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STANDBY LETTER OF CREDIT <br />August 1, 2002 <br />Page 2 <br />The below-mentioned documentation must be presented at sight on or before the <br />expiry date and time on this instrument in accordance with the terms a conditions of <br />this letter of credit: <br />1. Your signed and dated statement purportedly signed by/one of your official <br />signatories reading: <br />A written statement of the Director ("Director") of the ivision of Minerals and <br />Geology of the state of Colorado ("the Division"} c ifying that he is a duly <br />authorized official acting on behalf of the State of Col ado and that the amount of <br />the accompanying sight draft is due and payable to a State of Colorado pursuant <br />to applicable provisions of Colorado Statutes go ruing mined land reclamation <br />and that Robert C. and Helen L. Pittington or thei successor has neglected, failed, <br />or refused complete the required reclamation or to pay such amount although <br />requested to do so by the Director. <br />This Standby Letter of Credit shall be <br />for an additional period of one year from the <br />in writing not less than ninety (90) days befc <br />renew this Standby Letter of Credit. Our nc <br />above address or any other address advi <br />requested. Upon your receipt of such n <br />against the amount remaining avails e <br />presentation of your clean sight draft as tate~ <br />We engage with you that dra draw <br />this credit will be duly honored on esentat <br />above, on or before the expiry Elate and <br />accompany the documents re fired unde <br />requirements of this Letter of Cr dit must be <br />Credit. <br />auto atically extended without amendment <br />ex ration date unless we have notified you <br />~r such expiration date that we elect not to <br />~ ce of such election shall be mailed to the <br />ed by you by certified mail return receipt <br />renewal notice you have the right to draw <br />under this Standby Letter of Credit by <br />i above. <br />n under and in conformity with the terms of <br />ion if presented to us at our office, address <br />time. The original Letter of Credit must <br />r this credit. Strict compliance with the <br />performed by the beneficiary of this Letter of <br />The Letter. of Credit i subject to Uniform Customs and Practice for Documentary <br />Credits, 1995 :revision, IC Publication No. 500. This Letter of Credit is to be construed <br />by the law of mercantile s ecialty and not by the law of contract. <br />Please address II correspondence regarding this Letter of Credit to the attention <br />of: Howard C. Wige Vice President, mentioning our reference number as it appears <br />above. <br />