2007-05-29_REVISION - M1980055HR (2)

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-3- The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlazge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the permit and with applicable laws and regulations governing reclamation, even though the actual cost thereof may substantially exceed the amount of this Financial Warranty. The.Warrantor shall not be liable under this Financial Warranty for an amount greater than the sum designated herein, unless increased by a later amendment to this Financial Warranty. This Financial Warranty shall be reviewed by the Boazd from time to time, and the Boazd may require an increase in the principal sum of this Financial Warranty (and a corresponding increase in the surety amount) to cover increases is the estimated costs of reclamation, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional Financial Warranty or by an endorsement to this Fitancial Warranty. The Warrantor reserves the right to cancel this Financial Warranty, effective only upon an anniversary date, and only by giving written notice to that effect, mailed by Certified Mail, at least ninety (90) days prior to such anniversary date, addressed to both the Operator at its address herein stated, and to the Boazd at the address herein stated. In the event of such cancellation, this Financial Warranty shall nevertheless remain in full force and effect as respects the reclamation of all azeas disrurbed prior to the effective date of such cancellation, tmless and until the Operator shall file a substitute Financial Warranty which: (1) assumes liability for all reclamation obligations which shall have arisen az any time while this Financial Warranty is in force; and (2) is accepted in writing by the Boazd. In the evrnt of such cancellation, if the Financial Warranty is not fully released, the amount of the contimring Fiaancia] Warranty available for the reclamation of azeac disturbed and unreclaimed az the date of cancellation shall be fixed by the Board at the amount it determines necessary to complete such reclamation (which amount may not exceed the sum designated herein) and the Boazd shall concurrently identify such azeas in writing, and notify the Warrantor and the Operator thereof. Thereafrer, the obligation of the Warrantor shall be limited to reclamation of the azeas so identified. The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's obligation hereunder. The Board taay make demand upon the Warrantor for payment hereunder if the Board determine thaz reclamation which ought to have been performed by the Operator, or its successors or assigns, rem'=*+~ unperformed, and if Financial Warranty forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State to receive the amount so demanded. 'However, if, upon completion of reclamation by the State, the amounts expended for reclamation shall be less than the amount _eaived from the Warrantor, the excess shall be prompdy refunded to the Warrantor. If demand is made upon the Warrantor for payment of an amount due to the Boazd hereunder, and if the Warrantor fails to make payment of such amount within ninety (90) days after the date of receipt of such demand, or if it should thereafter be determined, by agreement of the Warramor or by final judgment of court, that the amount demanded was properly payable, the Warramor agrees to pay to the $oard, in addition to the amoum demanded, interest at the prime rate in effect from time m [brae az The United Bask of Denier for the period commencing at the end of such ninety-day period and ending oa the daze of actual payment.