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2. The Operator is in default under its Performance Warranty, and such default has not been <br />cured, although written notice and ample time to cure such default has been given; or <br />3. The Operator has failed to maintain its Financial Warranty in good standing as required by <br />the Act; or <br />4. The Financial 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 <br />mining area shall alter or diminish the obligations of the Warrantor and/or the Operator hereunder, which shall <br />extend to the 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 United States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. 228.13, then the Operator, <br />having requested that the Board and the U.S.F.S. accept this single Financial Warranty in lieu of the separate <br />bonds which would otherwise be required by applicable law, hereby agrees 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 <br />the 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 the financial warranty has been released by the Board. <br />If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land Commissioners <br />("Land Board"), and if this 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, having requested that the Board accept this <br />Financial Warranty in lieu of the separate bonds which would otherwise be required by the Colorado Mined Land <br />Reclamation Board or Division of Reclamation, Mining and Safety and by the Land Board, hereby agrees that, <br />notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain in full force and <br />effect until the Board is notified in writing by the Land Board that the Operator's obligations to the Land Board, <br />for which this Warranty is executed, have been satisfied, and until the financial warranty has been released by the <br />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 <br />the 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 Untied States, then, notwithstanding any other provision of this Financial <br />Warranty, or of law, the Operator hereby agrees that this Financial Warranty shall not be released until the Board <br />is advised in writing by the BLM that the Operators obligations to the BLM, for which this warranty is executed, <br />have been satisfied, and until the financial warranty has been released by the Board.