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9. The MLRD has filed an action in District Co~ur_ for <br />the County of La Plata, naming DPC, Strohecker and the Bank as <br />defendants, requesting that the Court enter a declaratory order <br />and injunction as necessary to allow the MLRD to remove the con- <br />veyor and dispose of it as it sees fit. <br />i0. DPC has conveyed any and all interest in the con- <br />veyor to the Bank and has executed a bill of sale evidencing such <br />conveyance to the Bank. A copy of the bill of sale is attached <br />as an exhibit to this agreement. <br />NOW THEREFORE, for good and valuable consideration, the <br />receipt of which is hereby acknowledged, the parties agree as <br />follows: <br />11. The Bank hereby agrees that Strohecker may remove <br />the conveyor from the site subject to the conditions listed <br />below. Upon such removal, the Bank will grant Strohecker title <br />to the conveyor and will provide him with a bill of sale evidenc- <br />ing such title. The conditions are as follows: <br />a. Strohecker may use appropriate machinery as <br />necessary to remove the conveyor. The conveyor shall be removed <br />causing as little damage to the reclaimed area as possible. It <br />is anticipated that some regrading and revegetation will be <br />necessary following the removal of the conveyor. Such regrading <br />and revegetation shall be performed by Strohecker. Strohecker <br />shall be responsible for ensuring that all areas disturbed by the <br />removal of the conveyor shall be reclaimed pursuant to the provi- <br />sions of the reclamation plan, the CSMRA, and the regulations <br />promulgated thereunder. <br />b. Strohecker may leave the conveyor footings in <br />place. The Bank shall be required to reclaim such footing pur- <br />suant to the reclamation plan as a condition of bond release. <br />c. Strohecker shall complete the removal of the <br />conveyor, and any regrading and reseeding that is necessary, by <br />June 8, 1992. On that date, Strohecker's right to remove the <br />conveyor shall expire. <br />12. The Bank shall ensure that the conveyor is removed <br />from the site by July 24, 1992. If Strohecker fails to remove <br />the conveyor pursuant to the preceding paragraph, the Bank shall <br />remove the conveyor or cause it to be removed by another party. <br />13. If the conveyor is not removed from the site by July <br />24, 1992, the MLRD may present the Bank with a sight draft for <br />-2- <br />