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SENT BY:AXLEY BRYNELSON ; 5-24-94 ; 14:20 , 6082575444-4 608 849 5628;# 5 <br /> • <br /> to the Village and Dane County for approval prior <br /> to its implementation. The Village 's approval <br /> shall not be unreasonably withheld; and in so <br /> approving of the plan the Village shall impose <br /> requirements no more stringent than Dane County. <br /> In connection with any such implementation plan, <br /> the Operator shall reclaim the subject areas by <br /> grading them to slopes no steeper than 3 to 1 and <br /> shall fully seed the reclaimed slopes. The <br /> reclamation of these areas shall be completed by <br /> December 31, 1994 . <br /> 4 . Remedy. The parties hereto agree that in the event of a <br /> breach by the Operator of the terms and provisions of this <br /> Agreement, such breach would give rise to irreparable injury to the <br /> Village and that money damages would be inadequate compensation to <br /> the Village. Accordingly, it is agreed that any violation of this <br /> agreement by the Operator shall be the proper subject for immediate <br /> injunctive relief, specific performance and other equitable relief. <br /> Further, it is agreed that in the event of a breach of the terms or <br /> provisions of this Agreement by the Operator, then in such event <br /> the Village shall be entitled to recover from the Operator, the sum <br /> of $500. 00 a day for each day a violation continues, together with <br /> all costs and expenses incurred by the Village in enforcing the <br /> terms and provisions of this Agreement or collecting the amounts <br /> due hereunder, including but not limited to reasonable attorneys <br /> fees. <br /> 5. surety. To assure and secure performance of the <br /> Operators ' obligations under this Agreement, the Operator shall <br /> furnish a performance bond, standby letter of credit or other form <br /> of security acceptable to the Village, in the amount of $50, 000. 00, <br /> in favor of the Village and its successors and assigns. Such bond <br /> or letter of credit shall be released to the Operator upon complete <br /> satisfaction of its obligations hereunder. <br /> 6. Invalidity. If any provision of this Agreement or its <br /> application to any person or circumstances is held to be invalid or <br /> unenforceable, the remainder of this Agreement or the application <br /> of such term or provision to any person or circumstance other than <br /> to those to which it is held invalid or unenforceable shall not be <br /> affected and every term and provision of this Agreement shall be <br /> valid and enforceable to the fullest extent permitted by law. <br /> 7 . LAN. This Agreement shall be construed and enforced in <br /> accordance with the internal laws of the State of Wisconsin. <br /> 8. Headingg. The headings used throughout this Agreement <br /> are for convenience or reference only and shall not in any way <br /> limit or be deemed to construe or interpret the terms and <br /> provisions of this Agreement. <br /> 4 <br />