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<br />-2- <br />operation. <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 Warrantor of lands outside <br />of the permitted mining area, its agents, contractors, and subcontractors shall alter or diminish the Permittee's <br />obligation hereunder, which shall extend to the reclamation of all such lands disturbed. <br />The obligation of the Permittee hereunder is such that, if the Permittee shall successfully comply <br />with the requirements of the Act, applicable Hiles and regulations, and the permit, then the Board, upon a finding <br />that the Permittee has so complied, shall release this performance warranty, and the Permittee from its obligation <br />hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation <br />of the Permittee hereutder shall continue until released in whole or in part by the Board in accordance with <br />applicable law. <br />In further satisfaction of the requirements of the Act, the Permittee has attached hereto its financial <br />warranty, which may be amended from time to time. The Permittee agrees that it will maintain a financial <br />warranty (or warranties) for the estimated costs of reclamation in good standing for the entire Gfe of the permit. <br />If the Board determines that the Permittee is in default under this performance warranty and has <br />failed to cure such default, although written notice of such default and ample time to cure such default have been <br />given, the Permittee's financial warranty shall be subject to forfeiture. In addition, the permit to extract <br />constrnction material may be revoked. <br />This performance warranty may be executed in multiple copies, each of which shall be treated as <br />an original, but together they consdmte only oce agreement, the validity and interpretation of which shall be <br />governed by dte laws of the State of Colorado. <br />and assigns. <br />The provisions hereof shall bind and inure to the becefit of the parties hereto and their successors <br />SIGNED, SEALED AND DATED, this _ day of , <br />Rowe Gravel (SEAL) <br />Permittee <br />By <br />Title: <br />NOTE: Notarization must also be completed on following page. <br />