2002-05-31_REVISION - M1983067 (6)

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F ~` .4 IV. RECITALS , 144to~ I . On ~I_O~, 1 Permit Number /-1-1983-c~ ~ was granted to Vl~t7bl i.l- PRt:i111Y r'n,U (:~6TF.SU ~. (existing operator) ("Permittee"), pursuant to which Pemtittee has been conduding a mining operation in the County of ~i'bFh11S .State of Colorado. 2. Permittee wishes to assign the permit to Lafarge West, Inc. (new operator), as Successor Operator ("Successor") and Successor wishes to became Successor Permittee under the permit. , 3. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable State laws and regulations has not been completed and is willing to assume full responsibility for the completing of the Plan. V. Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective jp, q a o upon the approval by the State ofthe transfer ofthe Pemtit from Permittee to Successor, as follows: 1. Successor has inspected the mining and teclartration operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understands and arxepts all ofthe conditions ofthe Permit. 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Pernittee under the Pernnt which have not heretofore been performed by Permittee. 3. Successor hereby tenders to the State its attached Perfomuurce and Financial Warrantless, which are to be substituted for the Performance and Financial Warrattties heretofore filed by the Permittee, effective upon the release of the latter Warranties. 4. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other operation conducted by it in the State of Colorado. Pernittee and Successor hereby request the State to consent to the assignment ofthe Permit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file with the State.