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,-. <br />~`^ <br />-'- <br />WHEREAS, the Operator hereby dives the Board a performance warranty pursuant to <br />Section 3-t-3'-I l7(3) or Section 34-32.E-I f 7(2) of the ,pct, and herein promises the Board [hat it <br />will comply wi[h all applicable requirements of the Act with resard to those .~`rected Lands <br />[vO~b', THEREFORE, the Operator hereby promises the Board that it will comply with ail <br />applicable requirements of the Act and rules and revelations of the Board with respect ro the AtFected <br />Lands. <br />FURTI-iF.R, the Operator hereby promises the Boazd that it will comply with all of [he 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 [he Board, pursuant to 34-32-112(2)(d) or <br />3a-32.5-I l2(Ixc)(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 />recognizes 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 minutg area shall alter or diminish the Operator's obhgation hereunder, <br />which shall extend to the reclamation of all such Lutds 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 Hiles and regulations, and the pernrit, then the <br />Board, upon a finding that the Operator has so complied, shall release this performance warranty, and <br />the Operator from its obhgation hereunder, to the extent that the Board determines that such <br />compliance has been accomphshed. 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 />~9r ~€k~ifan6<~er&sfaacioanf~kare~cemente~eRt~~tXapret'att~k~afttt{t~i@Eti'4~ <br />~ tnmgxtr~~uacrde~cft~uzsitxax~ceixtasx~hecflp~atoaragaaeaxhatcincAalt <br />ram-~i~xemteanaar(oanax>~araea~l~t~d~o&Ex~~FRScl~iati[3ditinBaQ~~si~tlf6tg5~ <br />,~xthra}i¢ec®fra6ec~it <br />~iNO <br />~ >lte~ilsat~t~re~s~taa~:defattkk ®!{~eta~t:d,e€atdt aad~tapl~raeredaaaueaae6 <br />~dmfank,d~eod~erac~v~uu,t6Etie.,t~scat~~sr,fuuaaQealc~rarrca~33ysshtvEF6clatecs~et~Zkfa~f~t~itxrec <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 asreemen[, the validity and interpreta[ion of <br />which shall be soverned by the laws of the State of Colorado. <br />