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.. <br />,y <br />.~ - <br />IN THE UNITED STATES DISTRICT COURT <br />FOR THE DISTRICT OF COLORADO <br />Civil Action No. 83-JM-293 <br />KEN MCGRIFFIN, <br />l'.:~_'.. . ~: <br />Plaintiff, <br />APRz9i~~~ <br />v. <br />r.~.r~.n i;.rit. r,rrr,~rar~o,, nivisipr) <br />ARNESS-MCGRIFFIN COAL COMPANY, et al.. CviJ.~.:: ~.G~.rd~~ralReSoJrres <br />Defendants. <br />SETTLEMENT AGREEMENT <br />In order to compromise and settle their disputes and <br />without admitting liability for any of the claims o[ <br />counterclaims asserted herein, plaintiff and defendants hereby <br />agree as follows: <br />1. Defendant Arness-MCGriffin Coal Company ("AMCC") <br />is the lessee or owner of certain coal properties located in <br />La Plata County, Colorado (the "Properties"). AMCC has entered <br />into a sublease agreement concerning the Properties with <br />Durango Coal Company, a Utah corporation ("Durango") pursuant <br />to which AMCC is to receive, inter alia, a minimum production <br />royalty of 51.25 per ton of coal mined, produced and sold from <br />or through the Properties. In consideration for the other <br />agreements stated herein, AMCC agrees to pay to plaintiff <br />("McGriffin") the sum of 5150,000 as follows: <br />