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Cement Creek drainages following installation of bulkhead seals in the American or Terry <br /> Tunnels, during the term of this Consent Decree and thereafter, if SGC fulfills the <br /> requirements of the Consent Decree, there is a Successful Permit Termination Assessment <br /> pursuant to paragraph 14 and permit termination is achieved. If this Consent Decree <br /> terminates other than through termination of the permits, the Division covenants not to sue or <br /> to take administrative action against SGC for actions taken or work performed by SGC <br /> pursuant to the terms of this Consent Decree, provided that the Work was performed in a <br /> workmanlike manner and in conformance with the Work Plans and DMG Reclamation <br /> Standards. Specifically, the Division will not assert in any administrative or judicial action <br /> that the acceleration of mine pool filling by injection of water, and the addition of alkalinity to <br /> such water, has caused the mine pool to become a treatment facility subject to point source <br /> discharge permit requirements. <br /> XVI. INDEMNIFICATION <br /> 32. Indemnification of State by SGC SGC agrees to hold harmless and indemnify <br /> the State against all claims for damages by non-parties to this Consent Decree to the extent that <br /> such claims arise from the acts or omissions of SGC, its agents, contractors, consultants, and <br /> employees in carrying out the mitigation projects required by or undertaken pursuant to any <br /> provision of this Consent Decree and its appendices. In consideration of actions to be <br /> performed by DMG under this Consent Decree, SGC covenants not to sue DMG for activities <br /> performed or not performed by DMG or related to this Consent Decree. <br /> 38911-3 5/2,96 30 <br />