_ENFORCEMENT - C1981017 ‎(14)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ Violation
• Media Type: D
• Archive: No

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(9) In the event the surety becomes unable to fulfill its obligations
under the bond for
any
Principalrandetheotice Divisj�nll be mailed immediately, by
Gertified Mail ,
(10) The State may make demand upon the surety for payment hereunder
If the Board or the Division determines, and the OSMRE concurs, that
reclamation which ought to have been performed pursuant to the Plan by the
Principal , or its successors or assigns , remains unperformed, and if surety
forfeiture procedures required by law have been initiated. No other condition
precedent need be fulfilled to entitle the State to receive the amount so
demanded. However, if, upon completion of reclamation, the amounts expended
for reclamation shall be less than the amount received from the surety, the
excess shall be promptly refunded to the surety.
(11 ) If demand is made upon the surety for payment of an amount due
to the State 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 final judgment of court, that the amount demanded was properly payable,
surety agrees to pay to the State, in addition to the amount demanded,
Interest at the prime rate in effect from time to time 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.
(12) If the State shall notify the surety that the Principal is in
default and if the State shall initiate any bond forfeiture procedures
required by law or regulation, the surety may, in lieu of making payment to
the State of the amount due hereunder, cause the reclamation to be timely
performed in accordance with the Plan. In such event, when and if the
reclamation has been timely performed to the satisfaction of the Board or
Division and the OSMRE, this bond shall be released. If the reclamation shall
not be so performed to the satisfaction of the Board or Division and the
OSMRE, this bond shall remain in full force and effect.
(13) (a) If this bond applies to National
Forest System lands, and if this bond is accepted by the United States Forest
Service ("U.S.F.S.") as the bond required under 36 C.F.R. 252.13, then the
Principal and the surety, having requested that the State and the U.S.F.S.
accept this single bond in lieu of the separate bonds which would otherwise be
required by applicable law, hereby agree that. notwithstanding any other
provisions hereof, or of law, this bond shall remain in full force and effect
until U.S.F.S. has advised the State that the reclamation work has been
satisfactorily completed in accordance with the requirements of applicable
Federal law and regulations. _
(b) If this bond applies to lands
under the jurisdiction of the State Board of Land Commissioners ("Land
Board") , and if this bond, in whole or in part, is accepted by the Land Board r
as the bond required under its applicable law and procedures, then the
Principal and the surety, having requested that the State accept this single
bond in lieu of the separate bonds which would otherwise be required by the
Colorado Mined Land Reclamation Board or Division and by the Land Board,
hereby agree that, notwithstanding any other provision hereof, or of law, this
bond shall remain in full force and effect until released by the Land Board.