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accompanied by a signed statement by the Executive Director of the Colorado Department of <br /> Public Health and Environment or their designated representative and the Attorney General of <br /> the State of Colorado or their designated representative, certifying as follows: <br /> We hereby certify that the State of Colorado is entitled to perform certain <br /> actions pursuant to paragraph 25a and/or 25c of the Consent Decree entered <br /> into by the State and Sunnyside Gold Corporation and the amount of the <br /> accompanying draft under letter of credit no. , dated , is <br /> anticipated or estimated to be necessary for the State's performance of these <br /> actions. <br /> f. In the event that the Division draws upon the financial surety pursuant to <br /> either paragraph 25a or 25c above, the amounts will be placed in a custodial fund for its use <br /> pursuant to this Consent Decree. <br /> g. SGC may terminate the financial surety at any time following a <br /> Successful Permit Termination Assessment pursuant to paragraph 14. <br /> XIII. FORCE MA_IEURF <br /> 26. Definition of force majeure. Force majeure is defined, for the purposes of this <br /> Consent Decree, as an event, circumstance, or condition arising from cause(s) beyond the <br /> control of the Party asserting these force majeure provisions that prevents the performance of <br /> any obligation in this Consent Decree, or that causes delays in the performance of such an <br /> obligation that cannot be avoided through the exercise of due care. Force majeure will not <br /> include increased costs or expenses associated with the implementation of this Consent Decree, <br /> or changed financial circumstances; or the failure to apply in a timely manner for any required <br /> 3"1/ 2a"6 28 <br />