Laserfiche WebLink
-2- <br />FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the <br />application for a permit, as amended and supplemented, as well as any conditions attached to the permit by <br />the Board. <br />FURTHER, the Operator promises the Board, pursuant to 343Z.112(2xd) or 3432.5-112(IXcxiv) <br />of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, <br />including, but hot limited to, reclamation. The Operator further recognizes the right ofthe Board to eater to <br />reclaim lands affected by the operation. <br />The description of Iands herein is for convenience of reference only, and no error in such description, <br />nor any nwision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the <br />permitted awning area shall alter or diminish the Oper"atoi's obligation hereunder, which shall extend to the <br />reclamation of all such lands disturbed. <br />The obligation of the Operator hereunder is such that, if the Operator shall successfiilly comply with <br />the requiremens of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding <br />that the Operator has so complied, shall release this performance warranty, and the Operator from its <br />obligation hereunder, to the extern that the Board determines that such compliance has been accomplished. <br />The obligation of the Operator hereunder shall contimre until released in whole or in part by the Board in <br />accordance with applicable law. <br />In firrther satisfaction of the requirements ofthe Act, the Operator promises to be responsible for the <br />cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, <br />which maybe amended from time to time. The Operator agiees that it will maintain a financia] warranty (or <br />warrarnies) for the estimated costs of reclamation in good standing for the entire life of the permit. Please <br />note that under the provisions of the Colorado Mmed Land Reclamation Act and the Colorado I.and <br />Reclamation Act for the Extraction of Conshvction Materials, a~ Applicant or Operatorthat submits proof, <br />acceptable to the Board or Division of Minerals and Geology, that an Applicant or Operator is a unit of <br />County or Municipal governmern, or is a department or division of State goven~rnern, the Applicant or <br />Operator is not required to submit or post any other instrumern of finanaal responsibility but hereby <br />promises to be responsible for the cost of reclamation up to the amount specified by the Board. <br />If the Board determines that the Operator is in default under this performance warranty and has <br />failed to cure such default, although written notice of such default and ample time to cure such default have <br />been given, the Operator's financial warranty shall be subject to forfeiture. <br />This performance warranty maybe executed in muhiple copies, each ofwhich shall be treated as an <br />original, but together they constitute only one agreement, the validity and interpretation of which shall be <br />governed by the laws of the State of Colorado. <br />