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-2- <br /> The Operator further promises the Board, pursuant to 34-32-112(1)(d) <br /> of the Act, that it has the lawful authority to enter upon the Affected Lands <br /> to conduct mining operations, including, but not limited to, reclamation. <br /> The description of lands herein is for convenience of reference only, <br /> and no error in such description, nor any revision of the permitted mining <br /> area, nor the disturbance by the Warrantor of lands outside of the permitted <br /> mining area shall alter or diminish the Operator's obligation hereunder, which <br /> shall extend to the reclamation of all such lands disturbed. <br /> The obligation of the Operator hereunder is such that, if the <br /> Operator shall successfully comply with the requirements of the Act, <br /> applicable rules and regulations, and the permit, then the Board, upon a <br /> finding that the Operator has so complied, shall release this performance <br /> warranty, and the Operator from its obligation hereunder, to the extent that <br /> the Board determines that such compliance has been accomplished. The <br /> obligation of the Operator hereunder shall continue until released in whole or <br /> in part by the Board in accordance with applicable law. <br /> In further satisfaction of the requirements of the Act, the Operator <br /> has attached hereto its financial warranty, which may be amended from time to <br /> 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 <br /> entire life of the permit. <br /> If the Board determines that the Operator is in default under this <br /> performance warranty and has failed to cure such default, although written <br /> notice of such default and ample time to cure such default have been given, <br /> the Operator's financial warranty shall be subject to forfeiture. <br /> This performance warranty may be executed in multiple copies, each of <br /> which 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 the State of Colorado. <br /> The provisions hereof shall bind and inure to the benefit of the <br /> parties hereto and their successors and assigns. <br /> Signed and dated thi s c day of . . <br /> Tj,�C.q CO.(�T\ `lwla/I/=` ' O4ki /IJOH �,EC� <br /> Operator <br /> By <br />