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-4- IV. RECITALS 1. on November 11 1978 Permit Number M-78-279 was granted to Albert Frei and Sons, Inc. (existing operator) ("Permittee"), pursuant to which Permittee has been conduction a mining operation in the county of Garfield , State of Colorado. 2. Permittee wishes to assign the permit to Flag Re$OUrceS. InC. (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Operator under the permit. 3. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable State laws and regulations has not been completed and is willing to assume full responsibility for the completion of the Plan. V. AGREEMENTS Permittee and successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective i so facto upon the approval by the State of the transfer of the permit for Permittee to successor, as follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understand and accepts all of the conditions of the Permit. 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all areas heretofore disturbed, as well as to all areas here after disturbed. Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore been performed by the Permittee. 3. Successor hereby tenders to the state its attached Performance and Financial Warranties*, which are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release of the latter Warranties. 9. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land Reclamation Act with respect to any operations conducted by it in the State of Colorado.