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2010-06-17_REVISION - M1982033
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2010-06-17_REVISION - M1982033
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Last modified
6/16/2021 2:19:15 PM
Creation date
7/22/2010 8:03:31 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1982033
IBM Index Class Name
REVISION
Doc Date
6/17/2010
Doc Name
SO Approval
From
DRMS
To
Malouff Construction Inc.
Type & Sequence
SO2
Email Name
MET
WHE
SSS
Media Type
D
Archive
No
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-4- <br />If this Financial Warranty applies to National Forest System lands, and if this Financial Warranty <br />is accepted by the United States Forest Service ("U.S.F.S. ") as the bond required under 36 C.F.R. <br />228.13, then, the Operator having requested that the Board and the U.S.F.S. accept this single Financial <br />Warranty in lieu of the separate bonds which would otherwise be required by applicable law, hereby <br />agrees that, notwithstanding any other provision hereof, or of law, this Financial Warranty shall remain <br />in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's <br />obligations to U.S.F.S. for which this warranty is executed have been satisfied and until its release has <br />been approved by the Board. <br />If this Financial Warranty applies to lands under the jurisdiction of the State Board of Land <br />Commissioners ("Land Board"), and if this Financial Warranty, in whole or in part, is accepted by the <br />Land Board as the bond required under its applicable law and procedures, then, the Operator having <br />requested that the state accept this Financial Warranty in lieu of the separate bonds which would <br />otherwise be required by the Colorado Mined Land Reclamation Board or Division of Minerals and <br />Geology and by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or of <br />law, this Financial Warranty shall remain in full force and effect until the Board is notified in writing by <br />the Land Board that the Operator's obligations to the Land Board, for which this warranty is executed, <br />have been satisfied and until its release is approved by the Board. <br />If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land <br />Management, United States Department of the Interior, ("the BLM") and if at the request of the Operator <br />on this Financial Warranty the BLM has, pursuant to 43 C.F.R. 3809.1-9, accepted this Financial <br />Warranty in lieu of requiring a separate reclamation bond payable to the United States, then, <br />notwithstanding any other provision of this Financial Warranty, or of law, the Operator hereby agrees <br />that this Financial Warranty shall not be released until the Board is advised in writing by the BLM that <br />the Operator's obligations to the BLM, for which this warranty is executed, have been satisfied and until <br />its release is approved by the Board. <br />This Financial Warranty may be executed in multiple copies, each of which shall be treated as <br />an original, but together they constitute only one agreement, the validity and interpretation of which shall <br />be governed 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 <br />and assigns. <br />Signed and dated this XA_ day of 26'& a a,.sY /!U 2 <br />nl0aAt (SEAL) <br />Operator
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