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E <br />WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section <br />34-32- 117(2) or Section 34- 32.5- 117(2) of the Act, and herein promises the Board that it will comply <br />with all applicable requirements of the Act with regard to those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all <br />applicable requirements of the Act and rules and regulations of the Board with respect to the Affected <br />Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of <br />the application for a permit, as amended and supplemented, as well as any conditions attached to the <br />permit by the Board. <br />FURTHER, the Operator promises the Board, pursuant to 34- 32- 112(2)(d) or <br />34- 32.5- 112(1)(c)(iv) of the Act, that it has the lawful authority to enter upon the Affected Lands to <br />conduct mining operations, including, but not limited to, reclamation. The Operator further recognizes <br />the right of the Board to enter to reclaim lands affected by the operation. <br />The description of lands herein is for convenience of reference only, and no error in such <br />description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands <br />outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which <br />shall extend to the reclamation of all such lands disturbed. <br />The obligation of the Operator hereunder is such that, if the Operator shall successfully comply <br />with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a <br />finding that the Operator has so complied, shall release this performance warranty, and the Operator from <br />its obligation hereunder, to the extent that the Board determines that such compliance has been <br />accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part <br />by the Board in accordance with applicable law. <br />In further satisfaction of the requirements of the Act, the Operator promises to be responsible for <br />the cost of reclamation up to the amount established by the Board and has attached hereto its financial <br />warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial <br />warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the <br />permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the <br />Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator <br />that submits proof, acceptable to the Board or Division of Reclamation, Mining and Safety, that an <br />Applicant or Operator is a unit of County or Municipal government, or is a department or division of <br />State government, the Applicant or Operator is not required to submit or post any other instrument of <br />financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount <br />specified by the Board. <br />If the Board determines that the Operator is in default under this performance warranty and has <br />failed to cure such default, although written notice of such default and ample time to cure such default <br />have been given, the Operator's financial warranty shall be subject to forfeiture. - <br />This performance warranty may be executed in multiple copies, each of which shall be treated as <br />an original, but together they constitute only one agreement, the validity and interpretation of which shall <br />be governed by the laws of the State of Colorado. <br />