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<br /> <br /> <br />-z- <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 lie re under, which <br />shall extend to the reclamation of a]1 such ]ands 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 perfonnance <br />warranty, and the Operator from its obligation hereunder, to the extent that <br />the Bard determines that such compliance has been accomplished. The <br />obligat:ion 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 atl:ached hereto its financial warranty, which may b8 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 />perfonnance warranty and has failed to cure such default, altnough 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 />agreemcant, the validity and interpretation of which shall be governetl by the <br />laws oi` the State of Colorado. <br />The provisions hereof shall bind and inure to the benefit of the <br />'partie's hereto and their successors and assigns,./~ <br />Signed and dated this /.3 day of ~CL'C.~ , /~~~ <br />KIT CAF~C°I CCUi4TY, CCLO. <br />Operator <br /> <br />