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<br />Division and hereby waives its right to appear before the Board <br />to contest such a forfeiture. <br />10. Nothing in this Agreement shall be construed so as to <br />prevent the Division from pursuing any other remedy available <br />under the law. The Division retains the right to hold the Com- <br />pany liable for reclamation costs in excess of any Forfeited <br />bond. <br />11. This Agreement may be modified only by a written <br />instrument signed by both parties. <br />12. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Colorado. <br />MINED LAND RECLAMATION DIVISION <br />.Z S/ By <br />Date FRE R. BA T <br />Director <br />AMERICAN SHIELD COAL COMPANY <br />By <br />Date <br />AG Alpha No. NR LR HXKM <br />AG File No. CNR8904559/1BD <br />-3- <br />