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3. As contemplated by Section VII, Rockcastle hereby agrees to the voluntary forfeiture <br />of the remaining $35,000 of its performance bond. The $35,000 bond amount is a <br />good faith estimate of the reclamation and maintenance costs over the liability <br />period. The forfeited funds shall be available to the Division for the completion of <br />the remaining reclamation and maintenance requirements of the Site as <br />contemplated in the Agreement as modified by the May 10, 1993 Modification. Any <br />of the earmarked funds contemplated in the May 10 Modification shall be utilized <br />and returned in accordance with the terms of that document. Any funds remaining <br />in the reclamation account which are not utilized by the Division during the liability <br />period shall be returned to Rockcastle in accordance with the procedures set forth <br />in Rule 3.04.2 (4). <br />4. Given that Rockcastle has fully completed its obligations under the Agreement and <br />has paid the $1800 civil penalty for NOV C-90-007, it has completed all acts <br />necessary to fully abate and terminate all then existing or future liability under NOV <br />C-89-034 and NOV C-90-007 and such NOV's are hereby deemed to be abated and <br />terminated as contemplated under Section VIII.1 of the Agreement. <br />5. The liability limitation provisions set forth in Section VIII.2 and VIII.S of the <br />Agreement are deemed to be fully effective. <br />THIS ADDENDUM to Agreement is effective as o e / , 1993. <br />(.C./~-C--eC~ <br />The ockcastle Comp y <br />Colorado Divis n of Mi erals ology <br />2 <br />