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1 <br /> Agreement to Conduct Permitting by Electronic Means <br /> Division of Reclamation Mining and Safety- Attn. Minerals Program ePermit Requests - 1313 Sherman <br /> St., Rm. 215-Denver, CO 80203. Your request will not become effective until the Division has received <br /> it and has had sufficient time to act upon it (up to two (2)business days from receipt). Requests for paper <br /> records or to opt out of ePermit must be in writing, signed, and sent separate from other correspondence. <br /> Electronic Signature. If you opt in to ePermit, you will be issued a unique ePermit Number. Use of that <br /> ePermit Number, and the corresponding use of a key pad, mouse or other device while using ePermit <br /> constitutes a legally binding electronic signature, as defined by C.R.S. §24-71.3-102(8),which shall have <br /> the same legal force and effect as if actually signed by your hand in writing. By opting in to ePermit, you <br /> agree that no certification of authority or other third party verification is necessary to the validity of your <br /> electronic signature; and that the lack of such certification or third party verification will not in any way <br /> affect the enforceability of your signature on any e-records. You further agree and acknowledge that it is <br /> your sole responsibility to secure access to your ePermit Number. <br /> Agreement.By your authorized signature below, you opt in to ePermit, and consent that the Division may <br /> send any and all correspondence, notices, documents and information to you electronically, via ePermit, <br /> in all matters related to annual reports and fees for your Permit(s) and/or NOI(s) listed in this agreement, <br /> unless otherwise specifically provided by law. You further consent that you will use ePermit to send any <br /> and all correspondence,notices, documents and information to the Division in all matters related to annual <br /> reports and fees for your Permit(s) and/or NOI(s).You understand that e-records have the same legal force <br /> and effect as paper documents. The Division reserves the right to send any or all e-records to you in paper <br /> form to your current mailing address on file at its sole discretion. Your agreement to opt in to ePermit <br /> represents a single legal transaction as that term is used in C.R.S. § 24-71.3-105. <br /> Your agreement to opt into ePermit will become effective immediately upon the Division's receipt of this <br /> signed Agreement and means that you will no longer receive paper documents from the Division <br /> pertaining annual reports and fees for your Permit(s) and/or NOI(s). This Agreement, including the <br /> validity of any signatures or consents, any claims, or any disputes arising hereunder shall be construed in <br /> accordance with and governed by the Laws of the State of Colorado. <br /> This signature on this Agreement must be notarized, and if the signature is that of a company, <br /> corporation, partnership, or governmental agency representative, it must be accompanied by <br /> a) the attached notarized affidavit of signing authority of the individual for that entity, or <br /> b) a resolution of the decision-making body of your company that authorizes an individual to <br /> sign the ePermitting Agreement on the company's behalf. <br /> *(7)"Electronic record"means a record created,generated,sent,communicated,received,or stored by electronic means. <br /> Page 2 of 6 <br />