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VII. BOND FORFEITURE -- The bond release schedule set forth in this <br />agreement shall not reduce the bond held by the Division to below 550,000. <br />Upon completion of all reclamation activities required pursuant to this <br />Agreement, Rockcastle will voluntarily forfeit the remaining $50,000 of the <br />performance bond. The forfeited funds shall be available to the Division for <br />the completion of the remaining reclamation and maintenance requirements at <br />the site. The $50,000 is an estimate of the reclamation and maintenance costs <br />over the liability period. Bond forfeiture shall be conducted pursuant to <br />Rule 3.03.4. Following forfeiture of the bond Rockcastle and its officers, <br />owners, and controllers will be entered in the Applicant Violator System which <br />will preclude them from receiving coal mining permits in the future. <br />VIII. LIMITATION OF LIABILITY FOR CIVIL AND CRIMINAL PENALTIES -- <br />1. The Division and Rockcastle agree that completion of reclamation <br />activities required by this Agreement and payment of the civil penalty for <br />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 4 VII of this Agreement, <br />Rockcastle shall no longer be subject to civil or criminal penalties pursuant <br />to § 34-33-124 CRS for events occurring at the site following such forfeiture. <br />IX. MODIFICATION OF AGREEMENT -- The terms and Conditions of this <br />Agreement may be modified by the written consent of ML RD 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 />-10- <br />