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proceedings. The dem~ based upon an emergency condit~n or event shall constitute a modification of the License, and the Principal shall have the right to a prompt adjudicatory hearing in accordance with the Colorado Administrative Procedure pct and applicable regulations with respect to the determination of violation and determination of an emergency condition. (9) Any demand foc payment under this bond shall include a certification 6y the Department to the Principal and the .Surety that: (i) the Principal has failed to demonstrate or achieve compliance with the License pertaining to decommissioning, decontamination and reclamation; and (ii) the Principal has exhausted or has failed to exercise its right to review of the determination of a License violation. In the even[ the Department invokes the emergency provisions of paragraph 8 herein, the Department shall include with its demand a certification that an emergency condition or event exists which warrants .an immediate demand for payment under this bond and shall state therein with particularity the facts and circumstances which are asserted to require Che demand. The certification shall be executed by the Executive Director of the Department or its successor agency. (10) If demand is made upon the Surety for payment of an amount due to [he Department hereunder, and if the Surety fails to make payment of such amount within ninety (90) days after the date of receipt of such demand by the Surety, and if it should thereafter be determined, by agreement of the Surety or by judgment of court, that the amount demanded was properly payable, Surety agrees to pay to the Department, in addition to the amount demanded, interest at the prime rate in effect from time to tine at The First National Bank of Denver for the period commencing at the end of such ninety-day period and ending on the date of actual payment. -42-