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JoEllen Turnor 970- 864 -7682 p.3 <br />Water Case; the withdrawal of the Permit Objections and tlhe OSM Objections; and the <br />reclamation of the Morgan Property in conformity with this Agreement, the requirements <br />of SCMRA, and other applicable law. <br />i. It is the intention of tile Morgans and NVrC that this Agreement will be <br />implemented and carried out by them, and approved by DRViS/1%4I.RB to the extent <br />necessary to implement any changes to the Mining Pernhii. <br />H. 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 )affective Date will be <br />the date when all parties have executed this Agreement and its terms have been <br />authorized and approved by DRMS/MLRB as necessary to give full effect to all of its <br />provisions. As such, the approval by DRMS/MLRB will be a condition precedent to the <br />enforcement of this Agreement. <br />a. Notwithstanding the above provision, the parties agree that all actions with <br />respect to the Civil Action (including the appeal thereof), IOCV548, the Water Case, tlhe <br />Permit Objections, and the OSIvI Objections shall be stayed during rte period of tine <br />when this Agreement is subject to review and approval by DRIN4S /MLRB. <br />- b. 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 projected date for final bond release shall be no later than December 31, 2Ri - --;?10 -9 <br />3. Caslt 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, Milbum & Krohn, LLP, the sum of four hundred forty three thousand five <br />hundred ninety two dollars ($143,592,00), which sum represents satisfaction of the <br />Judgment in tile, Civil Action and the payment of a sum to the Morgans in lieu of the <br />obligation of WFC to install a replacement domestic water well on die Morgan Property, <br />as required by tie 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 to effectua(e: <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 extent encompassed in die payment to the Morgans specified in Section 3. <br />above); <br />b) the withdrawal of the Permit Objections and the OSM Objections; and <br />2 <br />