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-3- <br />to complete reclamation shall diminish the Operator's and/or Warrantor's obligation under this Financial Warranty. <br />In any single year during the life of the permit, the amount of the Financial Warranty shall not exceed the <br />estimated cost of fully reclaiming all lands to be affected in said year, plus all lands affected in previous permit years <br />and not yet fully reclaimed. Reclamation costs shall be computed with reference to current reclamation costs. <br />The amount of this Financial Warranty is based upon estimates as to the cost of reclamation, and does not <br />operate to liquidate, limit, enlarge or restrict the Operator`s obligations to complete the reclamation, even though the <br />actual costs thereof may substantially exceed the amount of this Financial Warranty. <br />This Financial Warranty shall be subject to forfeiture whenever the Board determines that any one or more of <br />the following circumstances exist: <br />1. A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has been violated, and <br />the corrective action proposed in such Order has not been completed, although ample time to have done so has <br />elapsed; or <br />2. The Operator is in default under it Performance Warranty, and such default has not been cured, <br />although written notice and ample time to cure such default has been given; or <br />3. The Warrantor has failed to maintain it Financial Warranty in good standing as required by the Act; <br />or <br />4. The Operator and/or Warrantor no longer has the financial ability to carry out its obligations in <br />accordance with the Act. <br />The description of lands herein is for convenience of reference only, and no error in such description, nor any <br />revision of the permitted mining area, 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 Operator hereunder, which shall extend to the <br />reclamation of all such lands disturbed. <br />If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted <br />by the Untied States Forest Service ("U. S.F.S.") as the bond required under 36 C.F.R. 228.13, then the Operator and <br />Warrantor, having requested that the Board and the U.S.F.S. accept this single Financial Warranty in lieu of the <br />separate bonds which would otherwise be required by applicable law, hereby agree that, notwithstanding any other <br />provision hereof, or of law, this Financial Warranty shall remain in full force and effect until U.S.F.S. has advised the <br />Board by written notice that the 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 />("Land Board"), and ifthis Financial 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 and Warrantor, having requested that the Board <br />accept this Financial Warranty in lieu of the separate bonds which would otherwise be required by the Colorado <br />Mined Land Reclamation Board or Division of Minerals and Geology and by the Land Board, hereby agree that, <br />notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect <br />until the Board is notified in writing 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 approved by the Board. <br />If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United <br />States Department of the Interior (the "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 lieu of requiring a separate <br />reclamation bond payable to the United States, then, notwithstanding any other provision of this Financial Warranty, <br />or of law, the Operator and Warrantor hereby agree that this Financial Warranty shall not be released until the Board