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wMKhAZ5, on aepremuer 1,ji. s 1986 Permit Nun <br />was granted to Wafter T, Pope, Inc <br />pursuant to which Permit, Permittee has engaged in a <br />Pueblo County, Colorado. <br />M-9986-101 1 -Permit) <br />("Permittee"), <br />Icing operation located in <br />WHEREAS, The Permit includes and incorporates any and '11 subsequent Amendments, <br />Technical Revisions and/or Conversions. I <br />WHEREAS, Permittee wishes to assign the entire Permit, along �ith all associated rights and <br />responsibilities to 6 S Land and Cattle Co. a Texas Corporation ("prospective <br />Successor), and Prospective Successor wishes to become Successo� Permittee under the Permit. <br />WHEREAS, Prospective Successor has inspected the mining and declamation operations and is <br />fully aware of the conditions thereof. <br />WHEREAS, Prospective Successor understands that the Reclation Plan (the "Pian") is an <br />integral part of the Permit and is required by law. Prospective Suc essor 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 assum full responsibility for the <br />completion of the Plan, <br />I <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 condition of the Permit, including the <br />condition that the operation remains in compliance with all applica 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 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 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 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 a 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 Aqt") and associated Rules (2 <br />C.C.R. 407-1) ("Hard Rock Rules") or the Land Reclamation. Act for the Extraction of <br />sie <br />