2002-07-23_REVISION - M1981088 - Laserfiche WebLink

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_4_ lv. t~ECrrALs I . On `~,~ ~s / 9 Permit Number ~?'~R.4/ - 08 Ywas granted to 1./6tE1: N m o6rlE uo¢fHerNr ru ~ ~ (, .. " -~ - ~...((atisGng operator) !"Permittce"),pursuant to which Pernittce has been conducx~ittg a mtning operation in the County of R 0 ~ T T . Siate of Colorado. 2. Permittce wishes to assign the permit to Lafarge West, Inc. (new operators as Sucarsor tfiastor ("Sucassor") and Successor wishes to become Successor Pernittce under the permit. . 3. Successor understands that the reclamation plan (the "Plan'? required by the permit and by applicable State laws and regulations has not been completed and is wi11'mg to assume full responsibility for the completion of the Plan. V. AGREEMENTS Permittce and Successor hereby agree, for their own benefit and for the benefit of the State, sucfi agreements to be effective jp~Q a o upon the approval by the State of the transfer of the Permit from Permittce to Successor, as follows: 1. Successor has insperbed 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 arras heretofore disturbed, as well as to all areas hereafter disturbed Successor will perform all of the obligations of the Pennittee under the Permit which have not heretofore been performed by Pertnittce. 3. Successor hereby tenders to the State its attached Performance and Financial Warrantiesr, 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 [,and reclamation Act with respect to any other operation conducted by it in the State of Colorado. Pertnittce and Successor hereby request the Slate to consent to the assignment of the Permit, to recognize Successor as Successor Operator under the Permi[, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on file with the State.