Indiana § 14-34-7-7 Indemnity agreement

Indiana Statutes

§ 14-34-7-7 — Indemnity agreement

Indiana·Art. 34 SURFACE COAL MINING AND RECLAMATION·Ch. 7 Self-Bonding

If the director accepts an applicant's self-bond, an indemnity agreement shall be submitted to the director. The indemnity agreement must meet the following requirements:

(1)The indemnity agreement must provide in express terms that the persons or parties bound by the agreement are liable to the director for all costs incurred by the director:

(A)in pursuing forfeiture of any self-bonds posted by the permittee for whom the indemnity agreement was submitted; and

(B)in reclaiming those areas at which the permittee for whom the indemnity agreement was submitted retains excess monetary liability to the director under IC 14-34-6-16(c).

(2)The indemnity agreement must:

(A)be executed by all persons and parties who are to be bound by the agreement, including the corporate guarantor; and

(B)

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If the director accepts an applicant's self-bond,
an indemnity agreement shall be submitted to the director. The
indemnity agreement must meet the following requirements:
(1) The indemnity agreement must provide in express terms that
the persons or parties bound by the agreement are liable to the
director for all costs incurred by the director:
(A) in pursuing forfeiture of any self-bonds posted by the
permittee for whom the indemnity agreement was submitted;
and
(B) in reclaiming those areas at which the permittee for whom
the indemnity agreement was submitted retains excess
monetary liability to the director under IC 14-34-6-16(c).
(2) The indemnity agreement must:
(A) be executed by all persons and parties who are to be bound
by the agreement, including the corporate guarantor; and
(B) bind each party jointly and severally.
(3) A corporation applying for a self-bond and a corporate
guarantor guaranteeing a self-bond must submit an indemnity
agreement signed by two (2) corporate officers who are
authorized to bind the corporation. The director must be given a
copy of the authorization and an affidavit certifying that the
indemnity agreement is valid under all applicable state and
federal laws. A corporate guarantor must give the director a copy
of the corporate authorization demonstrating that the corporation
may guarantee the self-bond and execute the indemnity
agreement.
(4) If the applicant is a partnership, joint venture, or syndicate, the
agreement must bind each partner or party who has a beneficial
interest, directly or indirectly, in the applicant.
(5) The applicant or corporate guarantor must complete the
approved reclamation plan for the land as to which a bond has
been forfeited for failure to reclaim or pay to the director an
amount necessary to complete the approved reclamation plan, not
to exceed the bond amount.
(6) All bonds and guarantees must be indemnified corporately and
personally by all principals.
[Pre-1995 Recodification Citation: 13-4.1-6.3-11.]