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<br />(B.) The term of this permit will expire on November 3, 1991. <br />(C.) This permit is issued subject to the following conditions and <br />agreements: <br />(1.) Operator agrees to be bound by all lawful requirements of the <br />Colorado Surface Coal Mining Reclamation Act (C.R.S. 34-33-101 et seq.) ("the <br />Act"), all lawful rules and regulations thereunder, as amended mom ttime to <br />time, and all provisions of this permit. <br />(2.) If analyses of the mining and reclamation operation and the <br />data collected through monitoring and experimentation by the operator or <br />monitoring by the Division indicate in the judgment of the Division that the <br />operation will not be able to comply with the requirements of the Act and <br />lawful rules artd regulations thereunder, operator hereby agrees to exercise <br />its best efforts, after consulting with the Division, to modify the plans <br />prospectively to correct such deficiencies. Such modifications may require <br />technical revisions or amendments to the permit. <br />(3.) This permit may be revoked or suspended for non-compliance <br />with the Act or lawful rules or regulations promulgated by the Board. <br />t4.) {a.) Operator hereby bargains, sells and conveys unto the <br />State of Colorado tfie right to enter upon the lands above described and to <br />accomplish thereon the reclamation of such lands as required by this permit <br />and by applicable law. <br />(b.) Such right to enter shall be exercisable only if the <br />Board or the Division shall have lawfully determined: <br />(i.) that reclamation required by law to have been <br />performed upon such lands has not been performed, and that <br />(ii.) the bond or surety forfeiture proceedings described <br />in the Act or similar provisions of subsequent laws, if <br />any, have been initiated. <br />(c.) Such right to enter shall be exercisable only within the <br />period of time expiring twenty-one (21) years after the death of all the <br />individuals whose names appear on this permit on the date of its issuance. <br />Such right shall automatically expire when reclamation has been completed and <br />sureties released. <br />I. d.) Such right to enter is in addition to other lawful <br />rights of the State to enter upon such lands. <br />