The Assignment transfers to the Commission the right to seek payment from the former permit holder for the money you receive from the Orphan Site Reclamation Fund (the Fund). In other words, instead of you pursuing the former permit holder for that money, the Commission can pursue the former permit holder for reimbursement of the money paid to you from the Fund. Any money recovered by the Commission is returned to the Fund, where it can be used to restore orphan sites, provide land owner compensation under section 46, or support other purposes of the Fund. It remains your choice to pursue any other claims you may have against the former permit holder under the surface lease.
Clause 1: “Nothing in or arising from this Assignment shall in any way alter or affect any other rights or claims of the Assignor under the Surface Lease, which may be pursued by the Assignor at its sole discretion.”
The clause means that the land owner remains a party to the surface lease and maintains any legal rights or claims that exist under the surface lease, other than the right to pursue payment from the former permit holder for money you receive from the Orphan Site Reclamation Fund.
Clause 2: “This Assignment does not convey any duties or obligations whatsoever to the Commission under or arising from the Surface Lease.”
The clause means that the Commission is not taking on any responsibilities or obligations under the surface lease as a result of the Assignment. The clause does not mean that you are waiving any rights to apply to the Commission for additional payment in the future, nor does it alter the Commission’s objective to complete restoration of orphan sites