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the AVS. If, following the execution of this Agreement, Pittston can <br />show that it did not own or control an entity or site on Exhibit A, such <br />site or entity may be removed from Exhibit A through the mutual consent <br />of both parties. However, any deletions of entities or sites listed on <br />Exhibit A shall not alter or affect the current reclamation obligations or the <br />current AML fee debt payment provisions under Exhibits 6 and D - G of <br />this Agreement. No department, agency, officer or employee of the <br />United States government shall be liable, and Pittston agrees that it will <br />not make any claim, for any refunds of monies paid hereunder, or the cost <br />of reclamation performed under this Agreement, by virtue of any deletions <br />from Exhibits A- G, nor by virtue of amendment, deletion or nullification <br />of the regulations implementing the Surface Mining Control end <br />Reclamation Act of 1 977, nor by virtue of any amendment, deletion, or <br />nullification of Act or any of its state counterparts.'-' <br />5. In making this Agreement, Pittston does not admit any liability <br />for the entities listed on Exhibit A, does not assume any contractual <br />Removal of sites, contractors, or violations from Exhibits A - G of this <br />Agreement requires OSM's consent. Pursuant to Paragraph 3-of this Agreement, Pittston <br />has waived Its right to attempt to rebut links to contractors or contractor violations <br />settled by this Agreement. Accordingly. if OSM and Pittston cannot agree that a <br />contractor or contractor violation should be removed from an exhlblt, Pittston has no <br />recourse to administratively challenge OSM's decision through 30 C.F_R_ §§ 773.5, <br />773.15, 43 C.F.R. 44 4.1280, 4.1380, or any other procedure. <br />- Page Number 6 -- <br />annrA~ 'TV.1T1-~i„TCTTT.1 ,,,,.,,000.,..~e. ~~•~„ „o,,,-..,.,. <br />