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NHEREAS, the Operator hereby gives Che BoarO a perfor- <br />mance warranty pursuant to section 34-32-117(2) of the Aci. <br />and herein proms say the Board that it will comply with all <br />applicable requirements of the Act with regard to those <br />Affected Lands. <br />NON THEREFORE, the Operator hereby promises the Board <br />that it will comply with alt applicable requirements of the <br />ACL with fe5p@CL t0 the Affected Lands. <br />The Operator further promises the Boards pursuant to <br />34-32-112 (1)(d) of the Act. that it has the lawful authority <br />to enter upon the affected lands to conduct mining oper- <br />ations, including but not limited to reclamation. <br />The description of lands herein is for convenience of <br />reference only. and no error in such descriptions nor any <br />revision of the permitted mining area. nor the tlisturbance <br />by the warrantor of lands outside of the permitted mining <br />area shall alter or diminish the Operator's Obligation here- <br />under. which shall extend to the reclamation of all such <br />lands disturbed. <br />The obligation of the Operator hereunder is such that, <br />if the Operator shall successfully comply with the require- <br />men a of the Adi• applicable rules and regulations, and <br />tna permit. then the Board. upon a finding that the Operator <br />has so complied. shall release this performance warranty. <br />and the Operator from its obligation hereunder, to the extent <br />that the 30drd determines that Such Compliance has been <br />accomplished. The obligation of the Operator hereunder <br />Shall continue until released in whole or in part by the <br />Board in accordance with applicable law. <br />In further satisfaction of the requirements of Che <br />Att• the Operator has attached hereto its flnanCldl warranty, <br />which may ba amended from Cime to time. The Operator agrees <br />that it wi li maintain a financial warranty (or warranties) <br />-2- <br />