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-4- <br />IV. RECITALS <br />May 9 <br />On <br />2007 <br />Permit Number M-1987-028 <br />was granted to <br />(existing operator) ("Pernuttee"), pursuant to which <br />Colorado Marble, Inc. <br />Pernuttee has been conducting a mining operation in the County of Chaffee ,State of Colorado. <br />2. Permittee wishes to assign the permit to Quikrete Materials, L~ (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 (tbe "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. <br />Permittee and Successor hereby agree, for their own benefit and for the benefit of the State, such agreements to be <br />effective p~Q f c o 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 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 />Penmittee and Successor hereby request the State to consent to the assigmnent of the Permit, to recognize Successor <br />as Successor Operator under the Permit, and to accept the tendered substitute Performance and Financial <br />Warranties in place of the Warranties presently on file with the State. <br />This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-119, GRS, ojthe <br />Mined Land Reclamation Ad and 34 :125-119, C.R., of the Colorado Land Reclamation Ad jot the Extraction of <br />Construction Materials. Any alteration or modification ojthis jorm shall result in voiding any permit issued on the <br />alteredor modified jorm and subject the operator to cease and desist orders andcivilpenaltiesfor operating without a <br />permit pursuant to sections 34-32-123, GRS., of the Mined Land Reclamation Ad and 34-32.5-123, GRS., ojfhe <br />Colorado Land Reclamation Ad for the Extraction ojConstruction Materials. <br />