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4 - <br /> 2. The Operator is in default under its Performance Warranty,and such default has not been <br /> cured, although written notice and ample time to cure such default has been given; or <br /> 3. The Operator has failed to maintain its Financial Warranty in good standing as required by <br /> the Act; or <br /> 4. The Financial Warrantor no longer.has the financial ability to carry out its obligations in <br /> accordance with the Act. <br /> The description of lands herein is for convenience of reference-only,and no error in such description,nor any <br /> revision of the permitted mining area, nor the disturbance by the Operator of lands outside of the permitted <br /> mining area shall alter or diminish the obligations of the Warrantor and/or the Operator hereunder,which shall' <br /> extend to the reclamation of all such lands disturbed. <br /> If this Financial Warranty applies to National Forest System lands,and if this Financial Warranty is accepted <br /> by the United States•Forest Service("U.S.F.S.")as the bond required under 36 C.F.R. 228.13,then-the Operator, - <br /> having requested that the Board and the U.S.F.S. accept this single Financial Warranty in lieu of the separate <br /> bonds which would otherwise be required by applicable law, hereby agrees that, notwithstanding any other <br /> provision hereof,or of law,this Financial Warranty shall remain in full force and effeci until U.S.F.S.has advised <br /> the Board by written notice that the Operator's obligations to U.S.F.S.,for which this Warranty is executed,have <br /> been satisfied,and until the financial warranty has been released by the Board.. <br /> ` If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners <br /> -("Land Board"),and if this Financial Warranty,in whole or in part,is accepted by the Land Board as the bond <br /> required under its applicable law and procedures,then the Operator,having requested that the Board accept this <br /> Financial Warranty in lieu of the separate bonds which would otherwise be required by the Colorado Mined Land <br /> Reclamation Board or Division of Reclamation,Mining and Safety and by the Land Board,hereby agrees that, <br /> notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and <br /> effect until the Board is notified in writing by the Land Board that the Operator's obligations to the Land Board, <br /> for which this Warranty is-executed,have been satisfied,and until the financial warranty has been released by the <br /> Board. <br /> If all or any part of the-Affected Lands are'under the jurisdiction of the Bureau of Land Management,United <br /> States Department of the Interior(the"BLM"),and.if at the request of the Operator on this Fitiancial Warranty <br /> the BLM has,pursuant to 43 C.F.R.. 3909.I-9, accepted this Financial Warranty in lieu of requiring a separate <br /> reclamation bond payable to the Untied States, then, notwithstanding any other provision of this Financial <br /> Warranty,or of law,the Operator hereby agrees that this Financial Warranty shall not be released until the Board <br /> is advised in writing by the BLM that the Operator's obligations to the BLM,for which•this warranty is executed, <br /> have been satisfied,and until the financial warranty has been released by the Board. <br />