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The Operator hereby promises the Board it will comply with all of the terms of the reclamation <br /> Permit, including any Permit Amendment(s) approved by the Division. This performance warranty <br /> obligation of the Operator shall continue until the Operator's liability is released by the Board. <br /> 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. <br /> 34-32-118/34-32.5-118. <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 provisions 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 , 20 <br /> Operator: <br /> Signature: <br /> Name: <br /> Title: <br /> NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT <br /> STATE OF ) <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 /> (Name) (Title) <br /> of <br /> (Operator) <br /> NOTARY PUBLIC <br /> My Commission expires: <br /> APPROVED: <br /> Page 2 of 3 <br />