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<br /> <br />~- <br />Iv <br />RECITALS <br />On February 7 1378 <br />Permi[Number M-77-153 <br />was granted to <br />Hazeltine Investment Association (e~cistingoperator)("Permittee''),pursuantto <br />which Pecmittee has been conducting a mining operation in the County oC Adams ,State <br />of Colorado. <br />2. Permittee wishes to assign the permit to Albert Frei & Sons, Inc. <br />(new operator), as Successor Olxrator ("Successor") and Successor wishes to become Successor Permittee <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 completed and is willing to assume full responsibility <br />Cor the completion of the Plan. <br />V <br />AGREEh1ENTS <br />Permittee and Succcssor hereby agree, for their ovm brne(il and for the benefit oC the State, such <br />agreements to be effective 1m50 facto upon the approval by the State of the trans[er of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected the muting and reclamation operations to its entire satisfaction and is fully <br />aware 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 such <br />plan as to all areas heretofore 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 />Pemilttee. <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 lmowledge, information and belief, it is not <br />N violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other <br />operation conducted by it in the State of Colorado. <br />Pemtittee and Successor hereby request the State to consent to the assignment oC 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 />