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4- <br />TV. I28CITAL~ <br />~ July 25 1984 p M-1983-209 was granted to <br />r) {"Petmittee"), pursuant to which <br />Pemtittee has been conducting a mining operation in the Cotutty of Delta . State of Colorado. <br />2. Pemattee wishes to assign the permit to Frank Gilmore {1ew <br />operator), as Successor Operator {"Successor") and Successor wishes to bceome Successor Permittee under the <br />permit. <br />3. Successor understands that the reclamation plan {the "Plan") required by the permit and by applicable <br />State laws andregulations has not been completed and is willing to assume full responsibility for the completlon of <br />the Plan. <br />V. AGREEMENTS <br />Pemdttee and Successor hereby agree, for their own benefit and for the benefit ofthe State, such agreements to be <br />effective ~ facto upon the approval by the StaLa of the transfer of the Petntit from Pettnittee to Successor, as <br />follows: <br />1. Successor has inspected the mining oral rechmtaHon operations to its entire satisfactioa and is fullyaware <br />of ~e conditions thereof. Successor understands end accepts all of the conditions of the Permit. <br />2. Successor will comptete the reclamationphm, and hereby assumes liability for completing such planar to <br />all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the <br />obligations of the Pcrmittee under the Pemtit winch have not heretofore been performed by Pemnittee. <br />3. Successor hereby tenders ro the State its attached Perfottnance a~ Financial Warmnties•, which are ro be <br />srrbatituted for the Perfomtance and Financial Warranties heretofore filed by the Permittee, effective upon the <br />release of the latter Warranties. <br />4. Successor represents to dte State that, ro the best of its Imowledge, information and belief, it is not in <br />violation of any of the provisions of the Colorado Mined Land reclamadon Act with respect ro any other operation <br />conducted by it in the State of Colorado, <br />Permittee and Successor hereby request the State to consent ro the assignment ofthe Peartit, to recognize Successor <br />as Successor Operator under the Permit, and to accept the tendered substitute Petfomrance sled Financial <br />Warranties in place of the Warranties presently on file wilt the State. <br />