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-4- <br />[V. RECITALS <br />1. On ~.~ rl 1999 Pemtit Number lY~-~9as -a 11~ was gtattted to <br />t~rerexa moett,E Sovrirr=,c~, ~ ~, c.`~ t 1 . _ _ -. --~ "(existing operator) !"Pemtittee"), puisuant to <br />which Permittee has beet[ conducting a mining operation in the County of p u e d ~ o . State <br />of Colorado. <br />2. Permittee wishes to assign the permit to Lafarge west, Inc . <br />(new operators as Successor Opaator ("Successor') and Successor wishes to become Successor Petmittce <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 tpinplcted and is willing to assume full responsibility <br />for the completion of the Plan. <br />V. <br />Petmittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective j~ ado upon the approval by the State of the transfer of the Permit from <br />Petmittce to Successor, as follows: <br />I . 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 complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas heretofore dishnbed, as well as to all areas hereafter distuti>ed. Successor will perform <br />all of the obligations of the Permittee under the Permit which have not heretofore beet[ perforated by <br />Permittee. <br />3. Successor hereby tenders to the State its attached Perfott»ance and Financial Warranties", which <br />are to be substituted for the Perfotntance and Financial Warranties heretofore filed by the Permittee, <br />effective upon the release of the latter Warranties. <br />4. Successor represents to the Stare 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 />Permittce and Successor hereby request the State to consent to the assignment of the Permit, to recogn¢e <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 />