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~_ BOND No. 645103557518BCM <br />(10) The State may make demand upon tkfe surety for payment hereunder if the Board or the <br />Division determines, and the OSMRE concurs, that reclamation which aught to have been performed <br />pursuant to the Plan by the Principal, of ils successgqrs ur assiy,~rs, rGUialus miperformed, and if surety <br />forfeiture procedures required by law have been iniihiated. No other condition precedent need be <br />ful5tlcd to entitle the State to receive the amount so demanded. However, if, upon eomplefaon of <br />reclamation, the amounts expended for reclamation shaA be less thaw the amount received from the <br />surety, the excess shall be promptly refunded to the surety. <br />(11) Tf demand is made upon the surety for payment of an amount due to the State <br />hereunder, and if the surety fails to make payment of such amount within ninety (9d} days after the <br />date of receipt of such demand by the surety, and if it should thereafter be determined, by agreement <br />of the surety of by final judgement of court, that the amount demanded was properly payable, surety <br />ogees to pay to the State, in addition to the amount demanded, iAterest a the prime rate ul effect from <br />time to time at The First National Bank of Aenver for, the period commencing at the end oI such <br />ninety-day period and ending on the date of actual payment. <br />(12) Tf'the State shall noti€y the surety that the Principal is in default and if the State shall <br />initiate any bond forfeiture procedures required by l~w or regulation, the surety may; in lieu of making <br />payment to the State of the amount due hereunder, pause the reclamation to be timely performed in <br />accordance with the Plan. In such event, when and if the reclamation has been timely performed to <br />the satisfaction of the Board or Division and the OSAgLE, this bond shall be released. if the <br />reclamation shall not be so performed to the satisfaction of the Board or Division and the OSM}2E, <br />this bond shall remain in full force and effect. <br />(13) (a) If this bond applied to National Forest System lands, and if this bond is <br />accepted by the CJnited .states Forest Sen+ice ("U.S.F.S ") as the bond required under 36 C.F.R <br />252.13, then the Principal and the surety, having requested that the State and the CI.S.F.S, accept this <br />single bond in lieu of the, separate bonds which would otherwise be required by applicable law, hereby <br />agree that, notwlthst'anding any other pmvision hereof, or of law, this bond shall remain in full force <br />and effect until U.5.F.S. has advised the State that the reclamation work has been satisfactorily <br />completed in.accordance with the.requirements of applicable Federal law and regulations, -- <br />(h) If this bond appties to land u~rder the jurisdiction of the State Board of Land <br />Commissioners ("Land Board"), and if this bond; in whole or in part, is accepted by the Land Boazd <br />as the bond required under its applicable law and procedures, then the Principal and the surety, having <br />requested that the State accept this single bond in lieu of the svyaratc hoods wIuch mould otherwise be <br />required by the Colorado Mined Land Reclamation Board or Division and by the Land Board, hereby <br />agree that,:notwithatanding any other provision hereof, or,of law, this bond shall remain in foil force <br />and eff'ecf untr7 released by the Land Board. <br />::~~•: <br />RIO7z2 <br />0t 39tld Wflltll WIC 65t09b86SL SS:Tt L00Zl6tlL0 <br />