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_q_ <br />IV. RECITAL <br />1. On _~ S ..Z o v b Pemrit Number /y' Z OOD -O.~O was granted to <br />,~~y R.Z ' D~ ~y ~-~ C (existing/operator) ("Permittee"),pursuantto which <br />Perminee has been conducting a mining operation in the County of .c. u ~.< a ~4- , Stale of Colorado. <br />2. Pemrittee wishes to assign the permit to ~lCe /rf C o nS trw t.TioR. ~"n e.. (new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the <br />permit. <br />3. Successor understands that [he reclamation plan (the "Plan") required by the permit and by applicable <br />State laws and regulations has not been completed and is willing to assume full responsibility for the corrµtletion of <br />[he Plan. <br />V. <br />Pem»ttee and Successor hereby agree, for their own benefit and for the benefit of the Stale, such agreements to be <br />effective ?t'SO. facto upon the approval by the State of dre transfer of the Permit from Permittee to Suceessor, as <br />follows: <br />l . Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware <br />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 planas to <br />alt areas heretofore disturbed, as well as to a[I areas hereafter disturbed. Successor will perform all of the <br />obligations of the Permittee under the Pemrit which have not heretofore been performed by Permittee. <br />3. Successor hereby lenders to the State its attached Perfotinance and Fiuancial Warranties', which are to be <br />substituted for the Performance and Financial Wazranties heretofore filed by the Pemdttee, effective upon the <br />release of the latter Warranties. <br />4. Successor represents to the Stale that, to the best of its knowledge, information and belief, it is not in <br />violation of any of the provisions ofthe Colorado Mined Land reclamation Act with respect to any other operation <br />conducted by iY in the Stale of Colorado. <br />Permittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize Successor <br />as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial <br />Warranties in place of fhe Watrnnties presently on file with the State. <br />