br />cannel all existing notices of <br />violation and Coesation orders that <br />the Division has entered against <br />Harrison Western; and <br />ensure that Harrison Western is not <br />entered into the Av8 system end that <br />this arrangement is not considered a <br />bond forfeiture. <br />The objective is to release Harrison Western Prom <br />any further liability or responsibility for the bonded <br />area or the Mino upon payment o! the specified sum, <br />which, the Division has determined, will be sufficient <br />to perlorm the remaining work for which the Division <br />would otherwise attempt to hold Harrison Western <br />accountable. This agreement will be memorialized in a <br />definitive written agreement between the Division and <br />Harrison Western which will be submitted to the Board <br />for approval at its January 1993 meeting and will become <br />immediately effACtive upon such approval. We will <br />prepare the lirst draft of this definitive agreement, <br />which we expect to sand you by December 18. Ii <br />necessary to secure a.further extension Prom the Court <br />in the Corley litigation, you will provide Harrison <br />Western with a latter confirming that the Division and <br />Harrison Western have reached an agreement in principle, <br />under which the Division w111 assume responsibility for <br />the culvert and ditch, and that the agreement will be <br />addressed by the Board at its meeting next month. <br />Finally, you advised us that the Division will <br />seek to obtain Tha Corley Company~ll consent to the <br />agreement in principle and to enter into a separate <br />