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- 7 - <br />APPLICANTS' AGREEMENT TO REQUEST TRANSFER OF MINERAL PERMIT <br />AND SUCCESSION OF OPERATORS <br />WHEREAS, on Z ,• 2010 Permit Number N( •49x'1- 1 1, ( "Permit ") was <br />granted to A &C.- esacs@.,ci.& L1-c- ( "Permittee "), pursuant to which <br />Permit, Permittee has engaged in a mining operation located in csiack . County, <br />Colorado. <br />WHEREAS, The Permit includes and incorporates any and all subsequent Amendments, Technical <br />Revisions and /or Conversions. <br />WHEREAS, Permittee wishes to assign the entire Permit, along with all associated rights and <br />responsibilities to fold -K: ti Mmes , znC - ( "Prospective Successor "), and <br />Prospective Successor wishes to become Successor Permittee under the Permit. <br />WHEREAS, Prospective Successor has inspected the mining and reclamation operations and is <br />fully aware of the conditions thereof. <br />WHEREAS, Prospective Successor understands that the Reclamation Plan (the "Plan ") is an <br />integral part of the Permit and is required by law. Prospective Successor has had an opportunity to <br />thoroughly review the Plan, understands that the Plan has not been completed and that, if Prospective <br />Successor becomes Successor, he /she /it will assume full responsibility for the completion of the Plan. <br />NOW THEREFOR, Permittee and Prospective Successor hereby agree, for their own benefit and <br />for the benefit of the State, as follows: <br />Prospective Successor agrees to accept all of the conditions of the Permit, including the condition <br />that the operation remains in compliance with all applicable laws and regulations, and to perform all of the <br />obligations of the Permittee under the Permit. <br />Prospective Successor agrees to complete the Plan, and to assume all liability for the same, as to all <br />areas presently disturbed, as well as to all areas hereafter disturbed. <br />Prospective Successor agrees to submit to the Division of Reclamation, Mining and Safety <br />( "Division "), Performance and Financial Warranties, as required by applicable law and regulations, which <br />will be substituted for the Performance and Financial Warranties previously filed by the Permittee, if and <br />when the Division approves a Transfer of Mineral Permit and Succession of Operators ( "SO ") and releases <br />the latter Warranties. <br />Prospective Successor represents to the State that, to the best of its knowledge, information and <br />belief, it is not in violation of any of the provisions of the Mined Land Reclamation Act (C.R.S. § 34 -32- <br />101 et. seq.) ( "Hard Rock Act ") and associated Rules (2 C.C.R. 407 -1) ( "Hard Rock Rules ") or the Land <br />