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4. The Warrantor no longer has the financial ability to carry out its obligations in <br /> 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 Operator <br /> and/or Warrantor hereunder, which shall extend to the reclamation of all such lands disturbed. <br /> If this Financial Warranty applies to National Forest System lands, and if this Financial <br /> Warranty is accepted by the United States Forest Service ("U.S.F.S.") as the bond required under 36 <br /> C.F.R. 228.13, 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 <br /> law, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial <br /> Warranty shall remain in full force and effect until U.S.F.S. has advised the Board by written notice <br /> that the Operator's obligations to U.S.F.S., for which this Warranty is executed, have been satisfied, <br /> and until 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 State 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 Reclamation, <br /> 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 <br /> notified in writing by the Land Board that the Operator's obligations to the Land Board, for which <br /> this Warranty is executed, have been satisfied, and until the financial warranty has been released by <br /> 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 United States,then, <br /> notwithstanding any other provision of this Financial Warranty,or of law,the Operator and Warrantor <br /> hereby agree that this Financial Warranty shall not be released until the Board is advised in writing by the <br /> BLM that the Operator's obligations to the BLM,for which this Warranty is executed,have been satisfied, <br /> and until the financial warranty has been released by the Board. <br /> This Financial Warranty may be executed in multiple copies,each of which shall be treated as an <br /> original,but together they constitute only one agreement,the validity and interpretation of which shall be <br /> governed by the laws of the State of Colorado. <br /> 4 <br />