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If the Board determines that the Operator is in default under this performance warranty and has <br />failed to cure such default, although written notice of such default and ample time to cure such default <br />have been given, the Operator's financial warranty shall be subject to forfeiture. <br />This performance 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 <br />shall 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 -and assigns. <br />SIGNED, SEALED AND DATED this day of <br />Yuma County Road & Bridge (SEAL) <br />Operator <br />By: <br />Title: <br />NOTARIZATION OF OPERATOR'S ACKNOWLEDGEMENT <br />STATE OF ) <br />) ss. <br />COUNTY OF <br />The foregoing instrument was acknowledged before me this day of <br />b as of <br />APPROVED: <br />State of Colorado <br />Mined Land Reclamation Board <br />Division of Reclamation, Mining and Safety <br />B Date: <br />Division Director <br />M:\ min \share \bondforms\Yerformance Warranty.doc (05/26/2004) <br />NOTARY PUBLIC <br />My Commission expires: <br />