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<br /> <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br /> 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567 <br /> <br /> <br /> <br /> <br /> COAL <br /> SELF-BONDING INDEMNITY AGREEMENT <br /> <br /> <br /> <br />Self-Bond No. ____________________________ <br />Permit No. ______________________________ <br /> <br />THIS AGREEMENT OF INDEMNITY IS by and between the State of Colorado ("the State"), as <br />indemnitee, and , <br />as indemnitor, (hereinafter referred to as the "Operator") duly authorized to do business in the State of <br />Colorado. <br /> <br />WHEREAS, the Operator has filed with the State an Application to Self-Bond in compliance with the <br />Colorado Surface Coal Mining Reclamation Act, 34-33-101 et seq., C.R.S. 1973 As Amended (hereinafter <br />referred to as the "Act") and the rules and regulations promulgated thereunder, in connection with Permit <br />No. (Permit); <br /> <br />WHEREAS, the Operator has satisfied the self-bonding requirements and criteria set by the Colorado Mined <br />Land Reclamation Board ("Board") and the Colorado Division of Minerals and Geology ("Division"); <br /> <br />WHEREAS, the Operator desires to indemnify the State from all loss and costs associated with its <br />Self-Bond No. (Self-Bond); <br /> <br />WHEREAS, the Operator has the full authority under the laws of the State of , under <br />which it is incorporated, its articles of incorporation and bylaws to enter into this Indemnity Agreement; <br /> <br />WHEREAS, the Operator has full approval from its Board(s) of Directors to enter into this Indemnity <br />Agreement; <br /> <br />WHEREAS, it is in the best interests of the Operator, in the legitimate furtherance of it purposes and <br />business, to enter into this Indemnity Agreement; <br /> <br />WHEREAS, the Board or the Division, has the legal authority to administer the bonding requirements for <br />coal mine operations in the State of Colorado; <br /> <br /> -2- <br /> <br />NOW THEREFORE, effective upon the execution of this agreement by all parties, for value received, and in <br />consideration of the approval and execution of this self-bond, it is agreed by and between the Operator, and <br />the State as follows: