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-2- <br />NOW, THEREFORE, the Operator hereby promises the Board that it will corn 1 M <br />requirements of the Act and rules and regulations of the Board with respect to the Affec d ldsph?le <br />FURTHER, the Operator hereby promises the Board that it will comply with all of the terms of the <br />application for a permit, as amended and supplemented, <br />the Board as well as any conditions attached to the permit by <br />. <br />FURTHER, the Operator promises the Board, pursuant to 34-32-112(2xd) or 3432.5-11 1 c tv <br />of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct u x o ) <br />including, but not limited to, reclamation. The Operator further recd Ong operations, <br />to reclaim lands affected b the o gnizes the right of the Board to enter <br />by Aeration. <br />The description of lands herein is for convenience of reference only, and no error in such description, <br />nor any revision of the permitted mining area,-nor the disturbance by the Warrantor of lands outside of the <br />per nutted mining area shall alter or diminish the Operators obligation hereunder, which shall extend to the <br />reclamation of all such lands disturbed. <br />The obligation of the Operator hereunder is such that, if the operator shall successfully comply with <br />the requirements of the Act, applicable rules and re <br />that the O erator has so complied, rations, and the permit, then the Board, upon a finding <br />p shall release this performance warranty, and the operator from its <br />obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. <br />The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in <br />accordance with applicable law. <br />In further satisfaction of the requirements of the Act, the Operator promises to be responsible for th <br />which e <br />cost of reclamation up to the amount established by the Board and has attached hereto its financial yarran maybe amended from time to time. The Operator agrees that it will maintain <br /> a financial warranty (or <br />warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. Please <br />note that under the provisions of the Colorado Nfined Land Reclamation Act and the Colorado Land <br />Reclamation Act for the Extraction of Construction Materials, any Applicant or Operator that submits proof; <br />acceptable to the Board or Division of Minerals and Geology, that an Applicant or Operator is a unit of <br />County or Municipal government, or is a department or division of State government, the Applicant or <br />Operator -is not required to submit or post any other instrument of financial responsibility but hereby <br />promises to be responsible for the cost of reclamation up to the amount specified by the Board. <br />If the Board determines that the Operator is in default under this performance warranty and has failed <br />to cure such default, although written notice of such default and ample time to cure such default have been <br />given, the Operator's financial warranty shall be subject to forfeiture.