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WHEREAS, the Operator hereby gives the Board a performance <br />warranty pursuant to section 34-32-117(2) of the Act, and herein <br />promises the Board that it will comply with all applicable require- <br />ments of the Act with regard to those Affected Lands. <br />NOW THEREFORE, the Operator hereby promises the Board that <br />it will comply with all applicable requirements of the Act with <br />respect to the Affected Lands. <br />The Operator further promises the Board, pursuant to 34-32- <br />112 (1)(d) of the Act, that it has the lawful authority to enter <br />upon the affected lands to conduct mining operations, including <br />but not limited to reclamation. <br />The description of lands herein is for convenience of refer- <br />ence only, and no error in such description, nor any revision of <br />the permitted mining area, nor the disturbance by the Warrantor <br />of lands outside of the permitted mining area shall alter or <br />diminish the Operator's obligation hereunder, which shall extend <br />to the reclamation of all such lands disturbed. <br />The obligation of the Operator hereunder is such that, if <br />the Operator shall successfully comply with the requirements of <br />the Act, applicable rules and regulations, and the permit, then <br />the Board, upon a finding that the Operator has so complied, <br />shall release this performance warranty, and the Operator from <br />its obligation hereunder, to the extent that the Board determines <br />that such compliance has been accomplished. The obligation of <br />the Operator hereunder shall continue until released in whole or <br />in part by the Board in accordance with applicable law. <br />In further satisfaction of the requirements of the. Act, the <br />Operator has attached hereto its financial warranty, which may be <br />amended from time to time. The Operator agrees that it will <br />maintain a financial warranty (or warranties) for the estimated <br />costs of reclamation in good standing for the entire life of the <br />permit. <br />If the Board determines that the Operator is in default <br />under this performance warranty and has failed to cure such <br />default, although written notice of such default and ample time <br /> <br /> <br />-2- <br />