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<br />RECEIVE® <br />_ AUG 16 2001 <br />Division of Minerals and Geology <br />[V <br />RECITALS <br />On September 8, 1978 <br />Permit Number 77-361 was granted to <br />Southdown, Inc. (existing operator) ("Permittee"), pursuant to <br />which Permittee has been conducting a mining operation in the County of Boulder ,State <br />of Colorado. <br />2. Pennittee wishes to assign the permit to CEMEX, Inc . <br />(new operator), as Successor Operator ("Successor") and Successor ~~~shes to become Successor Permittee <br />under the permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the permit and by <br />applicable State laws and regulations has not been completed and is willing to assume full responsibility <br />for the completion of the Plan. <br />V. <br />Permittee and Successor hereby agree, for they own beneft and for the benefit of the State, such <br />agreements to be effective }~ facto upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has irtspected the mining and reclamation operations to its entire satisfaction and is fulh~ <br />awaze of the conditions thereof Successor understands and accepts all of the conditions of the Pennit. <br />2. Successor will wmplete the reclamation plan, and hereby asstunes liability for wmpleting such <br />plan as to all areas heretofore disuubed, as well as to all areas hereafter disturbed. Successor will perform <br />tilt of the obligations of the Permitter under the Permit which have not heretofore been performed by <br />Permittee. <br />3. Successor hereby tends to ttte State its attached Performance and Financial W arranties', which <br />are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, <br />effective upon the release of the latter Warranties. <br />4. Successor represents to the' State that' to the best of its }mowledge, information and belief, it is not <br />in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other <br />operation conducted by it in the State of Colorado. <br />Pemtittce and Successor hereby request the State to consent to the assignment of the Permit, to recognize <br />Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and <br />Financial Warranties in place of the Warranties presently on Lle with the State. <br />