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d. The parties agree that there are no new administrative <br />remedies or rights of discretionary review under 43 C.F.R_ § <br />4.1280, 43 C.F.R. § 4.1380, or 30 C.F.R. § 773.5 er seq <br />created by this Agreement. <br />If OSM determines that Pittston has a pattern of failing to comply in good <br />faith with the reclamation obligations specified in this Agreement, or fails <br />to timely pay any installment of the AML debt due hereunder, OSM may <br />use either of these failures as grounds for declaring breach of this <br />Agreement. If such failure(s) occurs, OSM may take advantage of any <br />and all remedies available to it under law necessary to securA complete <br />compliance with SMCRA_ <br />17. OSM recognizes that Pittston has performed an estimated <br />$300,000.00 in reclamation an the Glory Coal Co., Inc., sites in West <br />Virginia, pursuant to agreement with the West Virginia Division of <br />Environmental Protection, and has entered into an agreement with the <br />West Virginia Division of Environmental Protection to reclaim sites <br />formerly permitted by ZY Coal Co., Inc. and Careers, Inc., at an estimated <br />cost of S?.;535,000.00. Moreover, Pittston has entered into a settlement <br />t~greement with the State of West Virginia which requires Pittston to <br />perform remedial reclamation measures on Glory's Dola Mines. In <br />addition, as part of the consideration for the acceptance of this <br />-Page Number 16 - <br /> <br />