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APPLICANTS' AGREEMENT TO REQUEST TRANSFER <br />OF MINERAL PERMIT AND SUCCESSION OF OPERATORS <br />WHEREAS, on 1174 % L 114 , i a 05 Permit Number M1994096 ( "Permit ") <br />was granted to HIGH PLAINS SAND AND GRAVEL LLC ( "Permittee "), <br />pursuant to which Permit, Permittee has engaged in a mining operation located in <br />Larimer County, Colorado. <br />WHEREAS, The Permit includes and incorporates any and all subsequent Amendments, <br />Technical Revisions and /or Conversions. <br />WHEREAS, Permittee wishes to assign the entire Permit, along with all associated rights and <br />responsibilities to Glacier Rock Company ( "Prospective <br />Successor "), and Prospective Successor wishes to become Successor Permittee under the Permit. <br />WHEREAS, Prospective Successor has inspected the mining and reclamation operations and is <br />fully aware of the conditions thereof. <br />WHEREAS, Prospective Successor understands that the Reclamation Plan (the "Plan ") is an <br />integral part of the Permit and is required by law. Prospective Successor has had an opportunity <br />to thoroughly review the Plan, understands that the Plan has not been completed and that, if <br />Prospective Successor becomes Successor, he /she /it will assume full responsibility for the <br />completion of the Plan. <br />NOW THEREFORE, Permittee and Prospective Successor hereby agree, for their own benefit <br />and for the benefit of the State, as follows: <br />Prospective Successor agrees to accept all of the conditions of the Permit, including the <br />condition that the operation remains in compliance with all applicable laws and regulations, and <br />to perform all of the obligations of the Permittee under the Permit. <br />Prospective Successor agrees to complete the Plan, and to assume all liability for the <br />same, as to all areas presently disturbed, as well as to all areas hereafter disturbed. <br />Prospective Successor agrees to submit to the Division of Reclamation, Mining and <br />Safety ( "Division'), Performance and Financial Warranties, as required by applicable law and <br />regulations, which will be substituted for the Performance and Financial Warranties previously <br />filed by the Permittee, if and when the Division approves a Transfer of Mineral Permit and <br />Succession of Operators ( "SO ") and releases the latter Warranties. <br />Prospective Successor represents to the State that, to the best of its knowledge, <br />information and belief, it is not in violation of any of the provisions of the Mined Land <br />Reclamation Act (C.R.S. § 34 -32 -101 et. seq.) ( "Hard Rock Act ") and associated Rules (2 <br />C.C.R. 407 -1) ( "Hard Rock Rules ") or the Land Reclamation Act for the Extraction of <br />-8- <br />