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~-. <br />~'w <br />1~1, 1'ilEREFORE, the Operator hereby preen ses the 'Board that i t ri l l <br />cospty rich atl applicable requireoents of the Act and rules aad regulations <br />of the Board with respect to the Affetted lands. <br />i1Ntl'BEB, the Operator hereby praeises the Board that it rill caeply <br />rich aiT of the tert+s of the applicstian•for a persit. as asert~d and <br />suppleexnrbed, as Meii as any ooiditions affected to the penrit by the Board. <br />Further, the Operator pro~isss the Board. pursuant tD 34-3Z-112(i)(d) <br />of the Act, tdat it has tiu lavfui authority m etrter upon the Affected Leads <br />to tondatt e~iaing operations, iatltaiing, but aot liadted to, rsciaeation.. The <br />Operator further retogaizes the right of the Board tD enter tD ret)aia tends <br />affected by the operation. <br />The Oestriptioa aif lands herein, is for obnvenierrce of rtferertte only, <br />a~ ao erreF in suth description. nor any revision of the per~ithd efieing <br />area. nor the disturbaate by the ilarratitor Of lands oatside o3~ the penitted <br />e{iaing area sbaii alter Or dieiinish•the Operator's obligation bereuader, ehich <br />shah estead tD the reciae~atian of ail such leads disturbed. <br />The obligatia+ of tia3 Operator hereunder fs such that. if the <br />Operator shall successfully toeply with the requirs~ents of the Act. <br />apptitabte tries and regulations. and the per~it, then the Board. upon a <br />finding that the Operator has So toegiied. shall release this perforaaace <br />rarrattty, and the Operator froia its obligation hereunder, do the extent that <br />the Board determines lhat such co.pliance bas been acco,-li~. The <br />obligation Of the Operator hereWlder sl+alT tontiaue uatii released in rhote or <br />is part by the Board is actordsace with applicable law. <br />Ia further satisfaction of the re~rireaents aF the Act. the Operator <br />bas atiadud hereto its fiaaacisl wrraaty. rhica aaY be amended frpm tine to <br />ties. The Operator agrees that it riti er~intain a fiaaaciai warranty for <br />rarrartties) for the estiaated costs of reclaeatioa in good startdiaq for the <br />entire life Of the pesarit. <br />If tin: ®oard determines that the Operator iS is default wader this <br />performinte warranty and has failed to core sutA default. aithou~ rrittea <br />notite of such default sad aeple ties to tore such default have been given, <br />tie' Operator's financial rarnaty shalt be subgett to forfeiture. <br />This performaaa rsrranty may be executed in maltiple copies, Bich of <br />which shall bt treated as an original. but together they constitute only one <br />agreement, file validity and interpretation of rbith sha11 be governed by the <br />tan of the State of Colorado. <br />