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GENERAL51478
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Last modified
8/24/2016 8:37:43 PM
Creation date
11/23/2007 6:49:45 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981037
IBM Index Class Name
General Documents
Doc Date
4/15/1993
Doc Name
CORLEY AGREEMENT WITH DMG
From
MAGGIO DOYON & REIMER
To
ASSISTANT ATTORNEY GENERAL NATIONAL RESOURCES SECTION
Permit Index Doc Type
GENERAL CORRESPONDENCE
Media Type
D
Archive
No
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<br />10. This Agreement shall not be construed to require the <br />Division to expend funds other than the $18,500.00 received from <br />Harrison to perform the tasks described in paragraph 7, or to <br />perform such tasks once such funds are exhausted. <br />11. 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 />12. This agreement shall be conditional upon the nego- <br />tiation and execution of the Settlement Agreement and Termination <br />Agreement. <br />13. 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 />14. 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 />15. 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 />16. 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 />17. 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 />tive as of the last date set forth below, and contingent upon the <br />other agreements as set forth in paragraph 13 above. <br />-3- <br />
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