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------------ -- <br /> WHEREAS, the Operator hereby gives the Board this performance warranty pursuant to <br /> C.R.S. §„§ 34-32-1 17(2) or 34-32.5-1 17(2), and herein promises the Board that it will comply <br /> with all applicable requirements of the Hardroek or Construction Materials Act. <br /> _ .._. NOW. THEREFORE. The Operator hereby promises the Board that it will comply with <br /> all applicable requirements of the Hard Rock or Construction Materials Act and applicable rules <br /> and regulations of the Board. <br /> The Operator hereby promises the Board that it will comply with all of the tents 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 /> "fhe Operator promises the Board, pursuant to C.R.S. §§ 34-32-112( )(d) or <br /> 312(1)(b)(1V), that it has the lawful authority to enter upon the A-Tected Lands to <br /> conduct raining operations, including_ but not limited to, reclamation. The Operator- further <br /> iecogniies 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 errcx in such <br /> description, revision of the permitted mining area, or disturbance by the Cperator of lands <br /> outside of the permitted mining area shall alter or diminish the Operator'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 the Operator shall suczessfully <br /> comply with the requirements of the Hardroek or Construction Materials Act. applicable rules <br /> and regulations, and the permit, then the Board, upon a finding that the Operato- has so <br /> complied, shall release this performance warranty, and the Operator from its obligation <br /> hereunder. The obligation of the Operator hereunder shall continue until relea.ied by the Board <br /> in accordance with applicable. law. <br /> "file Operator promises to be responsible for the cost of reclamation up to tht amount <br /> established by the Board and has attached hereto its financial warranty, in accordaice with <br /> C.R.S. §§ 34-32-1 17(3) or 34-32.5-1 17(3). The Operator agrees that it will maintain a financial <br /> warranty (or warranties) covering the Board's estimated costs of`reclamation in good standing <br /> for the entire life of the pen-nit. If the Operator is a unit of County or Municipal goverr.ment, or <br /> is a department or division of State government, the Operator is not required :o submit or post <br /> any other instrument of financial responsibility but hereby promises to be responsible fa the cost <br /> of reclamation up to the amount specified by the Board. <br /> If the Board determines that the Operator is in default under this performance warranty <br /> tang has-failed to cure such default, although written notice of such default and ample time to <br /> t tit sk+default have been given.the Operator's financial warranty shall be sutject to forfeiture. <br /> This performance warranty may be executed in multiple copies, each of which shall be <br /> treated as an original, but together they constitute only one agreement, the validity and <br /> interpretation of which shall be governed by the laws of the State of Colorado. The p-ovisions <br /> hereof shall bind and inure to the benefit of the parties hereto and their successo,-s and aFsigns. <br /> - 12 - <br />