2008-03-18_REVISION - M1977023 (4)

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-5- The description of lands herein is for convenience of reference onl error in such description, nor any revision of the permitted miningyareatl nor the disturbance by the Operator of lands outside of the permitted minin are shall alter or diminish the obligations of the Operator and/or Warranto9 a hereunder, which shall extend to the reclamation of all such lands disturbed. If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted by the United States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. 252.13, then the Operator having requested that the Board and the U.S.F.S. accept this single Financi Warranty in lieu of the separate bonds which would otherwise be required b al applicable law, hereby agrees that, notwithstandin an other y hereof, or of law, this Financial Warranty shall remain in fulprforceoand effect until U.S.F.S. has advised the Board by written notice that the been asatisf~ed~gandounti~ the finan for which this Warranty is executed, hav Board. cial warranty has been released by the e If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners ("Land Board"), and if this Financial Warranty, in whole or in part, is accepted by the Land Board as the bond required under its applicable law and procedures, then the Operator, havin requested that the State accept this Financial Warranty in lieu of the g separate bonds which would otherwise be required by the Colorado Mined Land Reclamation Board or Division of Minerals and Geology and by the Land Board hereby agrees that, notwithstanding any other this Financial Warranty shall remain in full for~e~andneffectfuntilotheaBoard is notified in writing by the Land Board that the Operator's obligations to the Land Board, for which this Warranty is executed, have been satisfied an until the financial warranty has been released by the Board. d If all or an ' y part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United States Department of the Interior (the "BLM"), and if, at the request of the Operator on this Financial Warrant BLM has, pursuant to 43 C.F.R. 3809.1-9, accepted this Financial~Warranty'ithe lieu of requiring a separate reclamation bond payable to the United Staty n then, notwithstanding any other provision of this Financial Warrant oreSf law, the Operator and Warrantor hereby agree that this Financial Warrant o shall not be released until the Board is advised in writin b y the Operator's obligations to the BLM, for which this Warranty iseeBecuteat have been satisfied, and until the financial warranty has been released bd Board. y~the This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado.