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<br />ROCKCASTLE/CMLRD <br />DRAFT AGREEMENT <br />5/30/90 <br />4. The Division and Rockcastle agree that the retained bond <br />amount as set forth in paragraph VII constitutes a good faith <br />estimate of the reasonably foreseeable costs required for the <br />Division to ensure that the reclamation activities performed <br />hereunder meet the reclamation standards required by the Act. <br />5. The Division and Rockcastle acknowledge and agree that <br />unforseen environmental conditions could affect whether such <br />reclamation activities meet the standards required by the Act and <br />that the Division retains the responsibility to take such <br />reasonable measures to ensure compliance with such standards. in <br />the event of such unforseen conditions, the Division specifically <br />reserves its right under the Act to take such reasonable measures <br />as may be required to ensure compliance with the reclamation <br />standards required by the Act and to seek recovery of such costs <br />from Rockcastle only to the extent such costs exceed the retained <br />amount and such recovery is authorized by the Act. <br />X. MODIFICATION OF AGREEMENT -- The terms and conditions of <br />Paragraphs II, III and IV may be modified at the request of <br />Rockcastle to the extent necessary to accommodate unanticipated <br />conditions at the Grassy Gap Mine site. Rockcastle and the <br />Division agree to exert their respective best efforts to cooperate <br />and promptly resolve any issues which require modification <br />hereunder. <br />XI. SEVERABILITY -- If any part of this agreement is found to be <br />void, unenforceable or otherwise ineffective, the entire agreement <br />shall be deemed void ab initio. <br />-10- <br />