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1 •i <br />-4•: <br />IV. RECITALS <br />On August 12 .~,~7 _ Permit Number M 1982142 was granted to <br />llni ed Companies (existing operator)("Pemuttee"),pursuantto <br />which Permittee has been conducting a mining operation in the County of Mesa .State <br />of Colorado, <br />2. Permittee wishes to assign the permit to Ol dcastl a SW Group. Inc. <br />(new operator), as Successor Operator ("Successor") and Successot 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~ ~ upon the approval by the State of the transfer of the Permit from <br />Permittce to Successor, as.follows: <br />1. Successor has inspected the mining 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 Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to at1 areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perforn <br />a21 of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Pe[mittee. <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. Successpr represents to the State that, to the best of its knowledge, 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 />Pertnittee and Successor hereby request the State to consent to the assignment ofthe Permit, to recognize <br />Successor as Successor Operntor 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 />