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-4- <br />IV. RECITALS <br />1. On Novemb r 7 19 9 0 Permit Number __M- 8 0 -17 8 was granted to <br />Jean Mx?res Lecn Dbxes, Craig Moores (existing operator) ("Permittee"), pursuant to which <br />PermMee Sias been cEting a mm g op rSa ohmmLthe County of MESA -,State of Colorado. <br />2. Permittee wishes to assign the permit to Mn n R r, c M T rr T err T T,C (new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successor Permittee 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 full responsibility 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 be <br />effective !L facto upon the approval by the State of the transfer of the Permit from Permittee to Successor, as <br />follows: <br />1. 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 perform all of the <br />obligations of the Permittee under the Permit which have not heretofore been performed by .Per mittee. <br />3. Successor hereby tenders to the State its attached Performance and.Financial Warranties*, which are to be <br />substituted for the Performance and Financial Warranties heretofore filed by the Permittee, effective upon the <br />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 in <br />violation of any of the provisions of the Colorado Mined Land reclamation Act with respect to anv other operation <br />conducted by ii in the State of Colorado. <br />Permittee and Successor hereby request the State to rousent to tl_- assi -Inefld Oftlre Permit, to mcomi Successor <br />as Successor Operator under the Permit, and. to accept the tendered substitute Performance and Fi<ttancial <br />Warranties in place of the Warranties presently on. file with the State. <br />,?)n