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WHEREAS, the Operator hereby gives the Board a performarrcc warranty pursuant to <br />Section 34-3 or Section 3 4-32.5-117(2) of the Act, and herein prorrrises the Board that it will comply <br />with all applicable requirements of the Act with regard to those Affected Lands. <br />NCAV, THFREFORL, the Operator hereby promises the Board that it will comply with all applicable <br />rcquircrrlents of the Act and rules and regulations of the Board with respect to the Affected Lands. <br />FURTHER. the Operator hereby promises the Board that it will comply with all of the ten of the <br />application for a permit, as amended and supplemented, as well as any conditions attached to the permit by the <br />k3oard. <br />1 t_i RTHLR, the Operator promises the Board, pursuant to 34- 32- 112(2)(d) or 34- 32.5- 112(1)(c)(1v) of the <br />Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but <br />,rot limited to, reclamation. The Operator further recognizes the right of the Board to enter to reclaim lands <br />affected by the operation. <br />The description of lands herein is for convenience of reference only, and no error in such description, nor <br />any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted <br />mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of <br />all such lands disturbed. <br />The obligation of the Operator hereunder is such that, ifthe Operator shall successfully comply with the <br />requirertrents ofthe Act, applicable rules and regulations, and theper - mit, then the Board, upon a finding that the <br />Operator has so complied, shall release this performance warranty, and the Operator from its obligation <br />hcrcunder, to the extent that the Board determines that such compliance has been accomplished. The obligation <br />of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with <br />applicable law. <br />I r further satisfaction o ('the requirements of the Act, the Operator promises to be responsible for the cost <br />o f reclamation up to the amount established by the Board and has attached hereto its financial warranty, which <br />may he amended from time to time. The Operator agrees that it will maintain a financial warranty (or wan•anties) <br />for the estimated costs o f reclamation in good standing for the entire life of the permit. Please note that under the <br />prop isions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the <br />F\lraetlOrl 0f Construction Materials, any Applicant or Operator that submits proof, acceptable to the Board or <br />Div iyion of Reclamation, Minim- and Safety, that an Applicant or Operator is a unit of County or Municipal <br />r� or is a department or division of Statc government, the Applicant or Operator is not required to <br />suhnrit or post any other instrurrrcnt of financial responsibilitybut hereby promises to beresponsible for the cost <br />of' rcclarrritlon up to the amount specified by the Board. <br />I f the Board determines that the Operator is in default carder this performance warranty and has failed 1.0 <br />cnrc such defar.rlt, although \.� ritten notice of such default. and ample time to cure such default have been given, <br />111c Operator's financial wan shall be subject to forfeiture. <br />This performance warrant may he e.xecutcd in multiple copies, each of which shall be treated as an <br />origlwll, but together they constitute only one agreement, the validity and interpretation of which shall be <br />��u�crncd by the laws of the State of Colorado. <br />