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J- <br />IV. RECITALS <br />I. On ~~~ ~ ,20b2- PecmitNumber M-2002-009 was granted to <br />Western Mobile Southern, Inc. (existing operator)("Permittee"),pursuantto <br />which Permittee has been conducting a mining operation in the County of Pu e b 10 ,State <br />of Colorado. <br />2. Permittee wishes to assign the petmit to Lafarge West , Inc . <br />(new operator), as Successor Operator ("Successor") and Successor wishes to became Successor Petmittee <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. <br />Pennittee and Successor hereby agree, for their own benefit and for the benefit of the State, such <br />agreements to be effective jpsq facto upon the approval by the State of the transfer of the Permit from <br />Petmittee to Successor, as follows: <br />1. Successor has hvspeded the mining 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 herdofore 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 />Pertnittee. <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 the State that, to the best of its knowledge, information and belief, i[ 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 Slate of Colorado. <br />Pertnittee and Successor hereby request the State to consent [o 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 Waranties in place of the Warranties presently on file with the State. <br />