2007-10-18_REVISION - M1982020 (3)

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!f this financial warranty applies to lands under the juristliction of the State 9oard of Land Commissioners ("Land Board")• and if this financial warranty, in whole or in part. is accepted by the Land 9oard as the bond requiretl under its applicable law and procedures. then, the Operator having requested that the state accept this financial war- ranty in lieu of the separate bonds which would Otherwise De required by the Colorado Mined Land Reclamation Board or Division and by the Land Board• hereby agrees that. notwith- SLdOtli ng dRy pChef prOVlStOb hefe0 f, Or Of )dw• LhiS fIRdO- cial warranty shall remain in full force and effect until the Board is notified in writing by the land Board that the Operator's obligations to the Land Board• for which this war- ranty is executed. have been satisfied and until its release is approved by the Board. If all or any part of. the affected lantls are under Lh2 juri50iGti0n of the Bureau Of Ldntl Management, Unitetl States Department of the Interior. ("the BLMw) and if at the request of the DperaLOr on this fi nan[ial warranty the BL.M has. pursuant to 43 C.F.R. 3809.1-9, accepted this financial warranty in lieu of requiring a separate recla- mati on pond payable to the United States. then. notwithstantl- ing any other provision of this financial warranty, or of lawn tha Operator hereby agrees that this financial warranty Shrill not be feled5etl until the board is ddVi sed in writing by the BLM that the Operator's Obligations t0 the 9LM• for which this warranty is executed. nave Deen satisfied antl until its release is approved by the Board. Tnis financial warranty may be executed in multiple copies, eaen of which shalt be treated as an original. but together they con stituta only one agreement, the vdlioity and interpretation of which shall he governed by [he laws of the ~Lat2 of Col Orad0. -6-