Laserfiche WebLink
simultaneously enter into an escrow agreement with respect to each account that contains <br /> proceeds of the drafts on the same terms and conditions as for the above letter of credit, except <br /> that SGC will be entitled to withdraw the escrowed amount immediately to the extent that it <br /> provides a letter of credit to the Division from an alternate financial institution pursuant to this <br /> paragraph. <br /> e. The Division will be entitled, and the letter of credit will provide that <br /> the Division will be entitled, to draw a draft under the letter of credit when its draft is <br /> accompanied by a signed statement by the Executive Director of the Colorado Department of <br /> Public Health and Environment or their designated representative and the Attorney General of <br /> the State of Colorado or their designated representative, certifying as follows: <br /> We hereby certify that the State of Colorado is entitled to perform certain <br /> actions pursuant to paragraph 25a and/or 25c of the Consent Decree entered <br /> into by the State and Sunnyside Gold Corporation and the amount of the <br /> accompanying draft under letter of credit no. , dated , is <br /> anticipated or estimated to be necessary for the State's performance of these <br /> actions. <br /> f. In the event that the Division draws upon the financial surety pursuant to <br /> either paragraph 25a or 25c above, the amounts will be placed in a custodial fund for its use <br /> pursuant to this Consent Decree. <br /> g. SGC may terminate the financial surety at any time following a <br /> Successful Permit Termination Assessment pursuant to paragraph 14. <br /> XIII. FORCE MAJEU F. <br /> 38911-3 311/96 27 <br />