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4. These Defendants hereby agree to dismiss, with preju- dice, all counterclaims asserted against Plaintiff in the cap- tioned litigation including, without limitation, claims for damages based upon alleged intentional interference with con- tractual relations, breach of contract and frivolous action. 5. Plaintiff The Victor-American Fuel Company hereby agrees 'to dismiss with prejudice all claims asserted against these D~afendants in the captioned litigation including, without limitation, claims Eor compensatory and punitive damages based upon alleged trespass, conversion or wrongful removal of Plain- tiff's coal, and other alleged breaches and defaults under the 1977 and 1978 Leases; provided, however, that these Defendants shall remain responsible for satisfying accrued obligations as detailecl in paragraph 1. 6. This Stipulation shall be binding upon the parties hereto, their heirs, successors, representatives, and assigns. MOTION WHEREFORE, the parties hereby respectively move this Court to enter its Order dismissing, with prejudice, the respective claims and counterclaims asserted by Plaintiff and these Defen- dants against each other and dismissing without prejudice any remaining claims or crossclaims between and among the defen- dants, each party to bear his, her or its own costs and attor- neys' fees. Dated this ~ day of July, 1984. IRELAND, STAPLETON, PRYOR 6 .PASCOE, P.C. Marion A. Brewer D. Moshe Pascoe 1675 Broadway, Suite 2600 Denver, Colorado 80202 Telephones: (303)623-2700 Respectfully submitted, HOLLAND S HART By " Britton white, J~/. Joy E. Hansen Brian R. Hanson 555 17th Street, Suite 2900 P. 0. Box 8749 Denver, Colorado 80201 Telephone: (303)295-8000 ATTORNEYSi FOR DEFENDANTS VANCE MILLS AND TRINIDAD BASIN MIDIING, INC. ATTORNEYS FOR PLAINTIFF -4-