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~' RFP, Fi5 '93 1~7:°4R19 DIV~NEF.RLSSGEGLGGI' P.Sili .. • • • -2- II, RECITALS ~_B~_~ 1 , On C~-F.6~~ ~.~ 11 ,i9B1 Permit Number was granted to ll)ea~e.~n /rlob~~lG ~er-~r,err~ =H~ Gexistingoperator) ("Permittee"), pursuant to which Permittee has been conducting a mining operation in the County of G_ a.. {', e ~ al ,State of Colorado. Grw,~ Q~os.CenS+~TI~ 2. Permittee wishes to assign the permit to '0.61;i- ,.. ~. (new operator), as Successor Operator ("Successor") and Success r wfshe to come Successor Permittee under the permit. 3, $uccessor understands that the reclamation plan (the "Plan") required 6y the permit and by applicable State laws and regulations has not been completed and 15 willing to assume full responsibility for the completion of the Plan. III, AGREEMENTS Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective ipso facto upon the approval 6y the State of the trasnfer 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 accapts all of the conditions of the Permit. Z. Successor will complete the reclamation plan, and hereby assumes iiability for completing such plan as to all areas heretofore disturbed, as well as to all areas hereafter disturbed, Successor will perform all of the obligations of the Permittee under the Permit which have not heretofore Deen performed by Permittee. 3. Successor hereby tenders to the State its attached Performance and Financial Warranties', which are to be substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the release of the latter 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. Permittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warrantees presently on file with the State. ` Attach executed Financial and Performance Warranties, Exhibit A - Legal Description, an Exhibit B - Location Map, and Proof of Legal Right-to-Enter.