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.q. <br />rv. xECrrA>is <br />1. On /"/ARCH /// X99/ PeimitNumber M /990-/5/~ was granted to <br />AFC Cerani.e5 Z.lc. (existingoperator)("Permittee"), pursuanttowhichPermittee <br />has been conducting a mining operation in the County of ~u e b L o .State of Colorado. <br />2. Permittce wishes to asagn the permit to ~/,/F~P.NAL .PAM/['S .~.w~ L. (new <br />operator), as Successor Cperatar ("Successor") and Successor wishes to become Successor Permittce under the <br />permit <br />3. Successorunderstmmdsthatthereclametionplan(the"Plmm")requiredbythepeemitaodbyapplicableState <br />laws andregulations has not been completed and is willing to assume full responsibilityfor the completion ofthePlmm. <br />V. <br />Permittee mmd Successor hereby agree, for their own benefit and for the benefit of the State, such agreeme~s to be <br />effective igso fac upon the approval by the State of the transfer of the Permit from Peemitteeto Sugar, asfollows: <br />1. Successorhas inspected the mining and reclamation operatia~ns to its enure satisfaction and is fully awareof <br />the conditions therms Successor understands and accepts all of the conditions of the Permit <br />2. Successarwillcompletethereclametionplan,andherebyassumesliabilityforcompletingsuchplmmsstoall <br />areas heretofore disturbed, u well as to all areas hereafter disturbed. Successor will perform all of the obligations of <br />the Petmittce under the Permit which have not heretofore been performed by Permittce. <br />3. Successor hereby teridas to the State its attached Performmmce and Finanaal Warrmmties~, which are to be <br />substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release <br />ofthe latter Warranties. <br />4. Suocessorr~eprevmtstotbeStatethat,tothebestofitsknowledge,mfom~ationandbelief;ifisaptinviolation <br />of any of the provisions ofthe ColoredoMmed bend reclamation Act with respect to any other operation oenducted by <br />it in the State of Colorado. <br />Permitlee and Successorhereby request tbe State to consent to the assignment of the Permit, torecogniae Succor as <br />Successor Operator under the Permit, mmd to accept the tendered substitute Performance and Financial Warranties in <br />place of the Warranties presently on file with the State. <br />