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of this Agreement <br />4. Bond. Company shall deposit with County a good and sufficient security, in a form <br />acceptable to County, in the amount of $5,000.00, in order to secure Company's obligation <br />to repair damage to the Affected Portions of the Roads. The security may be in the form <br />of cash, performance bond, Certificate of Deposit, or irrevocable letter of credit. Such <br />security shall be forfeited to the extent of any damages awarded in arbitration pursuant to <br />Section 1(e), above. If forfeited, Company must replace the bond prior to conducting any <br />additional winter maintenance work on the Roads. <br />5. Temporary Closure. In order to limit danger to the traveling general public. County shall <br />maintain a gate which may be dosed and locked blocking CR 361 in the vicinity of Senator <br />Gulch during the winter months so as to restrict access beyond that point County shall <br />provide Company and its contractors the combination to the gate. The County Road and <br />Bridge Supervisor may order a temporary closure of the Affected Portion of the Roads, <br />upon determining that significant avalanche danger of other safety concerns warrant such <br />closure. Any temporary closure shall not automatically predude the Company's <br />employees from accessing the Company's property by traveling the Roads. Before <br />ordering a temporary closure of the Affected Portions of the Roads, the Supervisor shall <br />make reasonable efforts to confer with Company personnel to inform them of the <br />impending closure and the anticipated duration of the closure. Company will provide <br />appropriate signs, the text of which shall be approved by County, to be placed on the <br />Roads in the event of closure. <br />6. Avalanche Control. The parties agree that avalanche control work may be necessary in <br />the area of the Affected Roads. The Supervisor shall be informed prior to the <br />commencement of any avalanche control work, which shall be undertaken at the sole risk <br />of Company. <br />a. Company is not obligated to perform any avalanche control work, but if it elects to <br />perform avalanche control work, it shall be conducted subject to the following <br />conditions: <br />i. Such control work (including blasting) shall be performed by properly trained and <br />licensed personnel; and <br />ii. Company shall first obtain all necessary permits from other governmental <br />agencies with jurisdiction over avalanche control work and provide copies of all <br />such permits to the Supervisor prior to performing any control work. <br />iii. Company shall provide reasonable notice, generally considered to be at least a <br />24-hour notice, except during or after major storms when Company has need to <br />conduct avalanche control with less than 24-hour notice, to the public and <br />persons holding back country permits by posting a notice on the gate at the <br />switchback (Senator Gulch) that avalanche control work will occur within 24 - <br />hours. <br />iv. Company shall notify the County Sheriff and the Ouray Silver Mine that <br />avalanche control will be conducted, and take reasonable and appropriate steps <br />to warn the public of avalanche danger and control work and to ensure the safety <br />of the public by sweeping the slide area and ensuring that no unauthorized <br />persons are present prior to utilizing control measures. <br />b. Company may terminate this Agreement if it determines that avalanche control work <br />is impracticable, thereby endangering the safety of County employees and the <br />general public. <br />c. Prior to June 1 of each year, Company shall locate and properly dispose of any <br />charges that did not properly detonate during avalanche control work. <br />Page 3or6 <br />