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APPLICANTS' AGREEMENT TO REQUEST TRANSFER <br /> OF MINERAL PERMIT AND SUCCESSION OF OPERATORS <br /> WHEREAS, on Maya 2012 PLrrnit Number M2010047 —("?errnit") <br /> was granted to Miller Family Investments.LLC ("Permittee"), <br /> pursuant to which Permit. Permittee has engaged in a mining operation located in <br /> Weld County. Colorado. <br /> WHEREAS, The Permit includes and incorporates any and all subsequent Amendments, <br /> Technical Revisions and/or Canversion�. <br /> WHEREAS, Permittee wishes to assig-t the entire Permit, along with all associated rights and <br /> responsibilities to C,6,A Akt fi��, �— ("Prospective <br /> Successor"), and Prospectn�e Successor wishes to become Successor Permittee Lnder 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 "Plar:") is an <br /> integral part of the Permit and is required by law. Prospective Successor has hid an opportunity <br /> to thoroughly review the Plan, understands that the Plan has not been comp:eled and that, if <br /> Prospective Successor becomes Successor, helshe/it will assume full responsibility for the <br /> completion of the Plan. <br /> NOW 'T'HT RE ORE. 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, inclL.ding the <br /> condition that the operation remains in compliance with all applicable laws anc regulat ons, and <br /> to perform all of the obligations of the Fermittee under the Permit. <br /> Prospective Successor agrees to complete the Plan, and to assume al liabilitu far 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 /> 'SaIldV'CDivision"), 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 Miieral Permit and <br /> Succession of'Operators("SO")and releases the latter Warranties. <br /> Prospective Successor represe its to the State that, to the best of its kn)wledge, <br /> information and belief. it is not in x iolation of any of the provisions of the Mined Land <br /> Reclamation Act (C.R.S. § 34-32-101 el. serf.) ("Hard Rock Act') and associated Rules (2 <br /> C.C.R. 407-1) ("Hard Rock Rules") or the [...and Reclamation Act for the Extrfetion of' <br /> - 8 - <br />