Laserfiche WebLink
<br />be available to the Division for the completion of the remaining reclamation and <br />maintenance requirements at the Site. The 550,000 bond amount is a good faith <br />estimate of the reclamation and maintenance costs over the liability period. <br />Bond forfeiture shall be conducted pursuant to Rule 3.04. Following forfeiture <br />of the bond, Rockcastle and persons who own or control Rockcastle will be entered <br />in the Applicant Violator System. <br />VIII. LIMITATION OF LIABILITY -- <br />1. The Division and Rockcastle agree that completion of reclamation <br />activities required by this Agreement and payment of the 51,800 civil penalty <br />for NOV C-90-007 constitute all acts necessary to fully abate and terminate all <br />existing or future liability under NOV C-89-034 and NOV C-90-007. <br />2. Upon bond forfeiture pursuant to § VII of this Agreement, Rockcastle, <br />its directors, officers, agents, contractors and sub-contractors shall no longer <br />be subject to civil or criminal penalties pursuant to § 34-33-123 C.R.S. <br />3. In the event Rockcastle fails to diligently perform its obligations <br />under this Agreement, the Division may enforce the terms of NOV-90-007, NOV <br />C-89-034 and the Board Order of December 14, 1989. <br />4. The terms of this Agreement are such that Rockcastle has agreed to <br />reduce the volume of Pit 4 by 150,988 bank cubic yards in lieu of submitting <br />the additional bond ordered by the Board. Rockcastle hereby waives any and all <br />defenses it may have to an action to enforce that portion of the Board's Order <br />-11- <br />