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<br />-<- <br />IV. RECTTALS <br />l . On ~ 1 ~ 0 , l~ Q Permit Number /~- I~gg-Ot/~ ~v~ gated to <br />1 TEKtJ mn6itF beat-b~-t'. ~ i ti~ . (existing operator) ("Pernittee"), pursuant to <br />which Pernittee has been conducting a mining operation in the County of GJELJ~ State <br />of Colorado. <br />2. Petmittee wishes to assign the permit to Lafarge West, Inc. <br />(new operator), as Successor Operntor ("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. <br />Perttittee and Successor hereby ogee, for their own benefit and for the benefit of the State, such <br />agreements to be effective In50 fad 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 />aware of the conditions thereof. Successor understands and accepts all of the conditions of the Permit. <br />2. Successor will complete the reclamation plan, and hereby assumes liability for completing such <br />plan as to all areas hereretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform <br />all of the obligations of the Pemuttee under the Pemtit which have not heretofore been performed by <br />Pernittee. <br />3. Successor hereby tender: to the State its attached Performance and Financial Warranties, which <br />are to be substituted for the Performance and Financial Warranties heretofore filed by the Pertnittee, <br />effective upon the release of the latter Warranties. <br />4. Successor represents to the State that, to the best of its knowledge, 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 wnducted by it in the State of Colorado. <br />Pernittee and Successor hereby request the State to consent to the assignment of the Permit, to recognize <br />Successor as Successor Operator under the Permit, and to accept the tendered substitute Performance and <br />Financial Watrartties in place of the Warranties presently on file with the State. <br />