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<br />?SOW, THEREFORE, the Operator hereby promises the Board that it ~~ill comply vtth all applicable <br />requirements of the Act and rules and revelations of the Board with respect to the Affected Lands. <br />FURTF~R, the Operator hereby promises the Board that it will comply ~~ith all of the terms of the <br />application for a permit, as amended and supplemented, as well as any conditions attached to the permit by <br />tie Board. <br />:~:,ZT-rub the Operator promises the Board, pursaant to 3?-32-1 i3(_)(d) or ~?-~25_t t?(1)rc ~~;-,,) <br />of the Act, that it hzs the lawful authority to enter upon the Affected Lands io conduct mitung opzrations, <br />including, but not ?i red to, reclamation. Tne Operator tur?her recognizes the rieht of the Board to enter <br />to rzdam ian~s a~ected by the operation. <br />The description of lands herein is for convenience of reference only, and no error in such description, <br />nor any revision of the permitted mining area, nor the disnarbance by the war. antor of lands outside of the <br />permitted mining area shall alter or diminish The Operator's obligation hereunder, which shall extend to the <br />reclamation of all such lands disturbed. <br />The obligation of the Operator hereunder is such that, if the Operator shall successfially comply with <br />the requirements of the Act, applicable Hales and revelations, and the permit, then the Board, upon a finding <br />that the Operator has so complied, shall release this performance warranty, and the Operator from its <br />obligation hereunder, to the extetrt thaz the Board determines that such compliance has been accomplished. <br />The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in <br />accordance with applicable Iaw. <br />In fiarther satisfaction of the requirements of the Act, the Operator promises io be responsrb]e for the <br />cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, <br />which maybe amended from time to time. The Operator agrees that it will maintain a financial warranty (or <br />warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please <br />note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator that submits proof, <br />acceptable to the Board or Division of Minerals and Geology, that an Applicant or Operator is a unit of <br />County or Municipal government, or is a department or division of State government, the Applicant or <br />Operator is not required to submit or post any other instrument of financia[ responsibility but hereby <br />promises to be responsible for the cost of reclamation up to the amount specified by the Board. <br />If the Board determines that the Operator is in default under this performance warranty and has failed <br />to cure such default, although written notice of such default and ample time to cure such default have been <br />given, the Operator's financial warranty shall be subject to forfeiture. <br />