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4- <br />N. RECITALS <br />11. On ~~: ~ \ (R o ~ PetmitNumber 1'1'Iq$6"~0~O wasgrautedto <br />WASh+n~"ro1 Cottinfi`~ (existingoperator)("Pennittee"), pursuanttowhichPemtittee <br />has been conducting a mining operation in the Co~uni(y?of m 0 F'~l Q y~ _ State of Colorado. <br />2. Penarittee wishes to assign the permit t6l' " a~ e'^ Re t5 e- (new <br />operator), as Successor Operator ("Succe~or'~ and Successor wishes to become Successor Permittee under the <br />P~• <br />3. Successas understands that the reclamation plan (the "Plan's repaired by the permit and by applicable State <br />laws andregulations has not been cotnpkted and is willingto assume fiill responsibilityfor the completionofthe Plan. <br />V. <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the Stan, such agreements to be <br />effective ipso facto uponthe approval by the State of the transfer ofthe Permit fromPermitteeto 5uc asfoIlows: <br />1. Successorhasinspectedtherniningandreclartrationoperationstoitsemiresatisfactionandisfiillyawareof <br />the conditions thereof. Successor understands and accepts all of the conditions of the Permit <br />2. Successorwillcomple[ethereclamationplan,andherebyassumesliabilityforcampletingsuchplanastoall <br />areas heretofore disturbed; as well as to all areas hereafter disturbed. Successor will perform all ofthe obligations of <br />the Pemuttee under the Permit which have not heretofore been performed by Permittee. <br />3. Successor hereby tenders to the State its attached Perfomrance and Financial Warrantiess`, which are to be <br />substituted for the Performance andFinmtcial Warranties heretoforefded bythe Permittee, effective upon the release <br />of the latter Warranties. <br />4. Successor represents to the State that, to the best of its Imowledge, information andbelie~ itisnotinviolation <br />of amt of the provisions ofthe Colorado MinedIandreclametion Actwithrespectto any ottr~ operationconductedby <br />it in the State of Colorado. <br />Permittee and Successorherebyrequestthc State to consent to the assignment of fhePermit, ton3cognize Successor as <br />Successor Operatortmder the Permit, and to accept the tendered substitute Performance and Financial Warranties in <br />place of the Wamanties presently on file withthe State. <br />This form has been approved by the Mined Land Reclamation Board pursuant to stckons 34-32-119, GRS., ofthe <br />Mined Land Reclamation.4d and 34-32.5-119, CRS., ojthe Colorado Land ReclmnationAd for theFxtradion of <br />Consfrudian Materials. Any alteration or modification ofihis form shag result in voiding any permit issued on the <br />altered or modifredfarm andsubjed the operator to cease and desistorders and civilpenaltiesjor operating wiUiouta <br />permit pursuant to sections 34-31-123, CR.5, of the Mined Land Reciarnation Ad and 3¢325-123, CRS., ojthe <br />Colorado Land ReclanatianAdforthe Extraction of Construdlan Materials. <br />