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v.
AMENDED JUDGMENT
By Order dated September 20, 2006, this Court (i) granted the July 5, 2006
Defendant And Counter-Claimant’s Motion To Stay And Compel Arbitration; (ii) denied
Claims And To Stay Arbitration; and (iii) held that certain releases – asserted by
plaintiffs, Newmont U.S.A., Limited, f/k/a Newmont Mining Corporation (Newmont) and
N.I., Limited (NIL), to constitute valid defenses to claims asserted herein by Insurance
Company of North America (INA) (the Release Issue) – have no application to INA’s
Pursuant to this Court’s September 20, 2006 order, arbitration was conducted
and resulted in a Final Award by the arbitrators, dated December 21, 2007, a copy of
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which is attached hereto as Exhibit A. The Final Award was modified by the arbitrators’
Order Clarifying Final Award dated April 15, 2008 and attached hereto as Exhibit B.
On September 19, 2008, the Court issued an order granting in part and denying
in part Plaintiffs’ Motion For Entry Of Final Judgment. On August 11, 2010, the United
States Court of Appeals for the Tenth Circuit affirmed in part and reversed in part this
Court’s September 19, 2008 Order. On September 8, 2010, this Court entered an
Order altering the terms of the post-judgment interest as directed by the Tenth Circuit.
By reason of the forgoing, all of the parties’ claims asserted herein have been resolved.
Therefore, it is hereby
dismissing with prejudice all claims and causes of action asserted by them in their
Complaint. It is
FURTHER ORDERED that judgment is entered in favor of INA and against NIL
Exhibits A & B, is hereby confirmed pursuant to 9 U.S.C. § 9 and INA is awarded (a)
$461,782.24 for Pinal Creek site claims under the 1982-1985 Reinsurance Agreements
contractually agreed upon rate of 1.5% per month to January 18, 2008; and (c)
$556,893.15 in attorneys’ fees and costs incurred through January 18, 2008, in
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as defined by the Reinsurance Agreements at the rate of 1.5% per month from January
FURTHER ORDERED that INA is awarded attorneys’ fees and costs incurred
after January 18, 2008 in attempting to collect amounts due under the 1982-1985
at the rate of 1.5% per month including and after September 19, 2008.
s/ Edward P. Butler
Edward P. Butler,
Deputy Clerk
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