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In the event an Order of forfeiture is entered by the Board and the Division against the Operator <br />requiring the forfeiture of all or any part of the self-bond, the Board or the Division will mail to <br />the Operator written demand for payment of the amount of the self-bond which was so ordered <br />forfeited and the Operator shall pay such amount in full to the indemnitee within ten (10) business <br />days after receipt of such demand. If such order is vacated, reversed, or otherwise made <br />unenforceable by court or administrative agency of competent jurisdiction, any amount previously <br />paid to the State by the Operator hereunder shall be refunded to the Operator in full within thirty <br />(30) business days after receipt of a certified copy of the ruling, order or other action by such <br />court or administrative agency. <br /> <br />VI. In the event the State initiates, pursues or is brought into litigation, as a result of attempts to <br />enforce bonding requirements under this indemnity agreement, the Operator agrees to pay all <br />litigation costs incurred by the State in any successful effort to enforce this agreement against the <br />Operator with respect to the operations or activity for which this agreement is made. This <br />agreement pertains to all costs reasonably connected to the operation or activity for which this <br />agreement is made. This agreement pertains to all costs reasonably connected to the litigation <br />costs and all administrative costs reasonably incurred in the course of enforcing or in preparation <br />to enforce the rules and regulations for self-bonding against the Operator with respect to the <br />operation or activity for which this agreement is made. Liability for payment of litigation costs <br />shall not be limited by the principal amount of the Operator's self-bond. The Operator agrees that <br />vouchers or other proper evidence showing payment shall be conclusive evidence of the fact and <br />amount of liability of such costs. <br /> <br />VII. This agreement shall be deemed terminated in whole or in part; (a) when and as the Board and the <br />Division, certifies in writing to the Operator that the Operator has successfully completed the <br />mining and reclamation activities pursuant to the Permit as required by the Act, the rules and <br />regulations pursuant to the Act, and applicable federal laws and regulations for which this <br />agreement is posted; or (b) when, and as the Board or the Division certifies in writing to the <br />Operator that, the Operator has provided an acceptable substitution for this agreement in <br />compliance with Rule 3; or (c) when the Division, otherwise authorizes release of this agreement <br />in whole or in part to the Operator pursuant to the Act and the rules and regulations promulgated <br />thereunder. <br /> <br />Operator shall have the right at any time to post a corporate surety bond, letter of credit or other <br />securities complying with Rule 3 in substitution for and release of all or part of this agreement. <br />Operator shall notify the Division in writing of any such substitution, and the Division shall notify <br />the Operator in writing of the acceptability of any such substitution. Said substitution shall not be <br />valid and effective until the Division certifies such in writing. <br /> <br /> -4- <br /> <br />VIII. There are no conditions or limitations to this indemnity agreement except those contained herein <br />at the date hereof, and thereafter no alteration, change or modification hereof shall be binding or <br />effective unless executed in writing, signed by the Operator, and approved by the Board or the <br />Division. <br /> <br />IX. Operator agrees to pay all costs and expenses incurred by the State which are expended in any <br />successful action instituted to enforce the terms of this indemnity agreement.