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-a- <br />N. RECIT.4I.5 <br />I. On T S ~ 'b Z t 4 4 S Permit Number M X18-9T1. was granted to <br />2e~k ,'l s 1....J L t.. ~ Go . L L G (existing operator) ("Permittee'"), pursuant to <br />which Permittee has been conducting a mining operation in the County of Su ». ~+.: ~ ,State <br />of Colorado. <br />2. Permittee wishes to assign the permit to ~v e r : s T ~ `?e .:.. I S ~L L C <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~4 f~L4 upon the approval by the State of the transfer of the Permit from <br />Permittee to Successor, as follows: <br />1. Successor has inspected 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 Pemtit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas heretofore disturbed, as well as to a]] aeeas hereaftez disturbed. Successor will perform <br />all of the obligations of the Permittee under the Permit which have not heretofore been performed by <br />Permittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial Warranties*, which <br />are to be substituted for the Perfommance and Financial Warranties heretofore filed by the Permittee, <br />effective upon the release of the latter Warranties. <br />4. Successor represents to the5tate that, to the best of its ]atowledge, 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 />Permittee and Successor hereby request the State to consent to the assignment of the Pernut, to recognize <br />Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and <br />Financial W arranties in place of the Warranties presently on file with the State. <br />