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WHEREAS, the Operator hereby gives the Board a performance warranty purauar» to <br />Section 3432- t 17(2) or Section 3432.5-117(2) of the Act, and herein promises the Boatel that it will comply <br />with alt applicable requirements of the Act with regard to those Affected Lands. <br />NOW, THEREFORE, the Operator hereby promises the Board that it will comply with alI applicable <br />requirements of the Act and rules and regulations of the Board with respect to the AfLected Lands. <br />FURTHER, the Operator hereby promises the Boats that it will comply with all of the terns of the <br />application for a permit, as matended and sttpplemented as well as any conditions attached to the permit by the <br />Board. <br />FURTHER, the Operatorpromises the Board, pursuant to 3432-112(2xd) or 3432.5-112(Ixcxiv) ofthe <br />Act, that it has the lawflil authority to enter upon the Affected Lands to conduct tninurg operations, including, but <br />not limited to, reclatnatien. The OpetaOOr further rewgnizes the right of the Board to to rechsim lands <br />affected by the operation. <br />The desaipeion of bards herein u for convenience ofreference only, and no error in such description, »or <br />any revision ofthe permitted mining area, trot the disturbance by the Warrantor of lands outside of the permitted <br />mining area shall alter or diminish the Operator's obligation hereunder. which shall extend to the reclamation of <br />all such lands disturbed. <br />The obligation of the Operator hereunder is such that, if the Operator shall successfully oomply with the <br />requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the <br />Operator has so complied, shall release this performance warranty, and the Operator from its obligation <br />hereunder, to the extent that the Board determines that such compliance has been accomplished The obligation <br />of the Operator hercuada shalt continue until released in whole or in part by the Board in accordance with <br />applicable law. <br />1n further satisfaction of the requirrmeatta ofthe Act, the Operatorpromises to be responsible for the test <br />of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which <br />tray be amended from time to titre. The Operator agrees that it will maintain a Snaacial warranty (or wtaranties) <br />for the estimated costs ofreclamation in good standing far the entire life ofthepermit. Pleaseaotethat under the <br />provisions of the Colorado Mined Land Reclamation Act and rho Colorado Land Reclamation Act for the <br />Extraction of Construction MateriaL~, any Applicant or Operator that submits proof; acceptable to the Board or <br />Division of Reclamation, Mirring and Safety, that an Applicam or OperaWr is a unit of County or Municipal <br />government, or is a department or division of State government, the Applicant or Operator is not required to <br />submit or post any other instrument offitretuial respotrsibility but hereby promises W be responsible for the cost <br />of reclamation up to the amount specified by the Board. <br />Ifthe Board determims that the Operator is in default u-tderthis perfomrartce warranty and here failed ro <br />cure such default, although written notice of such default and ample time to cure such defauH have been given, <br />the Operator's 6nencia! warranty shalt be subject to forfeiture. <br />This performance warranty tray be executed is 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 ofthe State of Cobrado. <br />