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-4- <br />lV. RECITALS <br />l . OnTv ~K ` /~ 5 00 Permit Number M-198 ~ -!~ Q I was granted to <br />UNAWEGA V L`rvTVxtiS f--~~ (e~cistingoperator)("Permittee"),ptusuanttowhich <br />Permitter has been conducting a mining operation w the County of M E S ~' ,State of Colorado. <br />2. Parmittce wishes to assign the permit to ~A 2K e R S ON ~ RoTt-1 ERS 1-C-C (new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successor Pertnittee under the <br />permit. <br />3. Successor understands that the reclamation plan (the "Plan"J required by the permit and by applicable <br />State laws and regulations has not been completed and is willing to asstmte full responsibility for the completion of <br />the Plan. <br />V. AGREEMENTS <br />Pemdttee and Successor hereby agree, for their own 6e~fit and Cor the benefit of the State, such agreements to be <br />effective ipso facto upon the approval by the State of the transfer of the Pernrit from Permittee to Successor, as <br />follows: <br />1. Successor has inspected the mining and reclamation operations to its entire satisfaction amt is fully aware <br />of the conditions thereof. Successor understands and accepts alt of the conditions of the Pemtit. <br />2. Successor will cotriplete the reclatation plan, and hereby assumes liability for completing such plan as to <br />alt areas heretofore disturbed as well as to alt areas hereafter disturbed. Successor wiN perform ail of [he <br />obligations of the Petmittee under the Pem»[ which have not heretofore been performed by Pecmittee. <br />3. Successor hereby tenders W the State its attached Performance and Financial Wartarrties', which are to be <br />substituted for the Performance and Financial Waztandes heretofore filed by the Permittee, etfective upon the <br />release of the latter Warranties. <br />4. Successor represents to dte State that, to the best of its knowledge, information and belief, it is not in <br />violation ofany of the provisions of [he Colorado Mined Land reclamation Act with respect to any other operation <br />conducted by it in the State of Colorado. <br />Pernittee and Successor hereby request the State to consent to the assignment ofthe Permit, to recognize Successor <br />as Successor Operator under the Perml[, and to accept [he tendered substitute Performance and Financial <br />Wartanties in place of the Waranties presently oo file with the State. <br />