2007-04-02_REVISION - M1987113 - Laserfiche WebLink

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i~ _2_ FURT'HER, the Operator hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the Board. FURTHER, the Operator promises tl~ Board, pursuant to 3432-112(ZXd) or 3432.5-112(lXcxiv) of the Act, that it has the lawful authority to eaten upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The operator Bother recogoius the right oftheBoard to eaterto reclaim Iaads affected by the operation The description oflaads herein is for com~eniencx ofnefinence only, sad no errorat such description, nor any rev>9ion of the permitted mining area, nor the disturbance by the Warrantor of lands outmode of t>m permitted mining area shat! abet or dianniah she Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation ofthe Operator hereunder is such that, iftlu Operator Mall ~rcoessf'ully+comply with the requirements ofthe Act, applicable Hiles and regulations, and the permit, then the Board, upon a fmdmg that the Operator has so oompfled, shad release this performancx wananty, and tbe Operator from its obligation hereunder, to the extent that the Board determines that suer compliance has bees accomplished. The obligation of the Operator hereunder shall comimre uah7 released in whole or in part by the Board in accordance with applicable law. In further satisfaction ofthe requirements of tlu Act, the Operator promises to be responarblefortbe cost of reclamation up to tlm amowrt established by the Board and has attached hereto itsfioet>aslwarramy, wlrich maybe amended from time to time. The Operator agrees that it will maintain a financial wanaaty (err warranties) for the estimated costs ofreclamation in good standing for the entire life ofthe permit. Please note that under the provisions of the Colorado Mmed Land Recisraation Ad and the Colorado Land Rerla~mation Act for theFxtraction ofConstruc6onMaterials, nay Applic~ntorOperatortbat submitaprooi; acceptable to the Board or Division of Minerals and Geology, that an Appfiearrt or Operator is a unit of County or Muniapal goverYUneat, or is a department or division of State government, the Applicant or Operator is not required to submit or post an)r other instrument of financial responsibility but hereby promises to be respoa~le for the cost of rodamation up to the amount specified by the Board. Tf the Board determines that the Operator is is default under this performance warranty and has failed to cure such defiwlt, although written notice of such default and ample tune to cure such default have been given, the Operator's financial warranty shall be subject to forfisfirre. Thos performance warranty may be executed is multiple copies, each ofwhich shall be treated as an original, but together they constihrte only one agreement, the validity and i~erpretation of which shaIl be governed by the laws of the State of Colorado.