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Y AGREEMENT TO <br />JW47 .2-7 <br />WHEREAS, on ftvmrbe <br />Was granted to K06nek sand & Gravel <br />pursuant to which Permit, Permittee has engaged in a <br />CrovAey County, Colorado. <br />[g8a ►� <br />- Permit <br />N OF OPERATORS <br />WHEREAS, The Permit includes and incorporates any and <br />Technical Revisions anchor Conversions. <br />WHEREAS, Permittee wishes to assign the entire Permit, <br />responsibilities to JH Sand & Gravel, 11c <br />Successor"), and Prospective Successor wishes to become S <br />WHEREAS, Prospective Successor has inspected the mining <br />fully aware of the conditions thereof. <br />M-1979-131 <br />("Permittee"), <br />operation located in <br />subsequent Amendments, <br />ith all associated rights and <br />("Prospective <br />Permittee under the Permit. <br />operations and is <br />WHEREAS, Prospective Successor understands that the Recl tion Plan (the "Plan") is an <br />integral part of the Permit and is required by law. Prospective Su cdessor 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 assurne full responsibility for the <br />completion of the Plan. <br />NOW THEREFORE, Permittee and Prospective Successor here>j agree, for their own benefit <br />and for the benefit of the State, as follows: II <br />Prospective Successor agrees to accept all of the conditi n of the Permit, including the <br />condition that the operation remains in compliance with all appli le 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 t assume all liability for the <br />same, as to all areas presently disturbed, as well as to all areas he r disturbed. <br />Prospective Successor agrees to submit to the Division f 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 Fitancial 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, t the best of its knowledge, <br />information and belief, it is not in violation of any of the visions of the Mined Land <br />Reclamation Act (C.R.S. § 34-32-101 et. seq.) ("Hard Rock t") and associated Rules (2 <br />C.C.R. 407-1) ("Hard Rock Rules"} or the Land Reclamat'lon Act for the Extraction of <br />-8- <br />