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. ,t . <br />IV. RECITALS <br />1. On /4 1py– , � l 1_I9. Permit Number _,. -/9 0 0 3 — N�'as g,ranted to <br />pp jJ I. /+� <br />- - -- (existing operator) ( "1 ermittee "), pursuant to v��hich <br />Permitter has been conducting a mining operation in the County of _._1.,.IL°� State of Colorado. <br />2. Perniittce wishes to assign the pernnt to �► j Shale <br />operator), as Successor Operator ( "Successor ") and Successor wishes to become Successor Permittee under the <br />permit. <br />. Successor understands that the reclamation plan (the "Plan ") required by the permit and by applicable <br />Statc: laws and regulations has not been completed and is willing to assume fill] responsibility for the complefion of <br />the Plan. <br />V. AC,RFEMENTS <br />Pe null(:C and Successor her agree, for their own benefit and for the benetit of the State, such agreements to be <br />effective y)so facto upon the approval by the State of the transfer of the Permit from Permitter to Successor, as <br />t6l lo\� s: <br />I . Successor has inspected the mining and reclamation operations to its entire satisfaction and is fully aware <br />of file 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 Pernrittee under the Permit which have not heretofore been performer} by Permitter. <br />Successor hereby lenders to the State its attached Perforn>znce and Financial Wan unties *, which are to be <br />substituted for file 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 />iolation 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 />I'crmit[CC and Successor hereby request the State to consent to the assignment o1 tilc permit, to recognize Successor <br />as Successor Operator under the Permit, and to accept the tendered suhstitute Performance and Financial <br />wl ivtanties in place of the %V< monies prescntl" on file with the Statc:. <br />