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<br /> <br />-2- <br />NOW, THEREFORE, the Pemdttce hereby promises the Board that it will comply with all applicable <br />requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. <br />FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the <br />application for a pemrit, as amended and supplemented, as well as any conditions attached to the permit by the <br />Board. <br />FURTHER, the Permittee promises the Board, pursuant to 34-32-1 l2(2)(d) or 34-32.5-112(1)(c)(iv) <br />of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, <br />including, but not limited to, reclamation. The Pennittce further recognizes the right of the Board to enter to <br />reclaim lands affected by the operation. <br />The description of lands herein is for convenience of reference only, and no error in such description, <br />nor any revision of the permitted mining azea, nor the disturbance by the Warrantor of lands outside of the <br />permitted mining area shall alter'or diminish the Pemuttce's obligation hereunder, which shall extend to the <br />reclamation of all such lands disturbed. <br />The obligation of the Permittce hereunder is such that, if the Permittee shall successfully comply with <br />the requirements of the Act, applicable roles and regulations, and the permit, then the Board, upon a finding that <br />the Permittce has so complied, shall release this performance warranty, and the Permittee from its obligation <br />hereunder, to the extent that the Board determines that such compliance has been accomplished. The obhgation <br />of the Permittee hereunder shall continue until released in whole or in part by the Board in accordance with <br />applicable law. <br />In further satisfaction of the requirements of the Act, the Permittee promises to be responsible for the <br />cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty, <br />which may be amended from time to time. The Permittee agrees that it will maintain a financial warranty (or <br />warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please note <br />that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act <br />for the Extraction of Construction Materials, any Applicant or Permittee that submits proof, acceptable to the <br />Board or Division of Minerals and Geology, that an Applicant or Permittce is a unit of County or Municipal <br />government, or is a department or division of State government, the Applicant or Permittee is not required to <br />submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost <br />of reclamation up to the amount specified by the Board. <br />If the Board determines that the Permittce is in default under this performance warranty and has failed <br />to cure such default, although written notice of such default and ample time to cure such default have been given, <br />the Permittee's Financial warranty shall be subject to forfeiture. <br />