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4. <br />IV. RF;CITALS <br />I . Un -----.Np ?- a ?r_1.---..------, --- __?_ Permit tu?iber M-L 21- ?{_$__ a as granted to <br />R.0 61 NSOh_&_ _C__ f. (existing operator) ("Pemrittee"), pursuant to which <br />Pcrmittce has been conducting a rnining operation in the County of _AT; oln State of Colorado. <br />7. Pcrmittce wishes to assign the permit to -G-ew-gra.)....S61e, Bri-cJ_ v1G__.,--__--(new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successor Perrnittee under the <br />permit. <br />3. Successor understands that the reclamation plan (the "Plan") required by the permit and by applicable <br />State laws and regulations has not been completed and is willing to assume firll responsibility for the corrtpletion of <br />the plan. <br />V. ACREEN1ENTS <br />permitter and Successor hereby agree, for their own benefit and for the benefit ofthe State, such agreements to be <br />effective ?2so facto upon the approval by the State of the transfer of the Perinit from Perrnittee to Successor, as <br />follows: <br />I . Successor has inspected the mining and reclamation operations to its entire satist'action 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 perform all of the <br />obligations of the Pcrnrittee under the Permit which have not heretofore been performed by Perrnittee. <br />_ . Successor hereby lenders to the State its attached Perfom aricc and Financial Warranties*, which are to be <br />suhstiruted for the 1'ertorniancc and Financial Warranties heretofore tiled by the Perrnittee, effective upon the <br />release of the latfcr Warranties. <br />1. Successor represents to the State that, to the best of its knowledge, infornnation and belief, it is not in <br />iolation of any ofthe provisions ofthe Colorado `-lined Land reclamation Act with respect to anv other operation <br />conducted by it in the State of Colorado. <br />Pc•rnrit tee and Successor hereby request the State ro consent to the assignment o1 the Permit, fn recoimizc Successor <br />a? Successor Operator under the Permit, and to aceepl the tendered ,uhstitute Performance- and Financial <br />Warrantic, in place of the Warranties presently on file with the Statc.