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V <br />- 4 - <br />2. The Operator is in default under its Performance Warranty, and such default has not been <br />coved, although written notice and ample time to cure such default has been given; or <br />3. The Operator has failed to maintain its Financial Warranty in good standing as required by <br />the Act; or <br />4. The Financial Warrantor no longer has the financial ability to carry out its obligations in <br />accordance with the Act. <br />The description of lands herein is for convenience of reference only, and no error in such descriptoq nor any <br />revision ofthe permitted mining azea, nor the disturbance by the Operator of lands outside oftbe permitted mining <br />area shall alter or diminish the obligations ofthe Wazrarnorand/or the Operator hereunder, which shall extend to <br />the reclamation of all such lands disturbed. <br />If this Financial Warramy applies to National Forest System lands, and ifthis Financial Warranty is accepted <br />by the United States Forest Service ("U. S.F. S. ") as the bond required under 36 C.F.R 228.13, then the Operator, <br />having requested that the Board and the U.S.F.S. accept this single Financial Warranty in lieu of the sepazate <br />bonds which would otherwise be required by applicable Iaw, hereby agrees that, notwithstanding any other <br />provision hereof, or of law, this Financial Warratrty shall remain in full force and effect until U. S.F. S. has advised <br />the Boazd by written notice that the Operator's obligations to U. S.F. S., for which this Warranty is executed, have <br />been satisfied, and until the Snancial warranty has been released by the Board. <br />ff this Financial W azranty applies to lands under the jurisdiction ofthe State Board of band Commissioners <br />("Land Boazd"), and if this Financial Wazranty, in whole or in part, is accepted by the Land Board as the bond <br />required under its applicable law and procedures, then the Operator, having requested that the Board accept this <br />Financial Wazranty in lieu of the sepazate bonds which would otherwise be required by the Colorado Mmed Land <br />Reclamation Boazd or Division of l~finerals and Geology and by the Land Boazd, hereby agrees that, <br />notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect <br />until the Boazd is notified in writing by the Land Board that the Operator's obligations to the Land Boazd, for <br />which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the <br />Board. <br />If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United <br />States Department ofthe Interior (the "BLM"), and if at the request ofthe Operator on this Financial Warranty <br />the BLM has, pursuant to 43 C.F.R 3809.1-9, accepted this Financial Warranty in lieu of requiring a separate <br />reclamation bond payable to the Untied States, theq notwithstanding any other provision of this Financial <br />Warranty, or of law, the Operator hereby agrees that this Financial Warranty shall not be released until the Board <br />is advised in writing by the BLM that the Operator's obligations to the BLM, for which this warranty is executed, <br />have been satisfied, and until the financial warranty has been released by the Board. <br />