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1 <br /> WHEREAS, the Operator hereby gives the Board this perf nuance warranty pursuant to <br /> C.R.S. §§ 34-32-117(2) or 34-32.5-117(2), and herein promises t e Board that it will comply <br /> with all applicable requirements of the Hardrock or Construction M terials Act. <br /> NOW, THEREFORE, The Operator hereby promises the B and that it will comply with <br /> all applicable requirements of the Hard Rock or Construction Mate 'als Act and applicable rules <br /> and regulations of the Board. <br /> The Operator hereby promises the Board that it will compl with all of the terms of the <br /> application for a permit, as amended and supplemented, as well as any conditions attached to the <br /> permit by the Board. <br /> 4 <br /> The Operator promises the Board, pursuant to C.R.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, reclam#tion. 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 referen only, and no error in such <br /> description, revision of the permitted mining area, or disturbanc by the Operator of lands <br /> outside of the permitted mining area shall alter or diminish the Op tor'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 th Operator shall successfully <br /> comply with the requirements of the Hardrock or Construction M erials Act, applicable rules <br /> and regulations, and the permit, then the Board, upon a findin that the Operator has so <br /> complied, shall release this performance warranty, and the 0 erator from its obligation <br /> hereunder. The obligation of the Operator hereunder shall continue until released by the Board <br /> in accordance with applicable law. <br /> The Operator promises to be responsible for the cost of re lamation up to the amount <br /> established by the Board and has attached hereto its financial wanty, in accordance with <br /> C.R.S. §§ 34-32-117(3) or 34-32.5-117(3). The Operator agrees tha it will maintain a financial <br /> warranty (or warranties) covering the Board's estimated costs of r lamation in good standing <br /> for the entire life of the permit. If the Operator is a unit of County qr Municipal government, or <br /> is a department or division of State government, the Operator is no required to submit or post <br /> any other instrument of financial responsibility but hereby promises t be responsible for the cost <br /> of reclamation up to the amount specified by the Board. <br /> If the Board determines that the Operator is in default undethis performance warranty <br /> and has failed to cure such default, although written notice of suc default and ample time to <br /> cure such default have been given,the Operator's financial warranty all be subject to forfeiture. <br /> This performance warranty may be executed in multiple coies, each of which shall be <br /> treated as an original, but together they constitute only one a eement, the validity and <br /> interpretation of which shall be governed by the laws of the State o Colorado. The provisions <br /> hereof shall bind and inure to the benefit of the parties hereto and thei successors and assigns. <br /> - 12 <br />