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Mr. Fred R. Banta February 5, 1988 Page 6 DRAFT 9. Ten-Year Liability. The Company recognizes that reclamation liability will commence after the backfilling and seeding for the period necessary to successfully revegetate the disturbed area. This liability will include revegetation monitoring and other site maintenance. The Company proposes to recalculate the reclamation bond to reflect a reduction in liability in accordance with CMLRD regulations after the site is reclaimed pursuant to this Agreement. Funds from the certificates of deposit remaining after reclamation pursuant to this Agreement will be left in place to secure the estimated future liability. If bond liability is less than the available funds, the excess will be returned to the Company by CMLRD after the appropriate bond release request is made by the Company. 10. Release of Liability. Upon successful revegetation of the mine and the successful completion of the terms of the permit, the CMLRD will release the Company, its successors and assigns from further liability in accordance with state law. In the event that the Company is converted from Chapter 11 to Chapter 7 of the federal Bankruptcy Code and the Company corporate status is dissolved or the Company has insufficient resources to continue environmental `1 ~ monitoring prior to the ten-year revegetation period, CLMRD agrees to release the Company, the --~~bankruptcy estate, officers, employees and agents from further liability if the Company has performed in good faith under the terms and conditions of this Agreement. 11. Bankruptcy Status. The parties acknowledge that the Company is subject to the jurisdiction of the U. S. Bankruptcy Court and accordingly, any rights, obligations or claims which may now or may hereafter exist with respect to the Company under the federal Bankruptcy Code shall not be prejudiced or removed, expressly or implied, by the terms of or performance under this Agreement.