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-4- <br />IV. RECITALS <br />On Noye r-%b er ,Z g / 77 Permit Number 11-M77-10d" was granted to <br />Tr;- r1un?+ _ r4ud _(existing operator) (".Permittee"),pursuant to which <br />Permittee has been conducting a mining operation in the County of , hr,114 , State of Colorado. <br />O)de?»s!e Sw Groap.lne, d44 (-A,?,,V <br />2 Permittee wishes to assign the permit to Corr onl o ro"d (new <br />operator), as Successor Operator ("Successor") and Successor wishes to become Successors ermittee 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 />Pennittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be <br />effective ipso facto upon the approval by the State of the transfer of the Permit from Permittee to Successor, as <br />follows: <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 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 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 any other operation <br />conducted by it in the State of Colorado. <br />Permittee and Successor hereby request the State tti consent to the ast i'DI ent t f the Permit; to recogmize Successor <br />as Successor Operator under the Pertn.it, anal. to accept the tendered substitute Performance and Financial <br />Warranties in place of the Warranties presently on tale with the State.