2013-07-03_GENERAL DOCUMENTS - C1981008

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Morgans: Michael Morgan and JoEllen Turner P.O. Box 346 Nucla, CO 81424 email: ioellenturner0l @ agmail.com WFC: Mine Manager New Horizon Mine Western Fuels Colorado, a Limited Liability Company P.O. Box 628 Nucla, Colorado 81424 Email: rjwolney @wfcnucla.org 11. Mutual Release. Except to the extent necessary to enforce this Agreement, the Morgans hereby release WFC, and WFC hereby releases the Morgans, from each, any, and all claims, liabilities, and causes of action, defenses, and setoffs either party has, or may have, as of the Effective Date of this Agreement and arising, directly or indirectly, from the Coal Lease, the Civil Action (including all affirmative defenses and counterclaims), 10 CV 548, the Water Case, or any other unasserted legal claims pertaining to any other events or occurrences. By way of example only, this Agreement discharges claims for breach of contract, breach of statutory duties, tort claims for injuries or property damage, and claims seeking injunctive or equitable relief arising through the Effective Date. All such claims and defenses are discharged by this Agreement. 12. Compromise of Disputed Claims. This Agreement is a compromise as to legal claims which are disputed. It shall not be regarded as an admission of fault or wrongdoing by any party. 13. Remedies. In the event of any breach of this Agreement the non - breaching party shall be authorized to maintain an action for damages, injunctive /declaratory relief, or both as the case may be. Injunctive relief shall be permitted upon a showing of breach; the parties hereby waive any requirement for bond as a condition for obtaining such relief. In any such action the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs, in addition to any other relief. Sums which are owing under this Agreement and unpaid shall accrue interest at the rate of eight percent (8 %) per annum from the date of default until paid in full. 14. Governing Law /Venue. Colorado law governs this Agreement. The sole venue for any dispute arising from this Agreement shall be the courts of Montrose County, Colorado. 15. Binding Agreement. This Agreement is a valid, binding, and enforceable obligation of the parties, duly executed after having obtained all necessary and. lawful authority. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective successors, heirs, and assigns. (00158657.2 )