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:I <br /> -4- <br /> B. The term of this permit will expire on November 5, 1997. <br /> C. This permit is issued subject to the following conditions and <br /> agreements : <br /> 1 . Operator agrees to be bound by all lawful requirements of the <br /> Colorado Surface Coal Mining Reclamation Act (C.R.S. 34-33-101 et sec . ) ("the <br /> Act") , all lawful rules and regulations thereunder, as amended from time to <br /> time, and all provisions of this permit. <br /> 2. If analyses of the mining and reclamation operation and the <br /> data collected through monitoring and experimentation by the operator or <br /> monitoring by the Division indicate in the judgment of the Division that the <br /> operation will not be able to comply with the requirements of the Act and <br /> lawful rules and regulations thereunder, operator hereby agrees to exercise <br /> its best efforts , after consulting with the Division, to modify the plans <br /> prospectively to correct such deficiencies. Such modifications may require <br /> technical revisions or amendments to the permit. <br /> 3. This permit may be revoked or suspended for non-compliance <br /> with the Act or lawful rules or regulations promulgated by the Board. <br /> 4. a. Operator hereby bargains , sells and conveys unto the <br /> State of Colorado the right to enter upon the lands above described and to <br /> accomplish thereon the reclamation of such ]ands as required by this permit <br /> and by applicable law. <br /> b. Such right to enter shall be exercisable only if the <br /> Board or the Division shall have lawfully determined: <br /> i . that reclamation required by law to have been <br /> performed upon such lands has not been performed, and that <br /> ii . the bond or surety forfeiture proceedings described <br /> in the Act or similar provisions of subsequent laws , if any, have been <br /> initiated. <br /> C. Such right to enter shall be exercisable only within the <br /> period of time expiring twenty-one (21 ) years after the death of all the <br /> individuals whose names appear on this permit on the date of its issuance. <br /> Such right shall automatically expire when reclamation has been completed and <br /> sureties released. <br /> d. Such right to enter is in addition to other lawful <br /> rights of the State to enter upon such lands . <br /> 5. The additional stipulations set forth in the attached rider, <br /> if any, are incorporated herein by reference . <br /> / / a) Rider is attached. <br /> /X/ b) No rider is attached . <br />