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-4- <br />IV. RF~wic <br />1, pn . .April 28, 1998 pesmitNtmtber M-1998-003 wasgrantedro <br />Moffat County <br />(existing operator) ("Permittce'), Pursuant to which Permittee has been <br />conductin6 a mining operation is the County of Mn f f a t -State of Colorado. <br />2. Permittcewishestoassignthepermitto 3B Enterprises, LLC (~ ~e~) ~ <br />Successor Operewr ("Strceasor") and Successor wishes to become Successor Pernrittee under the pernilt <br />3. Successor understands that the reclamation plan (the "Pl®') required by the Permit and by applicable State laws and <br />regulatiats has not been coarpleted and is willing to assume fiill responsibility for the completion of the Plen. <br />V. AGREEMENTS <br />Permittee and Successor hereby agroe, for their own benefit and for the benefit ofthe State, such agreements to be effective j~g~cxQ <br />upon the approvai by the State of the transfa of the Permit from Permittee to Successor, es follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the conditions <br />thereof. Successor undetsfeads end acoepU all of the conditions of the Pumit <br />2. Successorwilleompletethereclamationplan,aodherebyassumesliebilityforoo~letmgsuchp]mestoallmeasheretofore <br />disturbs; as well es to all areas hereafter disturbed Suocessor will perfaam all of the obligations of the Permittce under the Permit <br />which have not heretofore been performed by Permittee. <br />3. SuccessachaebytmderstotheStateitsattachedPerformanceendFinancialWart~enties~.whichmetobesubstidrtadforthe <br />Performanx awl Financial Warra>mes heretofore filed by the Permittee, effective upon the release of the latter Warranties. <br />4. Suc~ represents to the State tha; [o the best ofits lmowledge, i~'ormetion a~ beliet; it is not is violation of my of the <br />provisia~ns ofthe Colorado Mined Land reclamati~ Adwith respect to e~ other operation conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assigamrnt of tbe Perini; to recognize Successor u Successor <br />Gperator under the Permit, e>~ to accept the tenderal substitute Performance and Financial Warraries in place of the Warranties <br />presently ce file with the State. _ --- .. _ - . _- -- -- <br />