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- l - <br />IV. RECITALS <br />On JUNE 2, 1995 Permit Nu,nbef M-95-030 _ w-zs granted to <br />GREEN BROS., INC. (existing openitor) ("Pennittee"), pursuant to which <br />Perminec has been conducting a mining operation in he County of MORGAN State of Colorado. <br />2. Permittee wishes to assign the permit to McATEE CONSTRUCTION CO. _(new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee under the. <br />permit. <br />3. Successor undersrands that the reclamation plan (the "Plan") required by the permit and by applicable <br />State laws and regulations has not been completed and is willutg to assume full responsibift, for the completion of <br />the Plan. <br />V. AGREEMENTS <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to he <br />effective im facto upon the approval by the State of the transfer of the Permit from Permittec to Successor, as <br />follows: <br />I. Successor has inspected the training and reclamation operations to its entire satisfaction acid is fully aware <br />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 plan as to <br />all areas heretofore disturbed, as well as to all areas hereafter disturbed. Successor will perform all of the <br />obligations of the Permittee under the Permit which have not heretofore been performed by .Permittee. <br />3. Successor hereby tenders to the State its attached Performance and Financial WaIran.ties*. which are to be <br />substituted for the Performance and financial Warranties heretofore filed by the Permtittee, effective upon the <br />release of the latter' Warranties. <br />4. Successor represents to the State that, to dhc best of its kno'wiedge. information and belief; it is not in <br />violation of any ofihx. provisioris oz the Colcxa:ao Mined Land reclamation Act Frith , esrnaer to nny other operation <br />i 0111 &.; TCA bV it ;i': the Slak 01 l OKIr-Add. <br />?'......i;i. ctcc a'.nCi ,d9 a^141!:Mt t 104i as-loga:re.-it of &1& k' "tce- Ii"Ox sucixssor <br />as .`suc;-Ie got C',eratt;r under the Pennit. S`ina`i to accear the tenderwd substitute flert4mance and Financial <br />"XI'a.rrarites in plain t;f t t `iwarranio2.., nresexitt"v on file with the :3ta€r...