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-4- <br />Interest on Certificates of Deposit shall not be credited to the Certificate of Deposit. The Operator shall <br />receive all such interest. <br />The Operator may, from time to time, withdraw a Certificate of Deposit which is assurance hereunder <br />if and to the extent that a substitute Certificate of Deposit is simultaneously deposited as assurance <br />hereunder in the same amount as the Certificate withdrawn. <br />If this Financial Warranty applies to National Forest System ]ands, and if this Financial Warranty is <br />accepted by the United States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R., 252.13, <br />then the Operator, having requested that the Boazd and the U.S.F.S, accept this single Financial Warranty <br />in lieu of the separate bonds which would otherwise be required by applicable law, hereby agrees that, <br />notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force <br />and effect until U.S.F.S. has advised the Boazd by written notice that the Operator's obligations to <br />U.S.F.S., for which this Warranty is executed, have been satisfied, and until the financial warranty has <br />been released by the Board. <br />If this Financial Warranty applies to lands under the jurisdiction of the State Boazd of Land <br />Commissioners ("Land Boazd"}, and if this Financial Warranty, in whole or in part, is accepted by the <br />Land Boazd as the bond required under its applicable law and procedures, then the Operator, having <br />requested that the State accept this Financial Warranty in lieu of the sepazate bonds which would <br />otherwise be required by the Colorado Mined Land Reclamation Boazd or Division and by the Land <br />Boazd, hereby agrees that, notwithstanding an y other provision hereof, or of law, this Financial Warranty <br />shall remain in full force and effect until the Boazd is notified in writing by the Land Board that the <br />Operatoi s obligations to the Land Boazd, for which this Warranty is executed, have been satisfied, and <br />until the financial warranty has been released by the Boazd. <br />)f all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, <br />United States Department of the Interior (the "BLM"), and if, at [he request of the Operator on this <br />Financial Warranty, the BLM has, pursuant to 43 C.F.R., 3809.1-9, accepted this Financial Warranty in <br />lieu of requiring a sepazate reclamation bond payable to the United States, then, notwithstanding any <br />other provision of this Financial Warranty, or of law, the Operator hereby agrees that this Financial <br />Warranty shall not be released until the Boazd is advised in writing by the BLM that the Operator's <br />obligations to the BLM, for which this Warranty is executed, have been satisfied, and until the financial <br />warranty has been released by the Boazd. <br />This Financial Warranty may be executed in multiple copies, each of which shall be treated as an <br />original, but together they constitute only one agreement, the validity and interpretation of which shall <br />be governed by the laws of the State of Colorado. <br />The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and <br />assigns. <br />