Laserfiche WebLink
-2- <br />Wf~REAS, the Operator hereby gives the Board a performance warranty pursuant to <br />Section 3432-117(2} or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply <br />with all applicable requirements of the Ad with regard to those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable <br />requirements of the Ad nerd rules and regulations of the Board with respect to the Affected Lands. <br />FCTRTHE.R, the Operator hereby promises the Board that it will comply with all of the terms of the <br />application for a permit, as amended and supplememed, as well as any conditions attached to the permit by the <br />Board. <br />FI3RTI~R, the Operator promises the Board, pursuant to 3432-I 12(2xd) or 3432.5-I 12(] xcxiv) of <br />the Act, that it has the lawful authority to enter upon the Affected Iands to conduct mining operations, including, <br />but not limited to, reclamation The Operator further recognizes the right of the Board to enter to reclaim lands <br />affected by the operation <br />The description of lands herein is for convenience of reference only, and no error in such description, nor <br />a~ revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside ofthe permutted <br />mining area shall aher or diminish the Operator's obligation hereunder, which shall extend to the reclamation ofall <br />such lands disturbed. <br />The obligation of the Operator hereunder is such that, if the Operator shall successfitlly comply with the <br />requirements of the Act, applicable rules and regulations, and the permit, them the Board, upon a finding that the <br />Operator has so complied, shall release this performance warranty, and the Operatce from its obligation herarmder, <br />to the extent that the Board determines that such compliance has been accomplished. The obligation of the <br />Operator hereunder shell contimre until released in whole or in part by the Board in accordance with applicable <br />lavv. <br />In further satisfaction ofthe requirements ofthe Aa, the Operator promises to be responsible for the cost <br />of reclamation up to the amount established by the Board and has attached hereto hs financial warranty, which <br />may be amended from time to time. The Operator agrees that it will maintain a 6nancaal warranty (or warranties) <br />£or the estimated costs of reclamation in good standing for the entire life ofthe permit. Please note that under the <br />provi~ons of the Colorado Ivfined band Reclamation Ad and the Colorado Land Reclamation Ad for the <br />Extraction of Coostrudion Materials, arty Applicant or Operator that submits proof, acceptable to tbe Board or <br />Divi~on ofIvLnerals and Geology, that an Applicant or Operator is a urdt ofCounty or Municipal governmern, or <br />is a department or division of State government, the Applicam or Operator is not required to submit or post any <br />other instrument of financlal responsr'bility but hereby promises to be responsr'ble for the cost of reclamation upto <br />the amount speafied by the Board. <br />If the Board determines that the Operator is in default under this performance warranty and has tailed to <br />cure such defauh, ahhough written notice of such defauh and ample time to cure such default have been given, the <br />Operator's financial warranty shall be subject to forfeiture. <br />This performance warranty may be executed in multiple copies, each of which shall be treated as an <br />original, but together they constitute only one agreemem, the validity and imerpretation of which shall be <br />governed by the laws of the State of Colorado. <br />