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1 <br />f? <br />FURTHER, the Permittee promises the Board, pursuant to 34-32.5-112(1)(d) of the Act, <br />that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, <br />including, but not limited to, reclamation. The Permittee further recognizes the right of the Board <br />to enter to reclaim lands affected by the operation. <br />The description of lands herein is for convenience of reference only, and no error in such <br />description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of <br />lands outside of the permitted mining area, its agents, contractors, and subcontractors shall alter or <br />diminish the Permittee's obligation hereunder, which shall extend to the reclamation of all such lands <br />disturbed. <br />The obligation of the Permittee hereunder is such that, if the Permittee shall successfully <br />comply with the requirements of the Act, applicable rules and regulations, and the permit, then the <br />Board, upon a finding that the Permittee has so complied, shall release this performance warranty, <br />and the Permittee from its obligation hereunder, to the extent that the Board determines that such <br />compliance has been accomplished. The obligation of the Permittee hereunder shall continue until <br />released in whole or in part by the Board in accordance with applicable law. <br />In further satisfaction of the requirements of the Act, the Permittee has attached hereto <br />its financial warranty, which may be amended from time to time. The Permittee agrees that it will <br />maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing <br />for the entire life of the permit. <br />If the Board determines that the Permittee is in default under this performance warranty <br />and has failed to cure such default, although written notice of such default and ample time to cure <br />such default have been given, the Permittee's financial warranty shall be subject to forfeiture. In <br />addition, the permit to extract construction material may be revoked. <br />This performance warranty may be executed in multiple copies, each of which shall be <br />treated as an original, but together they constitute only one agreement, the validity and interpretation <br />of which shall be governed by the laws of the State of Colorado. <br />The provisions hereof shall bind and inure to the benefit of the parties hereto and their <br />successors and assigns. <br />SIGNED, SEALED AND DATED, this <R day of S F-j'T m rz , 111_T 2___ <br />Stone Wholesale Corporation (SEAL) <br />Permittee <br />By <br />NOTE: Notarization must also be completed on following page.