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Case 1:20-bk-12043 Doc 454-1 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc <br /> Exhibit A Page 2 of 31 <br /> CONFIDENTIAL SETTLEMENT AGREEMENT <br /> This Confidential Settlement Agreement (the "Agreement") is entered into and effective <br /> this the day of June, 2019 (the "Effective Date") by and between Columbia Gas <br /> Transmission, LLC ("Columbia"), and CAM-Kentucky Real Estate LLC "CAM" . CAM and <br /> Columbia may be referred to hereinafter collectively as the "Parties"or individually as a"Party" <br /> WITNESSETH: <br /> WHEREAS, Columbia has laid and currently maintains and operates Line SM-116 and <br /> appurtenances related thereto in Mingo County, West Virginia(the "Pipeline") <br /> WHEREAS, the Pipeline is located on that certain real property owned by Logan Coal& <br /> Timber Corporation and C.W. Campbell Company (collectively, "Owners") which property is <br /> more particularly described on Exhibit A attached hereto and incorporated herein (the "Subject <br /> Property") <br /> WHEREAS, the route and location of the Pipeline right of way and easement is described <br /> on Exhibit B attached hereto and incorporated herein (the "Easement"); <br /> WHEREAS, the Subject Property has been leased for coal extraction by CAM pursuant to <br /> a Lease Agreement dated September20, 1985,of record in Book 071,at Page 401 in the Office of <br /> the County Clerk of the County Court,Mingo County, West Virginia(the"Coal Lease"); <br /> WHEREAS, Columbia has agreed to relocate a designated portion of the Pipeline in order <br /> to facilitate CAM's coal mining activities under and pursuant to the Coal Lease "Minis, <br /> Activities") <br /> WHEREAS, the Parties have agreed that,except for the designated relocation segment of <br /> the Pipeline depicted on Exhibit B, and in exchange for the consideration and covenants herein, <br /> Columbia shall not be obligated to relocate the Pipeline; <br /> WHEREAS, the Parties desire to minimize the undesirable effects of overlapping <br /> operations related to the Relocation and Mining Activities, and to accommodate the other Party's <br /> respective operations and interests with respect to the Subject Property;and <br /> WHEREAS, the Parties desire to enter into this Agreement in order to completely and <br /> finally resolve all of CAM's claims that are in any way related to the Pipeline. <br /> NOW, THEREFORE, in consideration of the mutual covenants, conditions and <br /> consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged, the <br /> Parties agree as follows: <br /> t <br />