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,. <br />which orders Rockcastle to submit additional bond ~f3,1;253;2q. However, the <br />Division may only commence such an action if Rockcastle fails to ~,e <br />C~ <br />te:4uce"?fie <br />*ro°tume of, YtL ~ b~ 23Q,988 bank cuh~c,.~±ards. p~, tn, the event of such acttQn,~ ~' <br />moo,. mF......,~~~~,~„ <br />the volume of Pit 4 by less than 150,988 bank cubic yards, <br />the entire 31:25;~3:~D, shall be due and payable and the waiver <br />shall apply, provided that the amount e# due"aiitpayaba;e~under this waiver shall <br />be reduced by i~ai~~m8uiouii~hG;f any bond release granted pursuant to s V of this <br />Agreement. <br />5. Except as expressly modified herein, nothing in this Agreement shall <br />~q9~ be construed to modify or limit any liability existing under State or Federal <br />~,~A ~ <br />~ ~c~°' ~ law, nor shall this Agreement be construed to prevent the Division from seekigg <br />b` ~~~~ ~or~ d~O~~casi4i i its tf,recf~c3 ,dPi~¢~s, ~,~,u~t5~ ~ai'~'~cF~x~ arck Skb-rm~luclass~ <br />C~~p ~~ ~a`~lditional reclamation funds~in the event the actual reclamation costs following <br />bond forfeiture exceed the 550,000 forfeited pursuant to this Agreement. <br />IX. MODIFICATION OF AGREEMENT -- The terms and conditions of this Agreement <br />may be modified by the written consent of the Division and Rockcastle. <br />Rockcastle and the Division agree to exert their respective best efforts to <br />cooperate and promptly resolve any issues which require modification hereunder. <br />X. DISPUTE RESOLUTION -- Rockcastle and the Division agree to exert their <br />respective best efforts to cooperate and promptly resolve any issues which <br />require resolution hereunder. If the parties are unable to resolve any issue, <br />the matter shall be scheduled for consideration by the Colorado Mined Land <br />~~ <br />Reclamation Board (the "Board")~ or its authorized delegate within 10 days of a <br />-12- <br />