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4- <br />lv. RECrr 0S/~ept~'-/e«+beR! 22~~49ypo~ AOri~NdI ~,rP~so~t ~ M-/~9~8~~ <br />1. On I" 1 ~ I ~ l1 . !ice' Prermit~u ~ M ~ I ~~-07~ was granted to <br />~~41TE Z~AGC (AMPANt( (existing operator)("Permittee'"),ptvsuantrowhich <br />Pemdttee has been conducting a mining operation in th1e County of WrE ~-~ , State of (,olorado. <br />2. Permittee wishes ro assign the pemtit ro ~• • 4 • EU E121 ST, f ~1C. (new <br />operator), as Successor Operator ("Successor") and Successor wishes to bernme Successor Pertnittee under the <br />permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable <br />State laws and regulations has not barn completed and is willing to assume full responsibility for the completlon of <br />the Plan. <br />V. AGREEMENTS <br />Permittee and Successor hereby agree, fortheir own benefit and for [he benefit of the State, such agreements to be <br />effective i so fac o upon the approval by the State of the transfer of the Peril fmm Permittee to Successor, as <br />follows: <br />1. Successor has inspected [he mining and reclamation operations to its entire satisfaction and is fully awaze <br />of the conditions thereof. Successor understands and accepts all of the conditions of the Pertttii. <br />2. Successor will complete the reclatnationplw, and hereby assunces liability forcotrgtletirtg suchplanas to <br />all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the <br />obkigatians of the Petmittee under the Permit which have not heretofore been performed by Permittee. <br />3. Successor hereby tenders ro the State its attached Performance and Financial Warranties", which are ro be <br />substituted for the Performance and Financial Warranties heretofore filed by the Petmittee, effective upon the <br />release of the latter Warranties. <br />4. Successor represents to the State that, ro [he best of its knowledge, information and belief, it is not in <br />violation ofany of the provisions of the Colorado Mined [.and reclamation Act with respect to any otber operation <br />conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent m the assignment ofthe Permit, to recognize Successor <br />as Successor (hmrator under the Permit, and to accept the tendered substitute Performance and Financial <br />Warranties in place ofdte Warranties presently on fife with the State. <br />