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Case 1:20-bk-12043 Doc 454-2 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc <br /> Exhibit B Page 2 of 10 <br /> MEMORANDUM OF SETTLEMENT AGREEMENT <br /> This Memorandum of Settlement Agreement (the "Memorandum") is entered into and <br /> effective this the day of June,2019(the"Effective Date") by and between CAM-Kentucky <br /> Real Estate LLC ("CAM"), with an address of 424 Lewis Hargett Circle, Suite 250, Lexington, <br /> KY 40503, and Columbia Gas Transmission, LLC ("Columbia") with an address of 1700 <br /> MacCorkle Avenue, S.E., P.O. Box 1273, Charleston, West Virginia 25325-1273. 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-1 16 and <br /> appurtenances related thereto in Mingo County, West Virginia (the "Pipeline") <br /> WHEREAS, Logan Coal & Timber Corporation and C.W. Campbell Company, which <br /> property is more particularly described on Exhibit A attached hereto and incorporated herein (the <br /> "Subject Property"); <br /> WHEREAS, the Subject Property has been leased for coal extraction by CAM pursuant to <br /> a Lease Agreement dated September 20, 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,- <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; <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; <br /> WHEREAS, the Parties entered into that certain Confidential Settlement Agreement of <br /> even date herewith ("Agreement") in order to completely and finally resolve all claims between <br /> them that are in any way related to the Pipeline; and <br /> WHEREAS, in accordance with the terms of the Agreement, the Parties desire to place <br /> this Memorandum of record in the Office of the Recorder of Deeds of Mingo County, West <br /> Virginia to provide record notice of the Agreement and the terms and conditions contained <br /> therewith with respect to the Subject Property. <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements herein <br /> contained and other good and valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows: <br /> I. Parties. The parties to the Agreement are CAM and Columbia. The addresses of CAM <br /> and Columbia are set forth in the Preamble of this Memorandum, <br />