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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 13 of 31 <br /> documents in any legal or regulatory proceedings, subpoena, civil investigative demand, or other <br /> similar process of law;provided tliat the disclosing Party slial I inform any party to which it discloses <br /> confidential information under this Agreement shall be informed of the confidential nature of <br /> thereof. The Parties agree that in the event of a breach of this Section 7.15, the Parties may resort <br /> to or invoke any appropriate remedy at law or in equity. <br /> Section 7.16 Covenants Running With the Subiect Property. <br /> (a) It is the intent and agreement of the Parties that the rights, obligations, <br /> terms, covenants, and conditions of this Agreement shall be covenants running with the Subject <br /> Property. In the event that CAM intends to sell or transfer any riglits related to the Subject Property <br /> or the Coal Lease, CAM shall make any such transaction subject to this Agreement. CAM shall <br /> require that any successor or assign of any rights related to the Subject Property or the Coal Lease, <br /> or operator with respect to the Mining Activities,shall, as a condition to any such assignment or <br /> transfer,agree to be bound by the terms and conditions of this Agreement. <br /> (b) Contemporaneously with the execution of this Agreement, the Patties shall <br /> execute,notarize, and deliver a Memorandum of Settlement Agreement in the form attached hereto <br /> as Exhibit D (the"Recording Memorandum") and cause the Recording Memorandum to be filed <br /> in the real property records of any applicable county containing any portion of the Subject <br /> Property. Eitlier Party sliall leave the riglit to record the Recording Memorandum in all applicable <br /> jurisdictions and county offices and files. Promptly (but in no event later than thirty (30) days) <br /> after the termination of this Agreement, the Parties shall execute, notarize, and deliver any <br /> reasonable instrument requested by either Party that effects the permanent release and termination <br /> of this Agreement and the Recording Memorandum. <br /> Section 7.17 Further Assurances. The Parties shall act in good faith in carrying out and <br /> exercising their rights,duties, and obligations hereunder. Each Party shall cooperate with the other <br /> Party and execute such instruments or documents and take such other actions as may reasonable be <br /> requested from time to time in order to carry out, evidence, or confirm its rights or obligations or <br /> as may be reasonably necessary or helpful to give effect to this Agreement. The Parties shall <br /> execute and deliver, or shall cause to be executed and delivered from time to time, such fin-ther <br /> instruments of conveyance and transfer as either Party may reasonably request to accomplish the <br /> agreements and covenants contemplated by this Agreement. <br /> [SIGNATURE PAGE FOLLOWS] <br /> i <br /> i <br /> 12 <br />