2005-10-18_REVISION - M1992054 (2)

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-A- N. RECITALS 1. On ,TULY, I ~ / 99 2 Permit Number /~9-I ~9L' ~-`twas granted to GES CO '! NC. (existing operator) ("Permittee'"), pursuant to which Pemuttee haz been conducting a mining operation in the County of LA PL~At ,State of Colorado. 2. Permitted wishes to assign the permit to - "C~ 1 ~"~ (new operator), az Successor Operator ("Successor") and Successor wishes to become Successor Pennittee 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 willing to assume full responsibility for the completion of the Plan. V. Permittee and Successor, hereby agree, for their own benefit and for the benefit of the State, such agreements to be effective iRSS La~s.4 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 fnuy 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 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 been 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 Inowledge, information and belief, it is not in violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to any ocher operation conducted by it in the State of Colorado. Pemvttee and Successor hereby request the State to consent to the assignment of the Permit, to recognize Successor az Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial Warranties in place of the Warranties presently on 51e with the State.