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cancellation date and then only upon acceptance of the cancellation by the Board or <br />the Division. The cancellation shall be accepted by the Board and the Division if the <br />Operator obtains a suitable replacement bond before the proposed cancellation date <br />and then only if the lands for which the SelfBond, or portion thereof, was accepted <br />have not and will not be disturbed under the terms of the Permit, or the SelfBond has <br />been released in accordance with the provisions of the Act and the rules and <br />regulations promulgated thereunder. <br />VI. This Guarantee shall be and continue effective notwithstanding any present or future legal <br />disability of the Operator. <br />VII. There are no conditions or limitations to this Guarantee except those contained herein at the date <br />hereof, and thereafter no alteration, change or modification hereof shall be binding or effective <br />unless executed in writing, signed by the Guarantor, and approved by the Board or the Division. <br />VIII. Guarantor agrees to pay all costs and expenses incurred by the State which are expended in any <br />successful action instituted to enforce the terms of this Guarantee. <br />IX. This Guarantee shall be good and effective notwithstanding any change or changes in the <br />business name of the Operator. <br />X. No changes, revisions, modifications or renewals to the SelfBond of the Operator or the terms of <br />the Permit shall act as a release of the Guarantor from this Guarantee. <br />XI. All notices required to, or which may be given shall be effective when received by the <br />addressees at the addresses specified below: <br />1. For the Guarantor: <br />2. For OSMRE: <br />State of Colorado <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Personal delivery shall have the same effect as notice given by mail. Notices given by mail <br />shall be sent certified. <br />-5- <br />