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-y- <br />N. RECTI'ALS ~fi~ l~J r tib ~ t s~ti ul~b3 <br />1. On September~2 , 1 7 pernit lvumber M-1 977-376 was granted to <br />Castle Concrete Company (existing operator) ("Permittee"), pursuant to <br />which Permittee has been conducting a mining operation in the County of Fremont ,State <br />of Colorado. <br />2. P`+rmitteewishestoassigtthepcanitto Continental Materials Coraoration <br />(new operator), as Successor Operator ("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 />for the completion of the Plan. <br />V, AGREEhiEiy"I'S <br />Perrnittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective ip5.4 f?sS4 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 ful]y <br />aware of the conditions thereof Successor understands and accepts all of the conditions of the Pemrit. <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 aeeas hereafter disturbed. Successor will perform <br />all of the obligations of the Permittee tinder the Permit which have not heretofore been performed by <br />Permittee. <br />3. Successes hereby tenders io the State its attached Performance and Financial Warranties', which <br />are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittec, <br />effective upon the release of the latter Warranties. <br />4. Successor represents to the State that, to the best of iu Ictrowledge, informat•'cn and belief, it is ne[ <br />in violation of any of the provisions of the Colcrado Mired Land reclamation Act with respect to any other <br />operation conducted.by it in the State of Colorado. <br />Petmittee and Successorherebysequest the State to consent to the assignment of the Permit, to recognize <br />Suc:,essor 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 d:e State. <br />