2002-07-05_REVISION - M1974015 (2)

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_q_ 1V. RECITALS l . On ~ ~ ~ Rqs Permit Number l]' -d was granted to [t~57i<7?1u VYlor31[ F ~~~ n /L ~jV [. (existing operator) ("Permittce"), pursuant to which Permittee has been conducting a mining operation in the County of C3PULDE/L State of Colorado. 2. Permittee wishes to assign the permit to Lafarge West, Inc. (new operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the permit . 3. Successor understands that the reclarnation plan (the "Plan") required by the permit and by apphcable State laws and regulations has not been completed and is willing to assume full responsibility for the completion of the Plan. V. AGREEMENTS Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective iliac ac q upon the approval by the State of the transfer of the Permit from Permittee to Successor, as Follows: 1. Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit 2. Successor will complete the reclamation plan, and hereby assumes liability for completing such plan as to all areas hereofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the obligations of the Pertnittee under the Permit which have not heretofore been performed by Pemrittee. 3. Successor hereby tenders to the State its attached Performance and Financial W atrantiest, which are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release ofthe fatter Warranties. 4. Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any other operation conducted by it in the State of Colorado. Permittce and Successor hereby request the State to consent to the assignment of the Permit, to rewgnize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Wamamties in place of the Waranties presently on file with the State.