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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 SCE' 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 /> 33. Nothing in this Consent Decree will be construed to limit the enforcement or <br /> other authorities of the Division except as provided in this Consent Decree. Nothing in this <br /> Consent Decree will be construed to limit the authority of any other Department or Division of <br /> the State of Colorado. <br /> 3MI_1.2C"6 31 <br />