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~H <br />• MODIFICATION TO AGREEMENT <br />Whereas, the Colorado Division of Minerals and Geology (formerly the Colorado Mined <br />Land Reclamation Division) entered into an Agreement between the Colorado Mined Land <br />Reclamation Division and The Rockcastle Company dated June 26,1990 ("the Agreement"); <br />and <br />Whereas, the Agreement contemplated that the Division would retain $50,000 ("the retained <br />amount") following the voluntary bond forfeiture and that such funds would be available to <br />the Division for the completion of reclamation and maintenance requirements at the Site; <br />and <br />Whereas, Rockcastle has proposed that the Agreement be modified to change the retained <br />amount to $25,000; and <br />Whereas, the Division has reviewed the proposal in light of the current reclamation <br />requirements at the site and has determined that $25,000 is an amount that reflects good <br />faith estimate of the reclamation and maintenance costs over the liability period following <br />the completion of the work contemplated by Rockcastle; <br />Now therefore, Rockcastle and the Division agree as follows: <br />• 1. The Agreement is hereby modified to reflect $25,000 as the retained amount <br />following voluntary bond forfeiture under the terms of the Agreement. Therefore the <br />reference to the retained amount in Paragraph V.2.a, Paragraph VS, Pazagraph VII, and <br />Paragraph VIII.S is modified to reflect a retained amount of $25,000. <br />effective as of August 26, 1992. <br /> <br />