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Agreement to Conduct Peivnitting by Electronic Mears <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 tern 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 />