Laserfiche WebLink
,; <br /> <br />-~- <br />WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to <br />Section 34-32-117(2) or Section 34-~2.5-117(2) of the Act, and herein promises the Boazd that it <br />will comply with all applicable requirements of the Act with regard to those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all <br />apphcable requirements of the Act and rules and regulations of the Board with respect to the Affected <br />Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply with all of the terms <br />of the application for a permit, as amended and supplemented, as well as any conditions attached to <br />the permit by the Board. <br />FURTHER, the Operator promises the Board, pursuant to 34-32-112(2)(d) or <br />34-32.5-112(lxc)(iv) of the Act, that it has the lawful authority to enter upon the Affected Lands to <br />conduct mining operations, including, but not limited to, reclamation. The Operator further <br />recogrtizes 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 error in such <br />description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of <br />lands outside of the permitted mining area shall alter or diminish the Operator's obhgation 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 successfully <br />comply with the requirements of the Act, applicable rules and regulations, and the permit, then the <br />Board, upon a finding that the Operator has so complied, shall release this performance warranty, and <br />fire Operator from its obligation hereunder, to the extent that the Board determines that such <br />comphance has been accomplished. The obligation of the Operator hereunder shall continue until <br />released in whole or in part by the Board in accordance with applicable law. <br />In further satisfaction of the requirements of the Act, the Operator has attached hereto its <br />financial warranty, which may be amended from time to time. The Operator agrees that it will <br />maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing <br />for the entire life of the permit. <br />If the Board determines that the Operator is in default under this perfortrtance warranty and <br />has failed to cure such default, although written notice of such default and ample time to cure such <br />default have been give[), the Operator s financial warranty shall be subject to forfeiture. <br />This performance warranty may be executed in multiple copies, each of which shall be treated <br />as an original, but together they constitute only one agreement, the va]idity and interpretation of <br />which shall be governed by the laws of the State of Colorado. <br />