2002-09-13_REVISION - M1994096 (4)

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-2- NOW, THEREFORE, the Operator hereby promises the Boazd that it will comply with applicable requirements of the Act and rules and regulations of the Board with respect to the Affected ands. FURTHER, the Operator hereby promises the Boazd that it will comply with all the terms of the application for a permit, as amended and supplemented, as well as any conditions atta ed to the permit by the Board. FURTHER, the Operator promises the Boazd, pursuant to 34-32-112(2) ) or 34-32.5-112(1)(c)(iv) of the Act, that it has the lawful authority to enter upon the Affected Lands conduct mining operations, including, but not limited to, reclamation. The Operator fiuther recognize the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of referent nly, and no eaor in such description, nor any revision of the permitted mining azea, nor the disturbance the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obli tion hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such the requirements of the Act, applicable Hiles and regulati that the Operator has so complied, shall release this obligation hereunder, to the extent that the Boazd d n The obligation of the Operator hereunder shall co tinu accordance with applicable law. rf the Operator shall successfully comply with and the permit, then the Board, upon a finding rformance warranty, and the Operator from its nes that such compliance has been accomplished. until released in whole or in part by the Board in In firrther satisfaction of the requirem s of the Act, the Operator promises to be responsrble for the cost of reclamation up to the amount estab' ed by the Boazd and has attached hereto its financial warranty, which may be amended from time to tim The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs of clamation in good standing for the entire life of the permit. Please note that under the provisions of Colorado Mmed Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction f Construction Materials, any Applicant or Operator that submits proof; acceptable to the Boazd or Divi 'on of Mrnerals and Geology, that an Applicant or Operator is a unit of County or Municipal governor t, or is a department or division of State government, the Applicant or Operator •is not required to omit or post any other instrument of financial responsibility but hereby promises to be responsible r the cost of reclamation up to the amount specified by the Board. If the Boazd determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shaIl be subject to forfeiture.