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The Operator promises to be responsible for reclamation costs up to the amount established by <br />the Board and incorporates its financial warranty to this performance warranty. The Operator agrees to <br />maintain a financial warranty (or warranties) in good standing for the reclamation costs for the entire life <br />of the Permit. The amount of the financial warranty shall be sufficient to assure the completion of <br />reclamation of affected lands if the Division has to complete such reclamation due to forfeiture. If the <br />Board determines the Operator is in default under this performance warranty and the Operator fails to <br />cure such default, the Operator's financial warranty shall be subject to forfeiture pursuant to C.R.S. 34-32- <br />118-34-32.5-118. <br />4-32- <br />118- 34-32.5-118. <br />This performance warranty by the Operator is perpetual and shall remain in full force and effect <br />until all obligations have been met and all associated financial warranty is released by the Board. Any <br />release of liability in a succession of Operators shall comply with C.R.S. 34-32-119-34-32.5-119. <br />The proaisions hereof shall bind and inure to the benefit of the parties hereto and their successors <br />and assigns. <br />SIGNED, SEALED AND DATED this day of 120 <br />Operator: <br />Signature: <br />Name: <br />Title: <br />NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT <br />STATE OF j <br />ss. <br />COUNTY OF ) <br />The foregoing instrument was acknowledged before me this day of <br />20 <br />(Day) (Month) (Year) <br />by as <br />(Narne) (Tide) - <br />of <br />( Operator) <br />NOTARY PUBLIC <br />My Commission expires: <br />APPROVED: <br />State of Colorado <br />Mined Land Reclamation Board <br />Division of Reclamation, Mining and Safety <br />By: Date: <br />Division Director <br />Page 2 of 2 <br />