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FEB-15.99 10:33AM FROM-LINDEN C01V OF GJ +9702459016 • T-031 P.09/II F-077 <br /> If the Board shall notify the Warrantor that the Operator is in default, and if the Board shall initiate any <br /> Financial Warranty forfeiture procedures required by law or regulation, the Warrantor may, in lieu of <br /> [Waking payment to the Board of the amount due hereunder,cause the reclamation to be timely performed <br /> in accordance with all requirements of tits Act and all applicable Hilts and regulations. In such evm <br /> when and if the reclamation has been timely performed to the satisfaction of the Board or Division, this <br /> Financial Warranty shall be released. If the reclamation shall not be so performed to the suida don of <br /> the Board or Division, ibis Financial Warranty stall remain in full force and effect. <br /> This Financial Warranty shall be subject to forfature whenever the Board determines that say one or <br /> more of the following circumstances exist: <br /> 1. A Cease and Desist Order entered pursuant to Section 34-32.124 of the Act her been <br /> violated, and the corrective action proposed in such Order has not been completed, although ample time <br /> to have done so has elapsed; or <br /> 2. The Operator is in default under its Performance Warranty, and such default has nor <br /> been cured. although written nonce and ample time to cure such default has been given: or <br /> 3. The Operator andfot the Warrantor has failed to maintain its Fivancid Warranty in good <br /> standing as required by the Act; or <br /> 4. The Warrantor no longer has the fumocial ability to carry out its obligations in <br /> accordance with the Act. <br /> The description of Iands hiereW is for convenience of reference only, and no error in such description, <br /> nor airy revision of the permitted mining area, nor the disttubanee by the operator of lands outside of <br /> the permitted mining ate shall alter or dmuntsb the obligations of the Operator and/or Warrantor <br /> hereunder, which shall extend to the reclamation of all such lands disturbed. <br /> If this Financial Warruity applies to National Forest System Inds, and if this Financial Warranty is <br /> accepted byte United States Forest Service('U.S.F.S.')as the bond required under 36 C.F.R.25Z.13. <br /> [ben the Operator,having requested that the Board ad the U.S.F.S.accept this single Financial Warmly <br /> in lie of the separate bonds which would otherwise be required by applicable law, hereby agrees that. <br /> twtwitlutamding any other provision bereof, or of law.this Farmcial Warranty shall retrain in fall force <br /> and dlea until U.S.F.S. her advised the Board by writtat notice that the Operator's obligations to <br /> U.S.F.S.. for which this War amy is executed,have been satisfied,mad until the uncial warranty has <br /> been released by the Board. <br /> If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land <br /> Commissioners (•Land Board").and if this Financial Warranty, in whole or in pant, is acc peed by the <br /> Lard Board as the bond requited umder its applicable law and prose&=. then the operator, having <br /> requested that the Soto accept this Financial Warranty in lieu of the aepatue bonds which would <br /> otherwise be tte#dyad by the Ccdorsdo Mined Land Rodaz=on Boar! or Division of Minerals and <br /> Geology and by the Land Board,hereby ag ees that, notwilbsunding any other provision baeof, or of <br /> law,this Fin ntdal Wurartty shall remain in!Sill font and effea until the Board is notified in writiag by <br /> the La d.Board that the Operator's obligations to the Land Board,fix which this Wuaaty is ecmuted, <br /> have berm atisfued, and unto the financial warrimy has ben released by the Board. <br />