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J n~r17- 5~ 1."1~ ;i.~~ II!I~cv L-iI~L r,c. ~ +c~ f~.u.~U?-cXro~tJt A7~J r'0." .,~~~ <br />_.~_ <br />• (6) The aescrtption of lands set form nere~ : ~~ .o.' con~a~.~a~•~~ _: <br />reference only, and no error in such description, nor any revlslcn cf ;fie <br />permitted mining area, nor the disturbance by the Principal of lands outside <br />of the permitted minfnq area, shall alter or diminish the Principal's <br />obligation hereunder or the Bank's obligation under its Letter of"Credit, <br />Nh1ch shall extend to the reclamation of all such (ands disturbed. <br />(6) The State may present drafts upon the Bank for payment under the <br />Letter of Credit 1f the Board or the Division determines, and the OS1dRE <br />concurs, that reclamation which is required to have been performed by the <br />Prlnclpal, or Its successors or assigns, remains unperformed. No other <br />condition precedent need be fulfilled to entitle the State t0 receive tfie <br />amount of such drafts. However, if, upon completion of such reclamation, the <br />amounts expendetl for reclamation shall be less than the amount received from <br />the Bank upon presentatfan of drafts by the State, the excess shall be <br />promptly refunded to the Principal. <br />(7) The amount of this band is based upon estimates as to the cost of <br />reclamation, ono 1s not intended to liquidate, ilmit or enlarge the Principal's <br />obligation to complete the reclamation plan and to comply In all respects with <br />the Permit and rith applicable iaws and regulations of the state governing <br />reclamation. If the actual ccst of reclamation, 1n accordance with the Plan <br />and the Permit, should exceed the estimated cost. the Prlnclpal shall be <br />responsible for the excess to the full extent provided by tar, including the <br />Colorado Surface Coal Mining Reclamation Act (C.R.S. 1473. 34-33-101 et se,q.>, <br />as amended. <br />• NQTE: Consider use of the fottowtng paragraph (8> if removal of <br />.buildings and fac111tfes is a substantial reclamation cost. <br />(8) (a) The Principal hereby represents that, as of the date of this <br />bond, its Interest to the lands above described Is free and clear of any Hens <br />or encumprances, except as described 1n Exhibit A hereto. <br />(b) The Principal agrees that tt will not voluntarily subject such <br />interest to any lien or encumbrance without giving to the Board sixty days <br />prior written notice of such action and that it will notify the Board of any <br />Iten or encumbrance involuntarily imposed upon such interest promptly after <br />the Principal's learning of such occurrence, <br />(c) if any lien or encumbrance other than that described 1n Exhfblt <br />A shall attach to any portion of the lands above described, the BoarO or <br />Division may require that it be furntsned with a subordination agreement 1~ <br />substantially the form of "Consent of Ltenholder" below set forth, executed by <br />the holder of such lien or ¢ncumbrance, 1n order that the Surety for this bond <br />may be deemed sufficient. <br />• <br />