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-4- <br />IV. RECTTALS <br />1. On DECEMBER~18 ~ 1985 _ permit Number I'L-85-200 was granted to <br />M~RGAN C()DNTY (existing operator)("Permittee"), putsuanttowhichPemuttee <br />has been conducting a mining operation in the County of . MORGAN State of Colorado. <br />2. Permitteewishestaassignthepetmitto MICHAEL G. ERKER AND CYNTHIA L. ERKER (new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the <br />pemut <br />3. Successor »*+~P*<+w++ds that the reclamation plan (the "Plan's required by the permit and by applicable State <br />laws and regulations has not been completed and is willing to assume full responsibilityforrhe completion ofthe Plan. <br />V. AGREEMENTS <br />Permittee and Successor hereby agree, for rhea own benefit and for the benefit of the State, such agreements to be <br />effective ~ facto upon the approval by the State of the transfer of the Permit &~ Permittce to Successor, asfollows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of <br />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 plan as to all <br />areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of <br />the Permittce under the Permit which have not heretofore Veen performed by Pennittce. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties", which are to be <br />substiEuted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release <br />of the latter Warranties. <br />4. Successorrepresents tothe State that, to the best ofitsknowledge, information and belied it isnot inviolaticv <br />of any ofthe provisions of the Colorado Mined Land reclamation Aci with respect to a~ other operation conductedby <br />it in the State of Colorado. <br />Petmittee and Successor hereby request the State to consent to the assignment ofthe Permit, torecognize Successor as <br />Successor Operator ands the Permit, and to accept the tendered substitute Performance and Financial Warranties in <br />place of the Warranties presently on file with the State. <br />