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WHEREAS, the Operator hereby gives the Board this per rmance warranty pursuant to <br />C.R.S. §§ 34-32-117(2) or 34-32.5-117(2), and herein promises a Board that it will comply <br />with all applicable requirements of the Hardrock or Construction aerials Act. <br />NOW, THEREFORE, The Operator hereby promises the and that it will comply with <br />all applicable requirements of the Hard Rock or Construction Ma als Act and applicable rules <br />and regulations of the Board. <br />The Operator hereby promises the Board that it will com 1 with all of the terms of the <br />application for a permit, as amended and supplemented, as well a y conditions attached to the <br />permit by the Board. <br />The Operator promises the Board, pursuant to C. S. §§ 34-32-112(1)(d) or <br />34-32.5-112(1)(b)(IV), that it has the lawful authority to enter upon the Affected Lands to <br />conduct mining operations, including, but not limited to, reclamation. The Operator further <br />recognizes the right of the Board to enter to reclaim lands affected by the Operation. <br />The description of lands herein is for convenience of reference only, and no error in such <br />description, revision of the permitted mining area, or disturbance by the Operator of lands <br />outside of the permitted mining area shall alter or diminish the rator's obligation hereunder, <br />which shall extend to the reclamation of all such lands disturbed. <br />The obligation of the Operator hereunder is such that, if <br />comply with the requirements of the Hardrock or Construction <br />and regulations, and the permit, then the Board, upon a fin( <br />complied, shall release this performance warranty, and the <br />hereunder. The obligation of the Operator hereunder shall contij <br />in accordance with applicable law. <br />The Operator promises to be responsible for the cost of <br />established by the Board and has attached hereto its financial <br />C.R.S. §§ 34-32-117(3) or 34-32.5-117(3). The Operator agrees <br />warranty (or warranties) covering the Board's estimated costs ol <br />for the entire life of the permit. If the Operator is a unit of Couni <br />is a department or division of State government, the Operator is <br />any other instrument of financial responsibility but hereby promis{ <br />of reclamation up to the amount specified by the Board. <br />If the Board determines that the Operator is in default <br />and has failed to cure such default, although written notice of <br />cure such default have been given, the Operator's financial warra <br />Operator shall successfully <br />:erials Act, applicable rules <br />that the Operator has so <br />erator from its obligation <br />until released by the Board <br />amation up to the amount <br />ranty, in accordance with <br />it will maintain a financial <br />lamation in good standing <br />Municipal government, or <br />required to submit or post <br />be responsible for the cost <br />,r this performance warranty <br />h default and ample time to <br />shall be subject to forfeiture. <br />This performance warranty may be executed in multiple pies, each of which shall be <br />treated as an original, but together they constitute only one greement, the validity and <br />interpretation of which shall be governed by the laws of the State f Colorado. The provisions <br />hereof shall bind and inure to the benefit of the parties hereto and it successors and assigns. <br />-12- <br />