2013-05-22_REVISION - M1979191 (3)

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APPLICANTS' AGREEMENT TO REQUEST TRANSFER OF MINERAL PERMIT AND SUCCESSION OF OPERATORS WHEREAS, on October 13 1981 Permit Number M- 1979 -191 ( "Permit ") was granted to Lafarge West, Inc. ( "Permittee "), pursuant to which Permit, Permittee has engaged in a mining operation located in Larimer County, Colorado. WHEREAS, The Permit includes and incorporates any and all subsequent Amendments, Technical Revisions and/or Conversions. WHEREAS, Permittee wishes to assign the entire Permit, along with all associated rights and responsibilities to Martin Marietta Materials, Inc. ( "Prospective Successor "), and Prospective Successor wishes to become Successor Permittee under the Permit. WHEREAS, Prospective Successor has inspected the mining and reclamation operations and is fully aware of the conditions thereof. WHEREAS, Prospective Successor understands that the Reclamation Plan (the "Plan") is an integral part of the Permit and is required by law. Prospective Successor has had an opportunity to thoroughly review the Plan, understands that the Plan has not been completed and that, if Prospective Successor becomes Successor, he /she /it will assume full responsibility for the completion of the Plan. NOW THEREFORE, Permittee and Prospective Successor hereby agree, for their own benefit and for the benefit of the State, as follows: Prospective Successor agrees to accept all of the conditions of the Permit, including the condition that the operation remains in compliance with all applicable laws and regulations, and to perform all of the obligations of the Permittee under the Permit. Prospective Successor agrees to complete the Plan, and to assume all liability for the same, as to all areas presently disturbed, as well as to all areas hereafter disturbed. Prospective Successor agrees to submit to the Division of Reclamation, Mining and Safety ( "Division "), Performance and Financial Warranties, as required by applicable law and regulations, which will be substituted for the Performance and Financial Warranties previously filed by the Permittee, if and when the Division approves a Transfer of Mineral Permit and Succession of Operators ( "SO ") and releases the latter Warranties. Prospective Successor represents to the State that, to the best of its knowledge, information and belief, it is not in violation of any of the provisions of the Mined Land Reclamation Act (C.R.S. § 34 -32 -101 et. seq.) ( "Hard Rock Act ") and associated Rules (2 C.C.R. 407 -1) ( "Hard Rock Rules ") or the Land Reclamation Act for the Extraction of -8-