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'1 <br /> Mr. Larry Mautz <br /> November 10, 1993 <br /> Page 2 <br /> Mountain Coal Company has also analyzed the invoice without reference to the not-to-exceed <br /> amounts. While you are bound by contract not to bill charges over the not-to-exceed amount, this <br /> analysis assumes the legitimacy of these excess charges, and therefore gives you the benefit of any <br /> doubt. After correcting for duplicate and noncompensable charges on the invoices, Mountain <br /> Coal has arrived at a figure of$5,851.71 for charges without the not-to-exceed cap. Mountain <br /> Coal hereby offers to settle any discrepancy in the invoiced charges and the amounts owed for <br /> that amount, plus the $715.00 for water purchases. As recorded on your invoice, Mountain Coal <br /> Company previously gave you a $5,000.00 advance for work under the Construction Agreement. <br /> Mountain Coal Company has therefore enclosed a check for $1,566.71. <br /> BY ENDORSING THIS CHECK YOU ACKNOWLEDGE THAT THIS PAYMENT IS IN <br /> FULL SETTLEMENT OF ALL CLAIMS FOR COMPENSATION UNDER THE JUMBO <br /> MOUNTAIN CONSTRUCTION AGREEMENT, MCC-9316 AND THE .WATER SUPPLY <br /> AGREEMENT. BY ENDORSING THIS CHECK, YOU FURTHER CERTIFY THAT ALL <br /> RECLAMATION PERFORMED BY YOU COMPLIES WITH THE REQUIREMENTS OF <br /> THE CONSTRUCTION AGREEMENT. <br /> If you have any questions, please contact Scot Anderson at (303)293-4230. <br /> Sincerely, <br /> �ltj 6 . S J4 � <br /> Phil G. Schmidt <br /> PGS:pd <br /> Enclosure <br />