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-5- <br />The description of lands herein is for convenience of reference only, and no <br />error in such description, nor any revision of the permitted mining area, nor <br />the disturbance by the Operator of lands outside of the permitted mining area <br />shall alter or diminish the obligations of the Operator and/or Warrantor <br />hereunder, which shall extend to the reclamation of all such lands disturbed. <br />If this Financial Warranty applies to National Forest System lands, and if <br />this Financial Warranty is accepted by the United States Forest Service <br />("U.S.F.S.") as the bond required under 36 C.F.R. 252.13, then the Operator, <br />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 <br />applicable law, hereby agrees that, notwithstanding any other provision <br />hereof, or of law, this Financial Warranty shall remain in full force and <br />effect until U.S.F.S. has advised the Board by written notice that the <br />Operator's obligations to U.S.F.S., for which this Warranty is executed, have <br />been satisfied, and until the financial warranty has been released by the <br />Board. <br />If this Financial Warranty applies to lands under the jurisdiction of the <br />State Board of Land Commissioners ("Land Board"), and if this Financial <br />Warranty, in whole or in part, is accepted by the Land Board as the bond <br />required under its applicable law and procedures, then the Operator, having <br />requested that the State accept this Financial Warranty in lieu of the <br />separate bonds which would otherwise be required by the Colorado Mined Land <br />Reclamation Board or Division and by the Land Board, hereby agrees that, <br />notwithstanding any other provision hereof, or of law, this Financial Warranty <br />shall remain in full force and effect until the Board is notified in writing <br />by the Land Board that the Operator's obligations to the Land Board, for which <br />this Warranty is executed, have been satisfied, and until the financial <br />warranty has been released by the Board. <br />If all or any part of the Affected Lands are under the jurisdiction of the <br />Bureau of Land Management, United States Department of the Interior (the <br />"BLM"), and if, at the request of the Operator on this Financial Warranty, the <br />BLM has, pursuant to 43 C.F.R. 3809.1-9, accepted this Financial Warranty in <br />lieu of requiring a separate reclamation bond payable to the United States, <br />then, notwithstanding any other provision of this Financinal Warranty, or of <br />law, the Operator and Warrantor hereby agree that this Financial Warranty <br />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, <br />have been satisfied, and until the financial warranty has been released by the <br />Board. <br />This Financial Warranty may be executed in multiple copies, each of which <br />shall be treated as an original, but together they constitute only one <br />agreement, the validity and interpretation of which shall be governed by the <br />laws of the State of Colorado.