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-z- WHEREAS, as part of the application for such permit, Principal has agreed with the State and the United States/OSMRE to complete a specified plan ("the Plan") for reclamation, as required by law, of the lands disturbed by reason of such mining operations. The Plan may be amended from time to time with the approval of the State, acting through the Department of Natural Resources and, as appropriate, the Division of Minerals and Geology ("the Division") or the Mined Land Reclamation Board ("the Board"> and the United States of America, acting through the Department of the Interior, Office of Surface Mining Reclamation and Enforcement ("the OSMRE"). The phrase "Board or Division" in this bond means that organ of State government which has the authority to act in the circumstance referred to, and recognizes that the Mined Land Reclamation Act (34-32-101 et seg.> and the Colorado Surface Coal Mining Reclamation Act (34-33-101 et se~c.> confer distinctive and sometimes different responsibilities upon the Board and the Division. NOW THEREFORE, the conditions of this obligation are such that, if the above-bonded Principal shall, in conducting such mining and reclamation operations, faithfully perform the requirements of the Plan, as amended from time to time, and comply with the conditions of the Permit and with all applicable laws and regulations of the State, and if the Board or the Division shall make a finding that the lands upon which such operations have been conducted have been satisfactorily reclaimed, and if the OSMRE shall concur with this finding, then the Board or the Division shall, upon receipt of a request for bond release on such lands or a request for partial release as to any portion thereof, and upon the completion of applicable procedures of law and regulation governing release of bond, release the Principal and the surety to the extent that it determines such reclamation to have been accomplished. . ADDITIONAL PROVISIONS (1) The amount of this bond is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlarge, or restrict the Principal's obligations to complete the reclamation plan 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 bond. (2) The surety shall not be liable under this bond for an amount greater than the sum designated in the first paragraph hereof, unless increased by a later amendment to this bond. This bond shall be reviewed by the Board or the Division from time to time, and with the knowledge of the OSMRE, the Board or the Division may require an increase in the principal sum of this bond (and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation, but no such increase shall bind the surety unless and until it shall have consented thereto in writing by the issuance of an additional surety bond or by an endorsement to this bond.