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Morgan Property in conformity with this Agreement, the requirements of SCMRA, and <br />other applicable law. <br />h. It is the intention of the Morgans and WFC that this Agreement will be <br />implemented and carried out by them, and approved by DRMS /MLRB to the extent <br />necessary to implement any changes to the Mining Permit. <br />II. AGREEMENT <br />1. Incorporation of Recitals. The parties affirm and incorporate recitals above and <br />all exhibits referenced herein into the terms of this Agreement. <br />2. Effective Date, Duration. As used in this Agreement, the Effective Date will be <br />the date when all parties have executed this Agreement and the Morgans have approved <br />in writing, by giving notice in the form attached as Exhibit 2 hereto, the content of Permit <br />Revision Number 8 ( "PR8 ") prior to submittal to DRMS. WFC agrees to submit the PR8 <br />application to the Morgans no later than thirty (30) days from the date of execution of this <br />Agreement. The terms of PR8 shall strictly conform to the terms of this Agreement and <br />the parties will use their best efforts to secure the necessary approval of DRMS /MLRB as <br />soon as possible under DRMS /MLRB procedures. <br />a. Once effective, this Agreement shall continue in full force and effect until <br />such time as WFC shall lawfully obtain final bond release and full reclamation of the <br />Morgan Property under SCMRA and its regulations, as determined by DRMS /MLRB <br />(the "Term "). The projected date for final bond release application shall be no later than <br />December 31, 2024. <br />3. Cash Consideration. No later than seven (7) days from the Effective Date of this <br />Agreement WFC will transmit via wire transfer to the Morgans' legal counsel, Dufford, <br />Waldeck, Milburn & Krohn, LLP, the sum of four hundred forty three thousand five <br />hundred ninety two dollars ($443,592,00), which sum represents $428,021.10 for <br />satisfaction of the Judgment in the Civil Action and the payment of $15,570.90 to the <br />Morgans in lieu of the obligation of WFC to install a replacement domestic water well on <br />the Morgan Property, as required by the Coal Lease. <br />4. Dismissal of Actions. No later than seven (7) days from the Effective Date of this <br />Agreement the parties shall file the necessary documents in the form of Exhibits 3 - 5, <br />attached, to effectuate: <br />a) the satisfaction of the judgment and the dismissal, with prejudice, of the Civil <br />Action cases and 10 CV 548, each party to pay its own attorney fees and court costs <br />(except to the extenvencompassed in the payment to the Morgans specified in Section 3 <br />above) (Exhibits 3, and 4); and <br />b) the withdrawal of the Permit Objections and the OSM Objections (Exhibit 5). <br />(00158657.2 ) 2 <br />