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X. DISPUTE RESOLUTION -- Rockcastle and the Division agree to exert <br />their respective best efforts to cooperate and promptly resolve any issues <br />which require resolution hereunder. If the parties are unable to resolve any <br />issues, the matter shall be scheduled for consideration by the Board upon 10 <br />days notice. The parties agree to comply with the decision of the Board. <br />XI. CONSENT TO JUDGEMENT -- In the event that Rockcastle fails to <br />return the requisite number of cubic yards of material to Pit 4 as provided in <br />§ V. (3) by September 1, 1990 this Agreement shall be null and void and <br />Rockcastle hereby waives any and all defenses it may have to an action to <br />recover the additional bond in the amount of $125,320 as ordered by the Board. <br />XII. SEVEREABILITY -- If any part of this agreement is found to be void, <br />unenforceable or otherwise ineffective, the entire agreement shall be deemed <br />void ab initio. <br />XIII. EFFECTIVE DATE -- This Agreement is effective as of June 1990. <br />