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F. Basin appealed the decision of the Board to the Las Animas County District Court, Case
<br />No. Ol-CV-77. The district court dismissed Basin's appeal. Basin brought, then
<br />voluntarily dismissed, an appeal of the district court's decision in Case No. Ol-CV-77,
<br />captioned Basin Resources. Inc. v. Colorado Mined Land Reclamation Board, et al., Case
<br />No. 01 CA24I0.
<br />G. The District Court for Las Animas County has issued an order awarding costs and
<br />expenses, including attorney fees, to the Tatums in Case No. OI-CV-38. Basin has
<br />appealed that order in an appeal captioned Basin Resowces. Inc. v. Tatum. Case
<br />No. 03CA0039.
<br />H. Basin, the Tatums, the Boazd, and the Division wish to settle and resolve all issues arising
<br />from or relating to the NOV. The NOV and Case No. 01-CV-38, Case No. OI-CV-77,
<br />Case No. O1CA2410, Case No. 02CA1915, and Case No.03CA0039 all relate to the
<br />allegation of subsidence damage that led to the issuance of the NOV, and are collectively
<br />referred to as "the Litigation". As more completely described in Section 1(d) below, the
<br />Litigation does not include or affect any issue related to the action James (Jiml Tatum. et
<br />al. v. Basin Resources, Inc., Case No. OI-CV-26, Las Animas County District Court;
<br />Colorado, or other claims or defenses related to mining activities conducted by Basin that
<br />aze unrelated to the allegations of subsidence that led to the issuance of the NOV,
<br />NOW THEREFORE, in consideration of the foregoing and the mutual agreements,
<br />promises, and representations set forth herein, and other good and valuable consideration, the
<br />receipt and sufficiency of which aze hereby acknowledged, Basin, the Tatums, the Boazd, and the
<br />Division AGREE AS FOLLOWS:
<br />1. Waiver and Release of Claims:
<br />a. Basin and its principals, agents, attorneys, employees, shareholders, officers,
<br />directors, heirs, successors and assigns hereby waive and release any and all
<br />known claims it has or may have against the Tatums, the Board, and the Division,
<br />and their principals, agents, attomeys, employees, shazeholders, officers,
<br />directors, heirs, successors and assigns, whether or not previously asserted, and of
<br />any known or unknown claims which might be asserted in the. future whether
<br />based in statute, including but not Limited to the Colorado Surface Coal Mining
<br />Reclamation Act, Section 34-33-101, et seq., C.R.S., and its implementing
<br />regulations and the Colorado Administrative Procedwes Act, Section 24-4-101, et
<br />seq., C.R.S., contract, tort, strict liability, or other legal characterization in any
<br />way related to or arising from the Litigation.
<br />b. Each of the Tatums and their principals, agents, attomeys, employees,
<br />shazeholders, officers, directors, heirs, successors and assigns hereby waive and
<br />release any and all known claims they have or may have against Basin, the Board,
<br />and the Division, and their principals, agents, attorneys, employees, shazeholders,
<br />officers, directors, heirs, successors and assigns, whether or not previously
<br />asserted, and any known or unknown claims which might be asserted in the futwe
<br />whether based in statute, including but not limited to the Colorado Surface Coal
<br />-2-
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