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Neither Burton nor its principals, affiliates,representatives or agents will oppose <br /> Southway's partial acreage releaseand/or surety reduction of Permit M-1987-013. <br /> 1.5. Southway will timely seek a technical revision to Permit No. M-1987-013 to align the <br /> adjacent property's reclamation plan with the anticipated Burton 110(c)permit. <br /> Reclamation plans for both pits will be designed to provide a safe (e.g.,highwall <br /> knockdown and grading)and seamless transition(e.g., matching seeding rate and mix) <br /> between each property's reclamation. Southway shall have no responsibility to Burton <br /> for any further reclamation on the Burton Property upon CDRMS approval of <br /> Southway's partial acreage release and surety reduction. <br /> 1.6. During the highwall knockdown,which shall occur no later than November 1, 2022, <br /> each Party agrees to have a representative present to ensure no damage is sustained on <br /> either side of the highwall and to ensure mutual satisfaction with completion of the <br /> earthwork. <br /> 1.7. Within 7 days of the Effective Date,Burton and Southway will jointly approach <br /> CDRMS to explain this Agreement and to resolve the Board's Order regarding <br /> reclamation. <br /> 1.8. With regard to both Burton's anticipated 110(c)permit application, and any filing by <br /> Southway to CDRMS related to an acreage reduction,bond reduction, and technical <br /> revision related to the Burton Pit as described above, at least 21 days before any <br /> submittal to CDRMS, each Party agrees to provide to the other Party a draft of the <br /> submittal for review and comment by the other Party. Each Party also agrees to provide <br /> notice to the other Party of the official submittal to CDRMS. <br /> 1.9. While the Parties anticipate that CDRMS will approve Burton's 110(c)permit <br /> application,if CDRMS does not approve such permit application,Burton shall provide <br /> Southway access to the Burton Property so that Southway may complete any <br /> reclamation as may be required by Permit M-1987-013, CDRMS and/or the Board. <br /> 2. Warranties and Acknowledgements of Parties.The Parties hereby represent and warrant <br /> to one another the following: <br /> 2.1. That this Agreement shall be legally binding upon the Parties individually and jointly <br /> and severally and in all other capacities identified. <br /> 2.2. That this Agreement is not in violation of or in conflict with any other agreement <br /> known to a Party. <br /> 3. Miscellaneous Provisions. <br /> 3.1. Attorney Fees and Costs. The Parties shall each bear their own attorney fees and costs <br /> in connection with this Agreement. If any legal action or other proceeding is brought to <br /> Settlement Agreement Page 3 of 5 <br /> Burton Farms,LLLP <br /> Southway Construction Company,Inc.of Alamosa <br /> Doc ID:66fadOc58627aec25d26f6a5d8ece84caOe7b8e1 <br />