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.y. <br />fV. RECIT.aI.S <br />1. On .1 m 27 2000 Permit Number M 1979Q75 was granted to <br />Ilnitad `fmm~ariiac of Macs County, Tnr (existing operator)("Permittee"),pursuantto <br />which Pemtittee has been wnducting a mining operation in the County of Ga rf i e 1 d ,State <br />of Colorado. <br />Oldcastle SW Group, Inc. dba <br />2. Permitteewishestoassigntltepermitto iin;rad C.om{tanias of Mosa-County <br />{new operator), as Successor Operator ("Successor"yand Successor vnshes to become Successor Permittee <br />under the permit. <br />3. Successor understands that the reclamation plan (the "Plan") 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 of the Plan. <br />V. A ~ E . .1VT <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective ip~4 ~2Et4 upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected the minhtg and reclamation operations to its entire satisfaction and is fully <br />awaze 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 disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Pemrittee under the Permit which have not heretofore been performed by <br />Permittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties*, 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 theState that, to the best of its Imowledge, 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 />Permittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize <br />Successor as Successor Cperator 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 />