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.. <br />-a- <br />[V. RECITALS ~p L-7 <br />I . On ~ ~ /7 / 9 Permit Number~~ granted to <br />{Y~RlLE P/Lflrl/~[ ~G~ 1~_ _ _ - existing operator) !"Permittee"), puisuant to <br />which Pemrittee has been conducting a mining operation in the County of ~"D ~~ .State <br />of Colorado. <br />2. Permittee wishes to assign the permit to Lafarge west, inc. <br />(new opetator~ as Successor Operator ("Successor") and Successor wishes to become Successor Permittee <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 ofthe 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 ~ act upon the approval by the State of the transfer of the Permit from <br />Petmittee to Successor, as follows: <br />1. Successor has inspected the mmurg and reclamation operations to its entue satisfaction and is fully <br />aware ofthe conditions thereof. Successor understands and accepts all ofthe conditions ofthe Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Pennittee under the Permit which have not heretofore been perforated by <br />Petmittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial W arrantiesf, which <br />are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, <br />effective upon the release of the 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 ofthe Colorado Mined Land reclamation Act with respect to any other <br />operation conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of the Petmit, [o recognize <br />Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and <br />Financial Warranties in place of the W arrarrties presently on file with the State. <br />