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XVI. This agreement, together with the application for self -bonding applicable to the Permit, contains <br />the entire agreement of the parties hereto with respect to indemnification. <br />XVII. If permitted under the laws of the State where the Operator's mine operation is located, this <br />indemnity agreement when under forfeiture shall operate as a judgment against those parties liable <br />under this indemnity agreement. <br />XVIII. If at any time during the period the self -bond is posted, the financial conditions of the Operator or <br />Corporate Guarantor change so that the financial criteria at Rule 3.02.4(2)(e) are not satisfied, the <br />Operator shall notify the Division immediately and shall within ninety (90) days post an alternate, <br />allowable form of bond in the same amount as the self -bond. <br />EXECUTION BY THE OPERATOR: <br />OPERATOR: Colowyo Coal Company L.P., a Delaware limited partnership <br />By: Axial Basin Coal Company, its General Partner <br />By: Western Fuels — Colorado, A Limited Liability Company, its sole shareholder <br />And <br />By: Taylor Creek Holding Company, its Limited Partner <br />By: Western Fuels — Colorado, A Limited Liability Company, its sole shareholder <br />BY: Q�'l�7TITLE: President <br />ck Finnerty <br />BY: TITLE: Chief Financial Officer <br />Patrickdges - n f .`�.�GPND RFC'. <br />ATTEST: (AFF pCfl M-fi/ <br />-w =v 0: <br />o_ <br />n 0•- <br />STATE OF: t),r a -a -o ftb <br />COUNTY OF: �'m 5 ) �������ii►�`�� <br />The fore oing instrument was acknowledged, subscribed and sworn to before me this <br />day of , 20 17 . <br />PENNY L MCLAUGHLIN <br />NOTARY PUBLIC <br />STAIE OF COLORADO (Notary P bllc) <br />NOTARY ID # 20024029454 <br />MV COMMISSION EXPIRES SEPTEMBER 11 2018 My Commission Expires: .J <br />CORPORATE ACKNOWLEDGMENTS: <br />Attached and incorporated herein as Exhibit A. <br />10 <br />