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<br />4- <br />IV. 12ECITALS <br />1. On August 28 2001 <br />Permit Number M- 2 0 01 - 0 7 7 was granted to <br />United Companies of Mesa Co. (existing operator)("Permittee"), pursuantto which <br />Permittee has been conducting a mining operation in the County of R i O B 1 a riC O State of Colorado. <br />2. Pemritteewishestoassignthepermitto Ri.o Blanco County (new <br />operator), as Successor Opem[or ("Successor") and Successor wishes to become Successor Permittee under the <br />pemil[. <br />3. Successor understands that the reclama[ion plan (the "Plan") required by the pemtit and by applicable <br />State laws and regulations has no[ been completed and is willing to assume full responsibility for the completion of <br />the Plan. <br />V. AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be <br />effective ~ facto upon the approval by the State of the transfer of the Permit from Permittee to Successor, as <br />follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware <br />of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing suchplan as to <br />all azeas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the <br />obligations of the Pemtittee under the Permit which have not heretofore been performed by Pemilttee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which are to be <br />substituted for the Performance and Financial Warranties heretofore filed by the Pemtittee, effective upon the <br />release of the latter Warranties. <br />4. Successor represents to the State that, to the best of its lmowledge, information and belief, it is no[ in <br />violation of any oftheprovisions of the Colorado Mined Land reclamadoa Act with respect to any other operation <br />conducted by it in [he State of Colorado. <br />Perraittee and Successor hereby request the State to consent to the assigmnent of the Pernilt, to recognize Successor <br />as Successor Operator under the Permit, and [o accept the tendered substitute Performance and Financial <br />Warranties in place of the Warrattes presently on file with the State. <br />This jorm has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-119, C.RS, ojthe <br />Mined Land Reclamation AM and 3442. S-I19, C.RS., ojthe Colorado Land Reclamation Act jor the Extraction of <br />Construction Materials Any alteration or mod cation ojthisjorm shall result in voiding anypermit issued on the <br />altered or modiJiedform and subject the operator to cease and desist orders and civil penaltiesfor operating withou! a <br />permit pursuant to sections 34-32-123, C RS., of the Mined Land Reclamation Act and 34-32.5-123, C.RS., ojthe <br />Ca/orado Gand Reclamation Act for the Extraction ojConstrucNon Materials. <br />