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<br />Certain written material filed from time to time <br />by the operator with the Division will be lawfully <br />entitled to confidential treatment. All such <br />material will be marked confidential and will be <br />so treated to the fullest extent permitted by law. <br />The operator will before submitting material which <br />may be entitled to confidential treatment carefully <br />review the material so that no claim of confidentiality <br />will be made as to material not entitled to confidential <br />treatment. <br />5. Summary reports and conclusions based upon monitoring <br />data or information generated by studies required of <br />the operator will be submitted with the operator's <br />annual report. Data or information from specified <br />reports will be submitted by the operator if requested <br />by the Division. <br />If analyses of the mining and reclamation operation and <br />the data collected through monitoring and experimen- <br />tation by the operator or monitoring by the Division <br />indicate that the operation will not be able to comply <br />with the requirements of the Act and lawful Rules and <br />Regulations of the Board, the operator hereby agrees to <br />exercise to its best efforts, after consulting with the <br />Division, to modify the plans prospectively to correct <br />such deficiencies. Such modifications may require <br />technical revisions or amendments to the permit. <br />7. If the rights of any owners of property are determined <br />by a final judicial decision to prevent permitted <br />activities on the subject acreage as a result of <br />Johnson, et. al. v. Board of County Commissioners of <br />Garfield Count Colorado, et, al., District Court <br />Garfield County, 80-CV- 78, then the permit will be <br />ineffective as to those lands. <br />8. This permit may be revoked and suspended for non- <br />compliance with the Act or lawful rules or regulations <br />promulgated by the Board. No provisions of this permit, <br />however, shall be interpreted or deemed to mean that <br />the operator has waived any right or rights to <br />challenge any Board action or regulation as being unlawful <br />or unlawfully applied to it. <br />9. To provide water for reclamation in the event of a <br />default, the operator has executed and delivered to <br />the Board, the water lease, a copy of which is attached <br />hereto as Exhibit II. In addition, the operator agrees <br />that all water diversion and distribution systems of <br />the Colony Shale Oil Project will be left in place <br />during the term of this water lease. <br />10. The Board recognizes that, as disclosed in the appli- <br />cation, certain phases of the reclamation plan may and <br />probably will require more than five years for <br />completion. The Board thus recognizes that in such <br />instances an extension of the five year time period <br />provided by the Act (34-32-116(r)). will be appropriate <br />if the operator has exercised and continues to <br />exercise due diligence in pursuing all reasonable <br />reclamation operations. <br />-3- <br />