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<br />t <br /> <br /> <br /> <br /> <br /> <br />1 <br /> <br />L <br /> <br /> <br />_2. <br />WHE1tFAS, the Operator and Safaco Insurance Co an o~ America (the "Warrantor"), <br />a corporation organized and e:cisting under'the taws of the State of Rasyingt on _ - - and du1~' <br />authorized to transact a bonding and surety business in the State of Colorado are hereby and 5rtnly bound unto <br />two Million Two 8uudrtd Sixty Three 2,269,000,00 <br />the State is the Sutn of rnousend and no/100th9-~-------°---""-""' ~Ilars ($ . <br />far the life of mitre or unh't such time as {eplacerrient is received, for the payment of which sure well and truly <br />made, we hereby bind ourselves and cur personal representat{yes, successors and assigns. jointly and severally', <br />Firmly by these presents. <br />Wf1bILEAS, the Board has detetmintd., in accordeace with the Act, that the estitnatod costs of rcclamatlon <br />of the Affecttd Lands are those amounts for the stated periods of time as set Porch ltuein. Said amount tray be <br />amended from tithe to time to reflect revised estimates of said casts of reelamadan. <br />WFiBREAS, the Operator and the warrantor. is acoordaace with the Act. hos promised and hereby proatises <br />the Boatel that it will bo responsible far all the esEinnated costs of reclamation with regard to the Affected Lands. <br />WI~ECtEAS, rho Board has dexnmia~«i that This Financial Warranty by the Warrantor equals rho esttzrtaccd <br />costs of recLitaation, as approved by th'e Eoard, with regard to the Affected Lands. <br />NOW, TI•ff.I2EFO1~, the Operator and the Warraatxu' are treld hereby turnly turto the State of Colorado is <br />the amount of those scans for those periods of tithe as see forth herein, until this Financial Warranty is amended <br />or released in accordance with appiicable taw. . <br />The go~~y, Sot gcod ruse shops,''uicrease or decrease the amotmt and duration of this Financial Warrant`. <br />The Operator shall have si~dy (60) day',s altar the date of aodce of any such adjustment to increase the surd` <br />amount, but ao such iuct+ease shag bind the Watracstor unless and until it shalt have consented thereto in writing <br />by the issuanex of an additional Fiaaaeial Warranty or by an endorseraeat to this Fusanciat Warranty. <br /> The t and the Warrantor shall ~ <br /> warranty. If the Board rectives suclr>r <br /> bxn materially iatpaired, is may com <br /> whether impairruerrt has occurred. <br /> The obligation of the Operator and <br /> Wady or has ordered !t forfeited i <br /> periods of years may necessarily be re <br /> Lands has brtn sazisfnccorily comply <br /> of this Financial Wamtaty mart be i <br />' estimated cost of the tttnaining reel <br />permit, or of the time allowed to com <br /> undo this Financial Warranty. No r <br /> to execuoc this Financial Wacranry s <br />Ey the Board immediately of arsy event which may impair this Financial <br />4 or otherwise has reason to believe that this Financial Warranty has <br />s a hearing iu accordaaet with the Act for tits purpose of determiniatg <br />Warrantor shall eontiaue emtil the Hoard bas released this Financial <br />econianee with applicable provisions of the Ad. It is understood that <br />~od before determinadoa can be made that rcclatttatioa of rho Affbctcd <br />It is also recognized that, as reciamadon is acwmpGshcd, the atnouat <br />iced with the approval of the Board so that it reflects the rhea ctttrettt <br />dioa of the Affected Lands. No revision. ~tensiou. or renewal of rho <br />:e mlamation, shaA diminish the Operator's or Wartanwc's obligation <br />epresentation by the Operator which raay have induced the Warrantor <br />t be any defense to dctnand by the State under this agsremeat. <br />in nay single year during the life ofthe permit, the amount of the Financial Warranty shall not cccced the <br />castof fully reclaiaring atI leads to be affected in said year, plus all loads affecoed is previous Permit <br />years and aert ya fir!]y reciainted. ~lte~clamatian costs shalt be computed with r+cfettnoe to current rectaraadon <br />costs. <br />