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-- ......__........---r— .ate „-.....,.- ..- ._ .— - ._.... .._,_"'-;°r�F'�`='SFs�4;1';,�'se.:ts:{�.,F��}uuss �:s��f�.,:. :•M?i�.:��N'"IZ:,,---„ <br /> Page 2 <br /> Need to add a line in stating that the County is entering into the consent <br /> decree with the consent of the BOCC. <br /> Wage 2,under AGREEMENT: <br /> paragraph 1, f-irst line should be changed to"DMG agrees that it will use the <br /> funds provided herein to perform reclamation in Coal Basin as generally set <br /> forth inAt the <br /> paragraph 10 below. In third line, change to ,they will not� 3 <br /> end of the third sentence add"including, but not limited to, filing any action, administrative <br /> or judicial or otherwise, which questions or attempts to prevent DMG's reclamation or <br /> expenditures for reclarnation. The parties understand that DMG has the sole discretion as to <br /> implementation of reclamation at Coal Basin." <br /> Page 3,under AGREEMMNT: <br /> Paragraph 2(iii) , second line should be"reclamation" not "reclaamation." In <br /> addition,the last two lines state that the liquidation plan allows a credit for work done after <br /> the effective date of the liquidation plan doves inaccurate. The liquition plan or to the effective date of the plan y <br /> provides for a credit for reclamation work p <br /> pursuant to cash collateral orders. Therefore,I suggest that this paragraph be rewritten as <br /> follows: "the cost of reclamation work ourtr Thy Trustee asserts a credit oed prior to the Effective Uate f$382� 40 9t9p <br /> cash collateral orders entered y <br /> Paragraph 2(iv) and(v)should be in a paragraph separate from paragraph 2 <br /> because the liquidation Alan does not provide for es�iate��3 andintroduction <br /> that the Trustee has <br /> aph <br /> 2 indicates. I suggest these subparagraphs be m paragraph <br /> remitted X amount from land sales. The total amount DMG has received is X. The total <br /> credit the Trustee asserts for past reclamation is Y, for a total of$392,504.99. Then <br /> renumber the paragraphs accordingly. <br /> Faragraph 4, second line,�cid�"approximately"rea before <br /> �n�a ol' 111 <br /> amation.cost <br /> addition,the last line of this paragraph <br /> TQIIJ will be fully funded.,, <br /> paragraph 5, should reflect payment of the$585,887.19 within 10 days of the <br /> court signing the consent decree. <br /> Page 4, under.AGREEMENT: <br /> Paragraph 6,this language is too broad, and encompasses matters other than <br /> raining or reclamation of Coal Basin. Tenth line should be changed by replacing"including" <br /> £0 'd TV:Zt 66, ZT fiPW 8SS2998202:x2J <br />