Extract to table

At the same time, TMC must avoid a posture that appears obstructionist or that undermines the cooperative tone established during the mediation and framework agreement negotiations

TMC should negotiate for a structure that minimizes the amount of cash that must be set aside in trust, maximizes the use of surety bonding, and provides for declining-balance adjustments as remediation milestones are achieved

The consent decree must be structured to preserve adequate headroom under this covenant, and disclosures to Harborstone must be coordinated to avoid triggering covenant violations or default provisions

The remediation program must be designed and implemented in a manner that is compatible with ongoing operations

As with Gallatin, it must be emphasized that Bonanza Creek is an active mine with ongoing production

The remediation program must accommodate continued mining operations, and the consent decree should include provisions preserving TMC's operational flexibility during remediation