2006-04-25_REVISION - M2000089 - Laserfiche WebLink

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- 9 - 2. The Operator is in defiurlt under its Performance Warranty, and such default has not been cured, although written notice and ample time to sue such defimlt has been given; or 3. The Operator has failed to maintain its Financaal Warranty in good standing as required by the Act; or 4. The Financial Warrantor no longer has the financial abffi'ty to cazry out its obligations in accordance with the Act. The description of leads herein is for com+enience ofrefereace only, and no error in such description, nor a~ revision ofthe permitted mining area, nor the disturbance by the Operator of lands outside ofthe permtted mining area shall alter or diminish the obligations of the Warrantor and/or the Operator heteubeer, which shall extend to the reclamation of all such lands disturbed. Tf this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted bytheUnited StateaForest Service ("CT.S.F.S.") as thebond required under 36 C.F.R 228.13, thenthe Operator, having requested that the Board and the U.S.F.S. accept this single Financial Warranty in lieu of the separate bonds which would otherwise be raluired by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of htw, this Financial Warranty shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's obligations to U.S.F.S., fix which this Warranty is executed, have been satisfied, and u~il the financial warranty has been released by the Board. If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Comrnissioaers ("band Board°), and if this Financial Warranty, in whole or in part, is acxepted by the Land Board as the bond requred under its appficabie law and procedures, then the Operator, having requested that the Board accept this Financial Warranty in lieu ofthe separate bonds whichwould otherwi.e be requiredby the Colorado 14fined I.aad Reclamation Board or Division of IVlinerals and Geology and by the Land Board, hereby agrees that, notwithstanding enyotherprovision hereof; or ofhtw, this Financial Warranty shall remain in fiill force and effect u~7 the Board is notified in wrung by the Land Board that the Operator's obligations to the band Board, for which this Warranty is executed, have been satisfied, and uoh7 the financial warranty has been released by the Board. If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United States Department of the Interior (the "BLM"), and if at the request of the Operator on this Financial Warranty the BLM has, pursuarrt to 43 C.F.R 3809.1-9, accepted this Financial Warranty in lieu of requiring a separate reclamation bond payable to the Untied States, then, notwithstanding any other provision of this Financial Warranty, or of law, the Operator hereby agrees that this Financial Warranty shall not be released until the Board is advised in writing by the BLM that the Operator's obligations to the BLM, forwhich this warranty is executed, have been satisfied, and until the financial warranty has been released by the Board.