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3- <br />Phis 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. Inc. (SEAL) <br />Perrttittee <br />By: <br />Title: <br />NOTARIZATION OF PERMITTEE'S ACKNOWLEDGEMENT <br />STATE OF <br />COUNTY OF <br />ss. <br />The foregoing instmment was acknowledged before me this day of , by <br />---------- <br />- - -- - <br />as of <br />APPROVED: <br />State of Colorado <br />Mined Land Reclamation Boazd <br />Division of Minerals and Geology <br />By: <br />Division Director <br />NOTARY PUBLIC <br />My Commission expires: <br />Date: <br />M:\OSS\TDDVempVvl-AP-20_M2002119_ESC_20030404_102029 AM.dx <br />