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_2. <br />WHEREAS, tbe Operator hereby gives the Board a performance warranty pursuant to <br />Suction 3432-117(2) or Section 3432.5-117(2) of the Act, and herein promises the Board that it will comply <br />with all applicable requirements of the Act with regard to those Affected I,ands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable <br />requirements of the Act and rules sect regulations of the Board with respoct to the Affected Lands. <br />FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the <br />application for a pemtit' as ame~ed and supplemented, as well as any conditions attached to the permit by the <br />Board. <br />FURTHER, the Operator promises the Board, pursuant to3432-112(2xd) or 3432.5-11Z(Ixcxiv) oftbe <br />Act, that it has the lawful suthorityto enterupon the Affectedlands in conds-ctmining operations, including, but <br />not limited to, rechunation. The Operator further recognizes the right of the Board to enter to reclaim lands <br />affected by the operation. <br />The description oflands herein is forconvetrience ofreference only, and no enor in such description, nor <br />any revision ofthe permitted mining area, mr the disdrcbarcx bytbe Warantor of lands outside ofthe permitted <br />mining area shall aher or diminish the Operator's obligation hereunder, which shall extend to the reclamation of <br />all such lands disturbed. <br />The obligation of the Operatorhereubeeris such they iftbe Operator shall successfully comply with the <br />requirements oftbe Ad, applicable rules and regulations, and thepermit' the the Board, upon a finding that the <br />Operator has so complied, shall release this performance watraaty, and tbe Operator from its obligation <br />hereunder, to the extent that the Board deteamines that such compliance has been accomplished. The obligation <br />of the Operator hereunder shall oontins~ u~il released in whole or in part by the Board in accordance with <br />applicable law. <br />ht frther satisfaction oftbe requirements ofthe Act, the Operator promises to be responsible fortbe cost <br />of reclamation up to the amount established by the Board and has attached hereto its Financial warrmty, which <br />maybe amended from time to time. The Operator agrees that it will maintain a fioeaciat warrazrty(or warranties) <br />forthe e&imated costs ofrechtmation in good standing fortbe entire life ofthe permit. Please rrotetbatunderthe <br />provisions of the Colorado Mined Land Reclamation Act a~ the Colorado Land Reclamation Act for the <br />Extraction of Constriction Materials, arty Applicant or Operator that submits proof, aaxptable to the Board or <br />Ihvision ofMinerals and Geology, that an Applicant orOpaatoria suaitofCamtyorMurricipa(government, or <br />is a department or division of State govemme~nt' the Applicam or Operator is ~t requued to submit or post any <br />other instrument of financial responsibility but hereby promises to be resporffitble for the cost of reclamation up to <br />the amonnt specified by the BoartL <br />Iftbe Board determines that tbe Operator is in default u~ this performance warranty and has failed to <br />cute such default' although written notice of such default and ample time to cure such default have been given, <br />the Operator's financial warranty shall be subject to forfeiture. <br />This performance warrmity may be executed in multiple copies, each of which shall be treated as an <br />original, but together they constitute only one agreement, fire validity and interpretation of which shall be <br />governed by the laws of tbe State of Colorado. <br />