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<br />if the Board shall notify the Warrantor that the Operator is in default, and il'the Board shall initiate any Financial Warranty
<br />forfeiture procedures required by law or regulation, the Warrantor may, in lieu of making payment to the Board of the
<br />amount due hereunder, cause the reclamation to be timely performed in accordance with all requirements of the Act and all
<br />applicable rules and regulations. In such event, when and if the reclamation has been timely performed to the satisfaction of
<br />the Board or Division, this Financial Warranty shall be released. If the reclamation shall. not be so performed to the
<br />satisfaction of the Board or Division, this Financial Warranty shall remain in full force and effect.
<br />'!']I Is h'inancial Warrar ty shall be subjecf to forfeiture whenever the Board determines that ariy one or more of the f6llowi.ng
<br />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 elapsed; or
<br />2. The Operator is in default under its 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 />required by the Act; or
<br />Act.
<br />The Operator andior the Warrantor has failed to maintain its Financial Warranty in good standing as
<br />The Warrantor no longer has the financial ability to carry out its obligations in accordance with the
<br />The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the
<br />permitted mining area, nor the disturbance by the Operator of lands outside of the permitted mining area shall alter or
<br />diminish the obligations of the Operator and/or Warrantor hereunder, which shall extend to the reclamation of all such lands
<br />disturbed.
<br />If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty is accepted by the United
<br />States Forest Service ("U.S.F.S.") as the bond required under 36 C.F.R. 228.13, then the Operator, having requested that the
<br />Board and the U.S.F.S. accept this single Financial Warranty in lieu of the separate bonds which would otherwise be
<br />required by applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty
<br />shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's obligations to
<br />1-!.S. F. S.. for which this Warrant\ is executed, have been satisfied. and until the financial warranty has been released by the
<br />Board.
<br />, .?+e:„-!a t t Rrnni s t ri - t
<br />.)'? Le.z'_1! i ti Cii1 `: E..... ._ xfi' ..
<br />W
<br />.;it. r4 .v., 521 i b:'r,P.!ta t?r '•41?t.3y 2 f:i3?t, r., co '+,.:L? ;t ;.. zh- I_a r:. i M- 3.:911; b_..:, ..•G`uired a. ,.Iica* ..
<br />t[s.. 7 it!.I L:. eil d".1" 3C kit°,. accept thlis' roan iai ti rVlii.s3nt1 in 1.;.. C4 ..Tip cf. .,;3.t,'
<br />r,oft{l: .t:lilr f: e4ould othe r. isc b requ,. ed r3 ' the C, olorado Mined Land Reclamation Board or Di isk-m o Recla'ni iticn,
<br />Mining and Safety and by the land Board. hereby agrees that, notwithstanding any other provision hereof, or of lacy, this
<br />Financial barranty shall remain in full force and effect until the Board is notified in writing by the Land Board that the
<br />Operator's obligations to the Land Board, for which this Warranty is executed, have been satisfied, and until the financial
<br />warranty has been released by the Board.
<br />If' fill or any part of the Affected Lands are Linder the Jurisdiction of the Bureau of 1-.and M.anagetnent,, United States
<br />Dtepartr'jwnt of the interior (the 111.,M"), and €f, at tiie request of the. Operator on this Finan,c.iat Warranty, the 1A.1vi has,
<br />pu.r,su; Mt to 43 C. F.R. 3809.1-9, accepted this Financial. Warranty in lieu of requiring a separate r,sclaniation bond payable to
<br />j`•' ( f 1 th r?, ,t,h°rtfistand€n„= any other provision of this Financial Warrantor of law- the 0per...o -"
<br />Warrantor hereby agree that this Financial Warranty shall not be released until the Board is advised in writing by the BLIM
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