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-4- <br />IV. RECITALS <br />I. On 5/T~ I RRq Permit Number ~'~~8~' ~7 was granted to <br />~~EUF~2u 61nFilt~ Gnnsi+t~lJ~1uC. (existing operator)!"Permittee"),puisuantto <br />which Pemrittce has bcen conducting a mining operation in the County of LL PA5 a .State <br />of Colorado. <br />2. Permittee wishes to assign the permit to Marge west, Inc. <br />(new operators as Successor Operator ("Suceesso~') and Successor wishes to berume Successor Pertnittee <br />under the permit. , <br />3. Successor understands that the reclamation plan (the "Plan's 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. AGREEMENTS <br />Pennittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective ~ 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 accepts all of the conditions of the Permit. <br />2. Successor will wmplcte the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas herexofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Permittce under the Pemut which have not heretofore been performed by <br />Permittee. <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 ofthe 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 respect to any other <br />operation conducted by it in the State of Colorado. <br />Pernittee and Successor hereby request the Slate to consent 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 />