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<br />'%VHEREAS, the Operator hereby gives the Board a performance waminty pursuant to
<br />Section 34-32-117(21 or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply
<br />u-ith all applicable requirements of the Act with regard to those Affected Latick
<br />NOW. THEREFORE, the Operator hereby promises the Board that it will comply with all applicable
<br />requirements of the Act and rules and regulations of the Hoard with. respect to the Affected Lands.
<br />FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the
<br />application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the
<br />Board.
<br />FURTHER, the Operator promises the Board, pursuant to 34-32-112(2)(d) or 34-32.5-11.2{l X(iv) of the
<br />Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but
<br />not limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands
<br />affected by the operation.
<br />The description of lands herein is for convenience ofreference only, and no error in such description, nor
<br />any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the pennitted
<br />mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of
<br />all such lands disturbed.
<br />The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the
<br />requirements of the Act, applicable rules and regulations, and the permit; then the Board, upon a. finding that the
<br />Operator has so complied, shall release this performance warranty, and the Operator from its obligation
<br />hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation
<br />of the Operator 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 Acl, the Operator promises to he responsible for the cost
<br />of reclamation up to the amount established by the Board and has attached hereto its financial warranty, which
<br />may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties)
<br />for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the
<br />provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the
<br />Fxtraction of Construction Materials, any Applicant or Operator that submits proof' acceptahle to the Board or
<br />Division of Reclamation, Mining and Satet?{, that an applicant or Operator is a unit of County or %Nfanic:.ipal
<br />gaxr :"ffrnen soo is a dt PaSt`tl-m.i or di-vi i0 -id Stade- go; e-I'f3m, ew., [fie ppi?S;W-ji or Omator is tu-)i re wire'. to
<br />?i'atl?;;"; it fY1` lS[?'?`t arty l7il'ea„s ti3': i?1"€s f1t of t'fi".i?' t. l I 'ptl:te,; l l'f i22t`-% l7ftt. ??i'?;:zl•' pus. a ± r r, : tLt
<br />s tzF. se„ to he e-p ,n_.. le. for vhc cost
<br />s rs:.c.;lxirfs<3%; >r up to flit' amv,3kmt pccif ed l:'_ the Bca.nj.
<br />Ii thy, 0,ard e.terinIt,CS I]h", th ()Perator iS tu} de`auIt u n d e f ?:firs t -,r16rinallcc x'arrant;" ar,d l al 3 fiii.led to
<br />cure such default, tilthough written notice of such default and ample time to cure such default have heen gi%,en,
<br />the Operator's financial warranty shall be subject to forfeiture.
<br />This performance warranty may be executed in multiple copies, each ot'which shall be treated as an
<br />cur: Tinat. hilt T't7 E' 11:`.T they r`onsrirut? only ore- ,a.?gre; inert, the <`:?ILLt#tv El lr.ferE?;'etafien o '.i?s[L;r `:hiFi.l N
<br />S o,rr ;his b1 the haws ot t.ae `,tat: of Colorado:
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