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JUL. 24. 200] 5:57AM AMERICAN GYPSUM N0, 942 P. 11 <br />~; <br />2 <br />Wl{ER6AS, the Operator hereby gives the Board a performance w ty pursuant to <br />Section 34-32-i 17{2) or Section 34-32.5-117(2) of the Act, and herein promises the Boar that it will comply <br />with ali applicable requirements of the Act with regard to those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that ii will compl with all applicable <br />requirements of the Act and rules sad regulations of the Boazd with respect to the Affect bands. <br />FURTI-ffiR, the Operator het+eby promises th¢ Board that it wiA comply with all f the terms of the <br />application for a permit, as amended and supplemented, as well as any conditions attached [he permit by the <br />Board. <br />FCIRTHER, the Operator promisee the Board, pursuant to 3432-112(2)(d) or 3432.5 112(1)(c)(iv) of the <br />Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining ope 'ors, including, but <br />not limited to, reclamation. The Operator further recognizes the right of the Board to en bo reclaim lands <br />affected by the operation. <br />The description of lends herein is for convenience of reference only, and no etmr in ch description, nor <br />arryrevisionofthepermittedminingarea,northedisttubancebytheWatrantoroflandsou deofthepermitted <br />mining area shall alter or diminish the Operators obligation hereunder, which shat l extend t the reclannatioa of <br />all such lands disturbed. <br />The obligation of rho Operator hereunder is such that, if the Operator shall successfi <br />mquiternents of the Act, applicable rules and regulations, and the permit, then the Board, up <br />Operator has so complied, shall release this perfomtance warrattry, and the Operator <br />hereunder, to the extent that the Board detertnirtea that such compliance has been accomplis <br />of the Operator hereunder shall continue until released in whole or in pert by the Board <br />applicable law. <br />In further satisfaction of the requirements of the Act, the Operator promises to be r <br />of reclamation up to the amount established by the Board and has attached hereto its fine <br />may be amended from time to time. The Operator agrees that it will maintain a &nancial w <br />for the estimated costs of reclamation in good standing for the entire lift ofthe permit. plr <br />provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Ra <br />Extraction of Construction Materials, any Applicant or Operator that submits proof, acts <br />Division of Reclamation, Mining and Safety, that an Applicant or Operator is a unit of <br />government, ar is a departrncm or division of State government, the Applicant or Open <br />submit orpost anyother instrument of financial responsibilirybutherebypromises to be r< <br />of reclamation up to the amount specified by the Board. <br />If the Board determines that the Operator is in default under this performance c <br />cure such defauh, although written twtice of such default and ample time to cure such <br />the Operato>'s tittancial warranty shall 6e subject to forfeiture. <br />This performance warranty may be executed in multiple copies, each of which <br />original, but together they constitute only one agreement, the validity and interpretati <br />governed by the laws of the State of Colorado. <br />comply with the <br />a finding that the <br />m its obligation <br />L The obligation <br />accordance with <br />msible for the cost <br />d warranty, which <br />my (or watranaes) <br />note thaz under the <br />ation Act for the <br />ale to the Board or <br />tnry or Municipal <br />is not required to <br />nsible for the wst <br />and has failed to <br />have been given, <br />d1 be treated as an <br />of which shall be <br />