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DUE DILIGENCE CERTIFICATION <br /> The Board wishes to ensure that Prospective Successors are fully informed of their duties and <br /> obligations should they become Successor to the Permit. Accordingly, the Prospective Successor <br /> must carefully review the items below and must initial indicating its agreement and <br /> unde anding. <br /> If the Application is approved, the Prospective Successor will assume all liability <br /> for the reclamation of the affected land, and for compliance with the Hard Rock <br /> Act and Rules or the Construction Materials Act and Rules, as applicable(available <br /> online at http://mining.state.co.us/Rules`/`20and%20Re sg litm). Successor will be <br /> liable for any pre-existing conditions or violations, whether known or unknown at <br /> the time of the SO. It is the Prospective Successor's sole responsibility to <br /> investigate the operation prior to filing an Application. <br /> If the Application is approved, the Successor will be solely responsible for <br /> maintaining the mining and reclamation operations in compliance with the <br /> Reclamation Permit. The Permit includes the original approved Application, along <br /> with any and all subsequent revisions, amendments, and conversions thereto. It is <br /> not uncommon for a Permit to include dozens of documents that span many years. <br /> It is the Successor's sole responsibility to obtain a full and complete copy of the <br /> Permit and to understand the extent of his/her/its obligations thereunder. Permit <br /> documents may be purchased from the Division of Reclamation,Mining and Safety <br /> (the "Division") upon request or viewed on the Division's website at <br /> http://drmsweblink.state.co.us/drmsweblink/search.aspx?dbid=0 <br /> If the Application is approved, the Successor must submit Annual Fees and Annual <br /> Reports to the Division on the anniversary date of the Reclamation Permit. For <br /> hard rock and designated mining operations, consult C.R.S. § 34-32-127(2) for the <br /> amount of the Annual Fee. For construction materials operations, consult the <br /> C.R.S. § 34-32.5-125 for the amount of the Annual Fee. Required annual reporting <br /> information is described in Hard Rock and Construction Materials Rule 1.15 and in <br /> the Annual Report Form provided by the Division. Failure to submit Annual Fees <br /> or Annual Reports may result in enforcement action. <br /> - 7 - <br />