_ENFORCEMENT - C1981017 ‎(14)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ Violation
• Media Type: D
• Archive: No

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(3) Surety reserves the right to cancel this bond, effective only
upon an anniversary date, and only by giving written notice to that effect.
mailed by certified mail , at least ninety (40) days prior to such anniversary
date, addressed to both the Principal , at its address herein stated, and to
the Division at 1313 Sherman Street, Room 215, Denver, Colorado 80203. In the
event of such cancellation, this bored shall nevertheless remain in full force
and effect as respects the reclamation of all areas disturbed prior to the
effective date of such cancellation, unless and until the Principal shrill file
a substitute bond which: i ) assumes liability for all reclamation obligations
which shall have arisen at any time while this bond is in force, and
2) is accepted in writing by the Board or Division.
(4) In the event of such cancellation, if the bond is not fully
released, the amount of the continuing bond available for the reclamation of
areas disturbed and unreclaimed at the date of cancellation, shall be fixed by
the Board or the Division at the amount it determines necessary to complete
such reclamation (which amount may not eAceed the sum designated in the first
paragraph hereof) and the Board or Division shall concurrently identify such
areas in writing, and notify the Principal and the surety thereof.
Thereafter, the obligation of the surety shall be limited to reclamation of
the areas so identified.
(5) The consideration for surety' s execution of this agreement is the
promise of the Principal to pay the premiums , but failure by the Principal to
pay such premiums shall not invalidate or diminish surety's obligation
hereunder.
(6) The description of lands herein set forth is for convenience of
reference only, and no error in such description, nor any revision of the
permitted mining area, nor the disturbance by the Principal of lands outside
of the permitted mining area shall alter or diminish the obligation of the
Principal or the surety hereunder, which shall extend to the reclamation of
all such lands disturbed.
(7) The obligation of this bond shall continue (unless cancelled
pursuant to paragraph (3) hereof) until released in writing by the State , with
the concurrence of OSMRE, in accordance with applicable laws specifying bond
release procedures. The parties understand that periods of years may
necessarily be required before determination can be made that reclamation work
has been satisfactorily completed. No revision, extension, or renewal of the
Operator's mining permit, or of the time allowed the Operator to complete
reclamation shall diminish surety's obligation hereunder. No
misrepresentation by the Principal which may have induced the surety to
execute this bond shall be any defense to demand by the State under this
agreement.
(8) The surety will give prompt written notice, mailed by certified
mail , to the Principal , at its address herein stated, and to the Division at
1313 Sherman Street, Room 215, Denver, Colorado 80203, of any notice received
or action filed alleging the insolvency or bankruptcy of the surety, or
alleging any violations of regulatory requirements which could result in
suspension or revocation of the surety' s license to do business.
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