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-3- <br />This performance warranty may be executed in multiple copies, each of which shall be treated as an <br />original, but together they constitute only one agreement, the validity and interpretation of which shall be <br />governed by the laws of the State of Colorado. <br />The provisions hereof shall bind and inure to the benefit of the parties hereto and their <br />successors and assigns. <br />SIGNED, SEALED AND DATED this day of , <br />Elam Construction, Ina (SEAL) <br />Permittee <br />By: <br />Title: <br />STATE OF <br />COUNTY OF <br />} ss. <br />The foregoing instrument was acknowledged before me this day of , by <br />-- ---------- <br />as - f - - - - - - <br />NOTARIZATION OF PERMITTEE'S ACKNOWLEDGEMENT <br />0 <br />NOTARY PUBLIC <br />My Commission expires: <br />APPROVED: <br />State of Colorado <br />Mined Land Reclamation Board <br />Division of Minerals and Geology <br />By: <br />Division Director <br />Date: <br />M:\O55\TOD\~emp\M-AP-20_MZOOZI t9_ESC_20030404_f02029 AM.tloc <br />