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<br />-4- <br />IV. RECITALS <br />l On May 9 2007 permit Number M-1987-028 was granted to <br />Colorado Marble, Inc. (existing operator) ("Permittee"),pursuant to which <br />Permittee 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, IM (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 ipso 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 fiilly 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 to consent to the assignment of the Permit, to recognize Successor <br />as Successor operator under the Permit, and to accept the tendered substitute Perfomrance 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, CRS., of the <br />Mined Land Reclamation Ad and 34 325-119, C.R.S, of the Colorado Land Reclamation Actfor theF,xtraction of <br />Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the <br />altered or modified form and subject the operator to cease and desist orders and civllpenaldesfor operating without a <br />permit pursuant to sections 34-32-123, CRS., of the Mined Land Reclamation Ad and 34-32.5-123, CRS., of the <br />Colorado Land Reclamation Actfor the Extraction of Construction Materials.