_ENFORCEMENT - C1981017 ‎(14)‎

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

(3) The description of lands above 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 Principal ' s
obligations hereunder or under the DEED OF TRUST, which shall extend to the
reclamation of all such lands disturbe .
(4) Principal 's obligations hereunder and under the DEED OF TRUST shall
continue 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 the Principal 's obligations hereunder or under the DEED OF TRUST.
(5) The State may exercise its rights under the DEED OF TRUST and
foreclose in accordance with the terms thereof and in accoraance with
applicable provisions of law if the Board or the Division determines, and the
OSMRE concurs, that reclamation which ought to have been performed by the
Principal , or its successors or assigns, remains unperformed. No other
condition precedent need be fulfilled to entitle the State to foreclose upon
the DEED OF TRUST, but before instituting foreclosure proceedings, demand in
writing shall e made upon the Principal . If, upon completion of reclamation
by the State, the amounts expended for reclamation (together with any amounts
payable under paragraph (6) hereof) shall be less than the amount received
upon foreclosure, the excess shall be promptly refunded to the Principal .
(6) If demand is made upon the Principal for payment of an amount due
to the State hereunder, and if the Principal fails to make payment of such
amount within ninety (90) days after the date of receipt of such demand by the
Principal , and if it should, thereafter, be determined, by agreement or by
judgment of court, that the amount demanded was properly payable, the
Principal agrees to pay to the State, in addition to the amount demanded,
interest at the prime rate in effect from time to time at The First National
Bank of Denver for the period commencing at the end of such ninety-day period
and ending on the date of actual payment, together with all reasonable costs
of collection, including reasonable attorneys' fees.
(7) (a) If this bond applies to National Forest System lands, and if
this bond is accepted by the United States Forest Service ("U.S.F.S. ") as the
bond required under 36 C.F.R. , 252.13, then the Principal and the surety,
having requested that the State and the U.S.F.S. accept this single bond in
lieu of the separate bonds which would otherwise be required by applicable
law, hereby agree that, notwithstanding any other provision hereof, or of law,
this bond shall remain in full force and effect until U.S.F.S. has advised the
State that the reclamation work has been satisfactorily completed in
accordance with the requirements of applicable Federal law and regulations.