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~~o~ <br />_4_ ~ <br />.~-~- <br />IV. RECCI'ALS <br />L On 2 ~ 7 , ~.~ Permit Number m-148p-/3 (o was granted to <br />I.I~~iFKU m081Ll=d h,[T!-YEX.f/~/UL' (existing.operator)("Pennittee"), puisuantto <br />which Pertnittee has been conducting a mining operation in the County of t~l.F .State <br />of Colorado. <br />2. Permittee wishes to assign the permit to Lafarge West, Inc . <br />(new operators as Successor Operator ("Successor") and Successor wishes to become Successor Pertnittee <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 complded and is willing to assume full responsibility <br />for the completion of the Plan. <br />V. AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective jps4 a o upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully <br />aware of the conditions thereof. Successor understands and aceepts all of the conditions of the Pemtit. <br />2. Successor will complde the reclamation plan, and hereby assumes liability for complding such <br />plan as to all areas herctofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Pennittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties', 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 knowledge, information and belief, it is not <br />in violation of any of the provisions of the Colorado Mined Land reclamation Act with respell to any other <br />operation conducted by it in the State of Colorado. <br />Pemtittce and Successor hereby request the State to wnsent 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 file with the State. <br />