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-3- <br />The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors <br />and assigns. <br />SIGNED, SEALED AND DATED this <br />day of , <br />SW TKO Joint Venture. LLC (SEAL) <br />Permittee <br />By: <br />----Title: -- <br />NOTARIZATION OF PERMITTEE'S ACKNOWLEDGEMENT <br />STATE OF <br />ss. <br />COUNTY OF <br />The foregoing instrument was acknowledged before me this <br />as <br />_day of <br />of <br />NOTARY PUBLIC <br />My Commission expires: <br />APPROVED: <br />State of Colorado <br />Mined Land Reclamation Boazd <br />Division of Minerals and Geology <br />Bv: <br />Date: <br />,by <br />Division Director <br />