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IAN-"12-03 14:07 FROM-Colorado Division of Minerals & Geoloay +13036663567 T-306 P-005/007 F-653 <br />1}- <br />Interest on Certificates of Deposit shall not be credited to the Certificate of Deposit. The Operator shall <br />receive all such interest. <br />The operator may, from time to time, withdraw a Certificate of Deposit which is assurance hereunder if and <br />to the extent that a substitute Certificate of Deposit is simultaneously deposited as assurance hereunder in <br />the same amount as the Certificate withdrawn, <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., 252. 13, then the <br />Operator, having requested that the Board and the U.&F.S. accept this single Financial Warranty in lieu of <br />the separate bonds which would otherwise be required by applicable law, hereby agrees that, notwithstanding <br />any other provision hereof, or of law, this Financial Warranty shall remain in full force and effect until <br />U.S.F.S. has advised the Board by written notice that the Operators obligations to U.S.F_S., for which this <br />Warranty is executed, have 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 <br />bond required under its applicable law and procedures, then the Operator, having requested that the State <br />accept this Financial Warranty in lieu of the separate bonds which would otherwise be required by the <br />Colorado Mined Land Reclamation Board or Division 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 <br />Board, for which this Warranty is executed, have been satisfied, and until the financial warranty has been <br />released 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 ii; at the request of the Operator on this Financial <br />Warranty, the'BLM has, pursuant to 43 C.F.R., 3909.1-9, accepted this Financial Warranty in lieu of <br />requiring a separate reclannation bond payable to the United States, then, notwithstanding any other <br />provision of this Financial Warranty, or of law, the Operator hereby agrees that this Financial Warranty shall <br />not be released until the Board is advised in writing by the BIM that the Operator's obligations to the BLK <br />for which this Warranty is executed, have been satisfied, and until the financial warranty has been released <br />by the Board. <br />This Financial Warranty may be executed in multiple copies, each of which shall be treated as an original, <br />but to ether they constitute only one agreennent, the validity and interpretation of which shall be governed <br />by the laws of the State of Colorado. <br />The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and <br />assigns.