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On December 8, 1994, OSM, DMG, and Kerr reached this Agreement <br />resolving the aforementioned matters. <br />IV. TERMS OF AGREEMENT. <br />1. Kerr agrees to file motions requesting stays, or equivalent <br />relief, of the pending litigation before OHA in Kerr v. OSM, <br />Docket Nos. DV 94-12-R, DV 94-18-R, DV 94-20-R, DV 95-1-P, <br />and DV 95-2-P, and before the Court in Kerr v. Babbitt, <br />Civil Action No. 94-Z-2463. OSM and DMG agree to stipulate <br />to and actively support Kerr's motions in any proceeding to <br />which they are a party. If the Court in Kerr v. Babbitt <br />denies Kerr's motion for stay or otherwise orders the case <br />to proceed and the parties have not, pursuant to paragraph 9 <br />below, been released from the obligations imposed by this <br />Agreement, then the parties agree to continue performance of <br />this Agreement notwithstanding the ongoing litigation in <br />Kerr v. Babbitt. <br />2. As agreed by the parties on December 8, 1994, Kerr, on <br />December 20, 1994, delivered to OSM and DMG three maps and <br />two photographs of Pit 1 at the Mine. The maps are <br />entitled, respectively: "Pit 1 Reclamation Alternative;" <br />"Cross-Sections A-A' and B-B';" and "3D-Views of Pit 1 <br />Reclamation Alternative." One photograph is a computer- <br />generated depiction of the surface configuration of Pit 1 <br />described in the three maps. The other photograph is an <br />actual view of Pit 1 as of 12/8/94. OSM agrees that the <br />three maps and the computer-generated photograph constitute <br />a plan (the Plan) for the surface configuration of Pit 1 <br />that will, if approved by DMG as a revision to the Permit <br />and implemented by Kerr, comply with the AOC requirements of <br />the Colorado program. <br />3. On or before January 31, 1995, Kerr will file with DMG, with <br />a copy provided to the OSM Western Support Center, a pro- <br />posed revision (the Proposed Revision) to the Permit which <br />implements the Plan (i_e.,, requires, based on a detailed <br />operating plan and engineering drawings, reclamation of Pit <br />1 to the surface configuration depicted in the Plan). DMG <br />will review and process the Proposed Revision in accordance <br />with the Colorado program, with OSM's participation and <br />concurrence. <br />4. If DMG approves the Proposed Revision (the Approved <br />Revision) and such approval becomes final administrative <br />action no longer subject to administrative or judicial <br />review, then: <br />a. Kerr will, with the concurrence of the OSM Western <br />Support Center and DMG, develop a timetable to <br />3 <br />