2020-10-06_GENERAL DOCUMENTS - C1980004

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Case 1:20-bk-12043 Doc 454 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc Main Document Page 3 of 7 7. Pursuant to the Settlement Agreement, among other things, CAM-Kentucky, as a consenting lessee, executed and joined an easement agreement granted by the Owners in favor Columbia granting Columbia a right of way and easement on the Subject Property for purposes of operating and maintaining the Pipeline (the"Easement"). See Settlement Agreement, Section 4.1. CAM-Kentucky also agreed that it will leave in place and not mine certain coal located beneath and around the Pipeline (the "Support Coal") in order to protect the integrity of the Pipeline. See Settlement Agreement, Section 5.1. 8. The parties agreed and intended that the terms and conditions of the Settlement Agreement, including the Easement as well as the obligation to leave the Support Coal in place (the "Real Covenant"), shall be covenants running with the land, and that CAM-Kentucky would require any of its successors or assigns of its rights related to the Coal Lease or Subject Property to be bound by the Settlement Agreement. See Settlement Agreement, Section 7.16(a). 9. Accordingly, a Memorandum of Settlement Agreement was filed of record on or about July 25,2019 with the Office of the County Clerk of the County Court,Mingo County,West Virginia in Book Number 110, at Page 410 (The"Memorandum"). A true and correct copy of the Memorandum is attached hereto as Exhibit B. The Materials Transfer Agreement 10. The Materials Transfer Agreement provided that, in exchange for consideration to be paid to CAM-Kentucky by Columbia, Columbia would transfer and deliver to CAM-Kentucky certain rock and soil excavated by Columbia on the Subject Property for CAM-Kentucky's use in its coal mining operations on the Subject Property. 11. CAM-Kentucky's Schedule G appears to reference the Materials Transfer Agreement but does not include reference to the Settlement Agreement. See Docket No. 158. 3