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APPLICANTS' AGREENIEi1T TO REQUEST TRANSFER <br /> OF M IERAL PERMIT AID SUCCESSIOti OF OPERATORS <br /> 'WHEREAS. on Apr:!ZS , K'Y Pe"r 't�� ibcr 'Yr-Gc s-cca t"Permit") <br /> was Granted to skoclura Excavata,c,Inc. <br /> pursuant to which Perr;:i:, Pertnitiee has engaged in a minin G operat;on located in <br /> seccache Count-. Colorado. <br /> R�.A1S, The Permit includes and ircoc-porates an and all subs,-quert Amendments. <br /> Technical Re,,isiors and/or Conversions. <br /> WHEREAS. PerMittee wishes to assign the entire Pe=t, al::n2 v.ith all associated n,hts and <br /> responsibilities to K:ana He rocs H,LLC ( PrOSp�tilYe <br /> Successor''), and Prospect'•.--, Successor wishes to becce:e Si:ecesstor Pe.:stittee under the Permit. <br /> Gr HEREAS, Prospective SL.Ccesser has inspected the mining an" recl;r,.aticc epe7anons and is <br /> fa11y aware of the cond:tio,is&ereof. <br /> 'WHEREAS, Froscecti�,e Successor understands tl:a: the Recl.tma.ion Plan (the 7I_-,n.") is an <br /> i:::e2ral pa., of the Per.-.:':and is required by law. Prospe:.ti'Ve Si:CCe>sPr Las had an opportu itv <br /> tC thoCOughiv review' t'_1e pia,''., un'derstaiids t:at the Pia: has not Coen com7lettu and tha-_ if <br /> Prospective Successor becorr,:.s Successor, he.'she,'it wi?i assume full respor_sici': r. for the <br /> completion oft--, Plan. <br /> NOW THEREFORE; Perinittee and Prospective Successor hereb a,:ee, for their oVvn 1 ereit <br /> and for the benert ofthe State. as follo°,tis: <br /> Prospective Success,-.- agrees to accept al? of the conditions of the Perf-nit. includin` the <br /> conditior. that&e operation remains in compliance �Nith a?1 app?icaU.e laws and rr Ju'_ ,'tins, and <br /> to perform all of the obligations of the Perminee under the Permit. <br /> ProspectiN,e Successor agrees to complete the Plan. and to assume all liability for the <br /> same, as to all areas present.�� disturbed, as well as to ail areas hereafter disturbed. <br /> Prospective Successor agrees to submit to the Division. of Reclamation, 'lining and <br /> Safety ("Division"), Performance and Financial Warranties. as required by applicable law and <br /> regulations; which wi11 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 Wa:rtanties. <br /> Prospective Successor represents to the State that. to the beet of its knowledge, <br /> information and belief, it is not in �iolation of any of the pro-visions of the dined Lard <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 />