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SENT <br />~, <br />9Y:Xercx Telecopier 7021 : 1- 7-93 5:08PM 3038256525-AGO MINED LAND REC'L .~10 <br />I <br />rhould have nagoCiatad such terms into the Supplemental Lease, <br />plaintiffs have not incurred any damages Prom the alleged improper <br />conduct and it is unsubstantiated sp2oulation, at bent, that <br />plaintiffs will ever incur any such damages oY injury. Therefore, <br />as more fully demonstrated below, since there remain no genuine <br />issue as to any material facts that plaintiffs have not incurred <br />any damages ae a result of the ailegad improper conduct by CNB, and <br />it is only speculation thai. plaintiffs will incur any damages or <br />injury £rom such conduct in the future, CNB is entitled to summary <br />judgment on plaintiffs damages claim related to the Waste Pile. <br />Chare39~o, plaintiffs are hard pressed to contend before this Court <br />that a railure to negotiate such a provision 16 somehow imprudent <br />and a br®ach of fiduciary duty. <br />1VAIE.1 9~9 OIAIA) eA] pee <br />