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4. Proof of deposit of each installment must be submitted to the Division <br />on the date of the deposit. Withdrawal of funds from this escrow account shall be <br />made for the sole purpose of payment of invoices related to access road repair and <br />stabilization work. Any additional withdraw of funds from this account not <br />authorized in writing by the Board or Division constitutes non - compliance with the <br />terms of this agreement and Board Order and authorizes the Division to <br />immediately seek forfeiture of Wildcat's existing financial warranty at the next <br />regularly scheduled Board meeting. In the event Wildcat fails to submit any one of <br />the two cash escrow installments by the due date, or provide proof of deposit, the <br />Division may immediately seek financial warranty forfeiture at the next regularly <br />scheduled Board meeting following the missed deposit. Timely deposit of a cash <br />escrow installment does not preclude the Division from pursuing final permit <br />revocation and financial warranty forfeiture should Wildcat fail to comply with any <br />outstanding corrective action as ordered by the Board or conduct activities on site <br />that are determined to be in violation of the Act, Rules and Regulations, the Cease <br />and Desist order, the permit, or any Board Order. <br />5. The Inactive Mine Reclamation Program, a unit within the Division, <br />will be conducting site inspections and other field work at the May Day Mine site as <br />preparation for reclamation in the event the financial warranty is forfeited. <br />Wildcat and its associates, employees, consultants, or agents shall not impede IMP's <br />on -site inspections and field work, including, but not limited to, obstructing IMP'S <br />ability to safely access the site on its own self- determined schedule. <br />6. All remaining corrective actions set forth in the December 2011 Order <br />shall be completed prior to the end of the 2015 construction season, or earlier if <br />possible. The Parties agree to amend, through future stipulated agreement and <br />Board approval, the December 2011 order to include compliance deadlines related to <br />the remaining unabated corrective actions and conditions regarding the May Day 1 <br />portal and associated mill, the Chief Portal and drainage, the May Day 2 area <br />drainage, and water quality monitoring. <br />7. On December 3, 2013 the Board ordered a civil penalty in the amount <br />of $44,000 for failure to comply with an Order. The Parties agree to amend the civil <br />penalty portion of the December 3, 2013 Order as follows: The Parties agree that <br />$5,000 of the $44,000 amount shall be due and payable immediately. In the event <br />Wildcat deposits two timely cash escrow installments and completes the access road <br />repair and stabilization work, to the Division's satisfaction, on or before July 1, <br />2014, or by the extended deadline as established by the Division, the remaining <br />$39,000 civil penalty ordered on December 3, 2013 shall be waived. In the event <br />Wildcat fails to timely deposit any cash escrow installment or fails to adequately <br />complete the access road repair and stabilization work by the completion deadline <br />the $39,000 shall be immediately due and payable and, if unpaid, that amount shall <br />be sent to state collections. <br />7 <br />