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<br /> If this financial warranty applies to National Forest System lands, and if this financial warranty is accepted by
<br /> the United States Forest Service("U.S.F.S.")as the bond required under 36 C.F.R. 228.13, then the Prospector, having
<br /> requested that the Board and the U.S.F.S. accept this single financial warranty in lieu of the separate bonds which
<br /> would otherwise be required by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of
<br /> law, this financial warranty shall remain in full force and effect until U.S.F.S. has advised the Board by written notice
<br /> that the Prospector's obligations to U.S.F.S., for which this warranty is executed, have been satisfied, and until the
<br /> 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 Land Board as
<br /> the bond required under its applicable law and procedures,then the Prospector, having requested that the State accept
<br /> this financial warranty in lieu of the separate bonds which would otherwise be required by the Board or Division of
<br /> Reclamation, Mining and Safety and by the Land Board, hereby agrees that, notwithstanding any other provision
<br /> hereof, or of law, this financial warranty shall remain in full force and effect until the Board is notified in writing by
<br /> the Land Board that the Prospector's obligations to the Land Board, for which this warranty is executed, have been
<br /> 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 Management, United
<br /> States Department of the Interior (the "BLM"), and if, at the request of the Prospector on this financial warranty, the
<br /> BLM has, pursuant to 43 C.F.R., 3809.570, accepted this financial warranty then, notwithstanding any other provision
<br /> of this financial warranty, or of law, the Prospector hereby agrees that this financial warranty shall not be released
<br /> until the Board is advised in writing by the BLM that the Prospector's obligations to the BLM, for which this warranty
<br /> is executed, have been satisfied, and until the financial warranty has been released by the Board. The Prospector
<br /> agrees that this warranty shall also be redeemable by the Colorado State Director,U.S. Bureau of Land Management.
<br /> PROVIDED, however,the Surety shall not be liable under this financial warranty for an amount greater in the
<br /> aggregate than the sum designated in the first paragraph hereof, unless increased by a later amendment, and shall not
<br /> be liable as respects any obligation related to prospecting and reclamation operations performed after the effective date
<br /> of a cancellation of this financial warranty pursuant to the terms of Section 34-32.-117(5), C.R.S. , as amended. This
<br /> financial warranty shall remain in force and effect as respects all obligations for all prospecting and reclamation
<br /> operations performed prior to the effective date of such cancellation unless the Principal files a substitute financial
<br /> warranty which: 1) assumes liability for all obligations for all prospecting and reclamation operations performed
<br /> during the effective date of this financial warranty; and 2)is acceptable to the Board; or unless the Board otherwise
<br /> releases this surety.
<br /> The Surety reserves the right to cancel this financial warranty, effective only upon an anniversary date, and
<br /> only by giving written notice to that effect,mailed by Certified Mail, at least ninety(90)days prior to such anniversary
<br /> date, addressed to both the Prospector at its address herein stated, and to the Board at the address herein stated. In the
<br /> event of such cancellation, this financial warranty shall nevertheless remain in full force and effect as respects the
<br /> reclamation of all areas disturbed prior to the effective date of such cancellation, unless and until the Prospector shall
<br /> file a substitute financial warranty which: (1)assumes liability for all reclamation obligations which shall have arisen
<br /> at any time while this financial warranty is in force; and(2)is accepted in writing by the Board.
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