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.., <br />-~- <br />[V. RECITALS <br />On April 24 1998 permit Number M-S6-159 was granted to <br />Western Mobile,Southern, Inc: (existing OpeiatOr)("Perrttittee"), pursuant to <br />which Permittee has been conducting a mining operation in the County of Pueblo State <br />of Colorado. <br />2. Permittee wishes to assign the permit to Lafarge west, Inc. <br />(new operator), 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") 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. AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective jp~Q ~t upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows; <br />1. Successor has intspected the minting and reclamation operations to its entire satisfaction and is fully <br />aware of the conditions thereof. Successor understands and accepts all of the conditions of the Pemtit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas her~ofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />ail of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Pennittee. <br />3. Successor hereby tenders to the Stare its attached Perfo,-tnane:e .:red Finsrtcia! ?Varranties', 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 ofthe provisions ofthe Colorado Mined Land reclamation Act with respect to any other <br />operation conducted by it in the State of Colorado. <br />Pennittee and Successor hereby request the State to consent io the assignment of the Permit, to recognize <br />Successor as Successor Operator 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 />