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.4. <br />W. RKCI"l Al S <br />1. Un -1:4----......-- J_9._78 Permit Number M-/_979001 was granted to <br />.. 010; aSQl?l???? P. Ax/_ -- (existing operator) ("Permittee"), pursuant to which <br />Permittce has been conducting a mining operation in the County of E.l__Pas p , State of Colorado. <br />2. Pernrittec wishes to assign the permit to Ge- eral..561e, 9,1'c-kj--1-111Cr_-- -------(new <br />operator), as Successor Operator ("Successor",) and Successor wishes to become Successor Pennittee under the <br />permit. <br />i. Successor understands that the reclamation plan (the "Plan") required by the pernut and by applicable <br />Stater taws and remulations has not been completed and is willing to assume full responsibility for the completion of <br />the Plan. <br />V. ACRFENIGVTS <br />Pei 111111C(: and Successor liereby agree, for their own benefit. and for the benefit of the State, such agreements to be- <br />ef lective t> facto upon the approval by the State of the transfer of the Pennit from Permittec to Successor, as <br />firllo?vs: <br />I . Successor has inspected the mining and reclamation operations to its entire satisfaction and 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 perfonu all of the <br />obligations of the PcnTrittee under the Permit which have not heretofore been pe.rfor-nied by Permittee. <br />. Successor hereby lenders to the State its attached Perf0MIallCe and Financial Warranties*, which are to be <br />substitute(] for the Performance and Financial Warranties heretofore tiled by the Permittee, effective upon the <br />release of' thc- latter Wan-anties. <br />4. Successor represents to the State that, to the best of its knowledge, inforniation and belief, it is not in <br />violation ofany of the provisions Of The Colorado Mined Land reclamation Act with respect to any other operation <br />conductcd by it in the State otTolorado. <br />Permit tcc and Successor hereby request the State to consent to the assignment of the Permit, to rccoimize Successor <br />as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial <br />Warranties in place ofthe Warrr;nrtics presently on file with the State.