Laserfiche WebLink
e ? . <br />-4- <br />. The description of lands herein is for convenience of reference only, and <br />no error in such description, nor any revision of the permitted mining area, <br />nor the disturbance by the Operator of lands outside of the permitted mining <br />area shall alter or diminish the obligations of the Warrantor and/or the <br />Operator hereunder, which shall extend to the reclamation of all such lands <br />disturbed. <br />If this-Financial Warranty applies to National Forest System lands, and <br />if this Financial Warranty.is accepted by the Untied States Forest Service <br />("U.S.F.S.") as the bond-required under 36 C.F.R. 252.13, then the Operator, <br />having requested that the Board and the U.S.F.S. accept this single Financial <br />Warranty in lieu of the separate bonds which would otherwise be required by <br />applicable law, hereby agrees that, notwithstanding any other provision <br />hereof, or of law, this Financial Warranty shall remain in full force and <br />effect until U.S.F.S. has advised the Board by written notice that the <br />Operator's obligations to U.S.F.S., for which this Warranty is executed, have <br />been satisfied and, until its release, has been approved by the Board. <br />If this Financial Warranty applies to lands under the jurisdiction of the <br />State Board of Land Commissioners ("Land Board"), and if this Financial <br />Warranty, in whole or in part, is accepted by the-Land Board as the bond <br />required under its applicable law and procedures, then the Operator, having <br />requested that the Board accept this Financial Warranty in lieu of the <br />separate bonds which would otherwise be required by the Colorado Mined Land <br />Reclamation Board or Division and by the Land Board, hereby agrees that, <br />notwithstanding any other provision hereof, or of law, this Financial Warranty <br />shall remain in full force and effect until the Board is notified in writing <br />by the Land Board that the Operator's obligations to the Land Board, for which <br />this Warranty is executed, have been satisfied and, until its release, is <br />approved by the Board. <br />If all or any part of the Affected Lands are under the jurisdiction of <br />the Bureau of Land Management, United States Department of- the Interior (the <br />"BLM" ), and if at the request of the Operator on this Financial Warranty the <br />BLM has, pursuant to 43 C.F.R. 3809.1-9, accepted this Financial Warranty in <br />lieu of requiring a separate reclamation bond payable to the Untied States, <br />then, notwithstanding any other provision of this Financial Warranty, or of <br />law, the Operator hereby agrees that this Financial Warranty shall not be <br />released until the Board is advised in writing by the BLM that the- Operator's <br />obligations to the BLM, for which this warranty is executed, have been <br />satisfied and, until its release, is approved by the Board. <br />This Financial Warranty may be executed in multiple copies, each of which <br />shall be treated as an original, but together they constitute only one <br />agreement, the validity and interpretation of which shall be governed by the <br />laws of the State of Colorado.