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<br />-5- <br />(9) (a) If this bond applies to National Forest System lands, and if <br />this bond is accepted by -the United States Forest Service ("U.S.F.S.") as the <br />bond required under 36 C.F.R. 252.13, then, the Principal and the Surety <br />having requested that the State and the U.S.F.S. accept this single bond in <br />lieu of the separate bonds which would otherwise be required by applicable <br />law, hereby agree that, notwithstanding any other provision hereof, or of law, <br />this bond shall remain in full force and effect until U.S.F.S. has advised the <br />State that the reclamation work has been satisfactorily completed in <br />accordance with the requirements of applicable federal law and regulations. <br />(b) If this bond applies to lands under the jurisdiction of the <br />State Board of Land Commissioners ("Land Board"), and if this bond, in whole <br />or in part, is. accepted by the Land Board as the bond required under its <br />applicable law and procedures, then, the Principal and the Surety having <br />requested that the State accept this single bond in lieu of the separate bonds <br />which would otherwise be required by the Colorado Mined Land Reclamation Board <br />or Division and by the Land Board, hereby agree that, notwithstanding any <br />other provision hereof, or of law, this. bond shall remain fn full force and <br />effect until released by the Land Board. <br />(c) If all or any part of the lands subject to this bond are under <br />the jurisdiction of the Bureau of Land Management, United States Department of <br />the Interior (the "BLM"), and if, at the request of the Principal on this <br />bond, the BLM has, pursuant to 43 C.F.R. 3809.1-9, accepted this bond in lieu <br />of requiring a separate reclamation bond payable to the United States, then, <br />notwithstanding any other provision of this bond, or of law, the Principal and <br />the Surety hereby agree that this bond shall not be released until the State <br />is advised in writing by the BLM that ali reclamation requirements of Federal <br />law and regulations have been fulfilled as to such lands. <br />(10> This agreement may be executed in multiple copies, each of which <br />shall be treated as an original, but together they constitute only one <br />agreement, the validity and interpretation of which shall be governed by the <br />laws of Colorado. <br />(11) Words in any gender used herein shall include the other genders, <br />the singular shall include the plurSl, and vice versa. <br />(12) The provisions hereof shall bind and inure to the benefit of the <br />parties hereto and their successors and assigns. <br />SIGNED, SEALED AND DATED, this ~~day of <br />A(.(~~j{~(-Y~ , 1995 <br />PACIFIC BASIN RESOURCES, A Div. of <br />Oxbow Carbon & Minerals. Inc. (SEAL) <br />Principal <br />By //. oC.. ~%i2~~ <br />Name Brian L. Acton <br />P.O. Box 535 <br />Somerset. Colorado 81434 <br />Mailing Address <br />President <br />