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B. The term of this permit will expire on January 13, 1998. <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 se .) ("the <br />Act"), all lawful rules and regulations thereunder, as amended from time to <br />time, and all provisions of this permit. <br />2. If analyses of the mining and reclamation operation and the data <br />collected through monitoring and experimentation by the operator or monitoring <br />by the Division indicate in the judgment of the Division that the operation <br />will not be able to comply with the requirements of the Act and lawful rules <br />and regulations thereunder, operator hereby agrees to exercise its best <br />efforts, after consulting with the Division, to modify the plans prospectively <br />to correct such deficiencies. Such modifications may require technical <br />revisions or amendments to the permit. <br />3. This permit may be revoked or suspended for non-compliance with <br />the Act or lawful rules or regulations promulgated by the Board. <br />4. a. Operator hereby bargains, sells and conveys unto the State of <br />Colorado the right to enter upon the lands above described and to accomplish <br />thereon the reclamation of such lands as required by this permit and by <br />applicable law. <br />b. Such right to enter shall be exercisable only if the Board or <br />the Division shall have lawfully determined: <br />i. that reclamation required by law to have been performed <br />upon such lands has not been performed, and that <br />ii. the bond or surety forfeiture proceedings described in the <br />Act or similar provisions of subsequent laws, if 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 />d. Such right to enter is in addition to other lawful rights of <br />the State to enter upon such lands. <br />-5- <br />