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- 4 - <br /> f <br /> This Financial Warranty shall be subject to forfeiture whenever the Board determines that any one <br /> or more of the following circumstances exist: <br /> 1. A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has <br /> been violated, and the corrective action proposed in such Order has not been completed, although <br /> ample time to have done so has elapsed; or <br /> 2. The Operator is in default under its Performance Warranty, and such default has <br /> not been cured, although written notice and ample time to cure such default has been given; or <br /> t <br /> 3. The Operator has failed to maintain its Financial Warranty in good standing as <br /> required by the Act; or <br /> 4. The Financial Warrantor no longer has the financial ability to carry out its <br /> obligations in accordance with the Act. <br /> The description of lands herein is for convenience of reference only, and no error in such <br /> description, nor any revision of the permitted mining area, nor the disturbance by the Operator of <br /> lands outside of the permitted mining area shall alter or diminish the obligations of the Warrantor <br /> and/or the Operator hereunder, which shall extend to the reclamation of all such lands disturbed. <br /> if UIL3-VW4d1L 1a1 WCLIULMy applies LU INUU IILU rU�CJL SyJLUM IdIlUb, dud if Ulis F%namuu Watraniy <br /> is accepted by the United States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. <br /> 252.13, then the Operator, having requested that the Board and the U.S.F.S. accept this single <br /> Financial Warranty in lieu of the separate bonds which would otherwise be required by applicable law, <br /> hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty <br /> shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the <br /> Operator's obligations to U.S.F.S.,for which this Warranty is executed, have been satisfied, and until <br /> 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 <br /> Commissioners("Land Board"), and if this Financial Warranty, in whole or in part, is accepted by the <br /> Land Board as the bond required under its applicable law and procedures, then the Operator, having <br /> requested that the Board accept this Financial Warranty in lieu of the separate bonds which would <br /> otherwise be required by the Colorado Mined Land Reclamation Board or Division of Minerals and <br /> Geology and by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or <br /> of law, this Financial Warranty shall remain in full force and effect until the Board is notified in <br /> writing by the Land Board that the Operator's obligations to the Land Board, for which this Warranty <br /> is executed, have been satisfied, and until the financial warranty has been released by the Board. <br /> If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land <br /> Management, United States Department of the Interior (the "BLM"), and if at the request of the <br /> Operator on this Financial Warranty the BLM has, pursuant to 43 C.F.R 3809.1-9, accepted this <br /> Financial Warranty in lieu of requiring a separate reclamation bond payable to the Untied States, then, <br /> notwithstanding any other provision of this Financial Warranty, or of law, the Operator hereby agrees <br /> that this Financial Warranty shall not be released until the Board is advised in writing by the BLM that <br />