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<br />ROCKCASTLE/CMLRD DRAFT AGREEMENT <br />PMH&S DRAFT 6/6/90 <br />1. The Division and Rockcastle agree that completion of <br />reclamation activities required by this Agreement and payment of <br />the $1,800 civil penalty for NOV C-90-007 constitute all acts <br />necessary to fully abate and terminate all existing or future <br />liability under NOV C-89-034 and NOV C-90-007. <br />2. Upon bond forfeiture pursuant to $ VII of this Agreement, <br />Rockcastle shall no longer be subject to civil or criminal <br />penalties pursuant to $ 34-33-123 C.R.S. for events occurring at <br />the Grassy Gap Mine site following the forfeiture. <br />3. The Division and Rockcastle agree that Rockcastle and its <br />directors, officers, agents, contractors and subcontractors shall <br />have no further liability for reclamation activities for which <br />Rockcastle has received bond release pursuant to $ V of this <br />Agreement. <br />IX. MODIFICATION OF AGREEMENT -- The terms and conditions of this <br />Agreement may be modified by the written consent of the Division <br />and Rockcastle. Rockcastle and the Division agree to exert their <br />respective best efforts to cooperate and promptly resolve any <br />issues which require modification hereunder. <br />11 <br />