Laserfiche WebLink
of the bond, Rockcastle and persons who own or control Rockcastle will be entered <br />• <br />L~~ro . <br />in the Applicant Violator System. <br />VIII. LIMITATION OF LIABILITY -- <br />1. _ The Division and Rockcastle agree that completion of reclamation <br />activities required by this Agreement and payment of the 51,800 civil penalty <br />for NOY C-90-007 constitute all acts necessary to fully abate and terminate all <br />existing or future liability under NOV C-89-034 and NOV C-90-007. <br />,/2. Upon bond forfeiture pursuant to § VII of this Agreement, Rockcastle, <br /> <br />its directors, officers, agents, contractors and sub-contractors shall no longer <br />be subject to civil or criminal penalties pursuant to § 34-33-123 C.R.S. <br />;~3. In the event Rockcastle fails to diligently perform its obligations <br />under this Agreement, the Division may enforce the terms of NOV-90-007, NOV C- <br />89-034 and the Board Order of December 14, 1989. <br />4. The terms of this Agreement are such that Rockcastle has agreed to <br />reduce the volume of Pit 4 by 150,988 bank cubic yards in lieu of submitting <br />the additional bond ordered by the Board. Rockcastle hereby waives any and all <br />defenses it may have to an action to enforce that portion of the Board's Order <br />t <br />which orders Rockcastle to submit additional bond of 5125,320. However, the <br />Division may only commence such an action if Rockcastle fails to reduce the <br />volume of Pit 4 by 150,988 bank cubic yards. In the event of such action, if <br />Rockcastle has reduced the volume of Pit 4 by less than 150,988 bank cubic yards, <br />-11- <br />LJ <br />