2007-05-29_REVISION - M1978039HR

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-3- The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlazge or restrict the Operator's obligations to cotttplete reclamation and to comply in all respects with the permit and with applicable laws and regulations governing reclamation, even though the actual cost thereof may substantially exceed the amount of this Financial Warranty. The.Watrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless increased by a later amendment to this Fitumcial Warranty. This Financial Warranty shall be reviewed by the Board from time to time, and the Board may require an increase in the principal sum of this Financial Warranty (and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Financial Warranty. The Warrantor reserves the right to cancel this Financial Warranty, effective only upon an anniversary date, and only by giving written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date, addressed to both the Operator az its address herein stated, and to the Board az the address herein stated. In the event of such cancellation, this Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all azeas dururbed prior to the effective date of such cancellation, unless and until the Operator shall file a substitute Financial Warranty which: (1) assumes liability for all reclamation obligations which shall have arisen az any time while this Financial Warranty is in force; and (2) is accepted in writing by the Boazd. In the event of such cancellation, if the Financial Warranty is not fully released, the amount of the continuing Financial Warranty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be feed by the Board az the amount it determines necessary to complete such reclamation (which amount [nay not exceed the sum designated herein) and the Board shall concurrently identify such areas in writing, and notify the Warrantor and the Operator thereof. Thereafter, the obligation of the Warrarr[or shall be limited to reclamation of the azeas so identified. The consideration for the Warrantor's execution of this agreemem is the promise of the Operator to pay the premiums, but failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder. The Board tray make demand upon the Warrantor for payment hereunder if the Boazd determines that reclarrtadoa which ought to have been performed by the Operator, or its successors or assigns, remains urtperfotmed, and if Financial Warranty forfeiture procedutrs required by law have been initiazed. No other condition precedent need be fulfilled to entitle the State to receive the amoun[ so demanded. However, if, upon completion of reclamation by the State, the amrn,nre expended for reclamation shall be less than the amount received from the Warrantor, the excess shall be promptly refunded to the Warrantor. If demand is [Wade upon the Warrantor for payment of an amount due to the Board hereunder, and if the Warrantor fails to make payment of such amount within Winery (90) days after the date of receipt of such demand, or if it should thereafter be determined, by agrament of the Warrantor or by final judgment of court, thaz the amount demanded was properly payable, the Warrantor agrees to pay to the Board, is addition to the amount demanded, interest az the prime raze is effect from time to time az The United Bank of Denver for the period commencing az the end of such ninery-0ay period and ending on the date of actual payment.