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-4- <br />(11) If demand is made upon the surety for payment of an amount due <br />to the State hereunder, and if the surety fails to make payment of such amount <br />within ninety (90) days after the date of receipt of such demand by the <br />surety, and if it should thereafter be determined, by agreement of the surety <br />or by final judgment of court, that the amount demanded was properly payable, <br />surety agrees to pay to the State, in addition to the amount demanded, <br />interest at the prime rate in effect from time to time at The First National <br />Bank of Denver for the period commencing at the end of such ninety-day period <br />and ending on the date of actual payment. <br />(12) If the State shall notify the surety that the Principal is in <br />default and if the State shall initiate any bond forfeiture procedures <br />required by law or regulation, the surety may, in lieu of making payment to <br />the State of the amount due hereunder, cause the reclamation to be timely <br />performed in accordance with the Plan. In such event, when and if the <br />reclamation has been timely performed to the satisfaction of the Board or <br />Division, this bond shall be released. If the reclamation shall not be so <br />performed to the satisfaction of the Board or Division, this bond shall remain <br />in full force and effect. <br />(13) (a) If this bond applies to National Forest System lands, and <br />if this bond is accepted by the United States Forest Service ("U.S.F.S.") as <br />the bond required under 36 C.F.R. 252.13, then the Principal and the surety, <br />having requested that the State and the U.S.F.S. accept this single bond in <br />lieu of the separate bonds which would otherwise be required by applicable <br />law, hereby agree that, notwithstanding any other provisions hereof, or of <br />law, this bond shall remain in full force and effect until U.S.F.S. has <br />advised the State that the reclamation work has been satisfactorily completed <br />in accordance with the requirements of applicable Federal law and regulations. <br />(b) If this bond applies to lands under the jurisdiction of the <br />State Board of Land Commissioners ("Land Board"), and if this bond, in whole <br />or in part, is accepted by the Land Board as the bond required under its <br />applicable law and procedures, then the Principal and the surety, having <br />requested that the State accept this single bond in lieu of the separate bonds <br />which would otherwise be required by the Colorado Mined Land Reclamation Board <br />or Division and by the Land Board, hereby agree that, notwithstanding any <br />other provision hereof, or of law, this bond shall remain in full force and <br />effect until released by the Land Board. <br />(c) If all or any part of the lands subject to this bond are <br />under the jurisdiction of the Bureau of Land Management, United States <br />Department of the Interior ("the BLM"), and it, at the request of the <br />Principal on this bond, the BLM has, pursuant to 43 C.F.R. 3809.1-9, accepted <br />this bond in lieu of requiring a separate reclamation bond payable to the <br />United States, then, notwithstanding any other provision of this bond, or of <br />law, the Principal and the surety hereby agree that this bond shall not be <br />released until the State is advised in writing by the BLM that all reclamation <br />requirements of Federal law and regulations have been fulfilled as to such <br />lands. <br />