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Case 1:20-bk-12043 Doc 454 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc Main <br /> Document Page 6 of 7 <br /> the execution of the Settlement Agreement, the Settlement Agreement provided for CAM- <br /> Kentucky to join and execute the Easement being concurrently granted to Columbia by the <br /> Owners. Therefore, privity exists between the parties as real property interests were conveyed by <br /> the Settlement Agreement related to and in connection with both the Real Covenant and the <br /> Easement. <br /> CONCLUSION <br /> 19. As the Real Covenant runs with the land under West Virginia law, the Debtors <br /> cannot reject the Settlement Agreement under Section 365 of the Bankruptcy Code and thus the <br /> Motion must be denied to the extent it relates to the Settlement Agreement. <br /> 20. Columbia likewise reserves any and all rights to enforce the Real Covenant against <br /> CAM-Kentucky and/or any successors or assigns thereof, and to supplement this Objection to the <br /> extent necessary to respond to any arguments made in opposition to this Objection. <br /> [continued on next page] <br /> 6 <br />