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the entire 5125,320 s~l be due and payable and the wa~er shall apply, provided <br />that the amount due and payable under this waiver shall be reduced by the amount <br />of any bond release granted pursuant to § V of this Agreement. <br />/5. Except as expressly modified herein, nothing in this Agreement shall <br />be construed to modify or limit any liability existing under State or Federal <br />law. Nothing in this Agreement shall be construed to prevent the Division from <br />seeking additional reclamation funds pursuant to the Act and the Rules and <br />Regulations promulgated thereunder in the event the actual reclamation costs <br />following bond forfeiture exceed the 550,000 forfeited pursuant to this <br />Agreement. <br />IX. MODIFICATION OF AGREEMENT -- The terms and conditions of this Agreement <br />may be modified by the written consent of the Division and Rockcastle. <br />Rockcastle and the Division agree to exert their respective best efforts to <br />• Cooperate and promptly resolve any issues which require modification hereunder. <br />X. DISPUTE RESOLUTION -- Rockcastle and the Division agree to exert their <br />respective best efforts to cooperate and promptly resolve any issues which <br />require resolution hereunder. If the parties are unable to resolve any issue, <br />the matter shall be scheduled for consideration by the Colorado Mined Lartd <br />Reclamation Board (the "Board") or its authorized delegate within 10 days of a <br />request for Board review by either party. The parties agree to comply with the <br />decision of the Board unless a party requests judicial review of the Board <br />decision pursuant to § 34-33-128, C.R.S. <br />-12- <br /> <br />