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<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 State 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 />notwi thstardi ng . any oth r peon: si on here-,,f, or of 1 aw, this Finarci al Warranty
<br />shall remain in full force and affect 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 the
<br />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 United States,
<br />then, notwithstanding any other provision of this Financinal Warranty, or of
<br />law, the Operator and Warrantor hereby agree that this Financial Warranty
<br />shall not be released until the Board is advised in writing by the BLM that
<br />the Operator's obligations to the BLM, for which this Warranty is executed,
<br />have been 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.
<br />The provisions hereof shall bind and inure to the benefit of the parties
<br />hereto and their successors.and assigns.
<br />Signed and dated this 1st day of April , 1995 .
<br />The Aetna Casualty and Surety Company
<br />Warrantor
<br />By a, a
<br />Ant ny Aguilar, Attorney-in-Fact
<br />Andesite Rock Company
<br />Operator
<br />B
<br />y
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