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<br />Mining Reclamation Act, Section 34-33-101, et seq., C.R.S., and its implementing <br />regulations and the Colorado Administrative Procedures 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 />c. Each of the Division and the Boazd and their principals, agents, attorneys, <br />employees, shareholders, officers, directors, heirs, successors and assigns hereby <br />waive and release any and all known claims they have or may have against Basin <br />and the Tatums, 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 future <br />whether based in statute, including but not limited to the Colorado Surface Coal <br />Mining Reclamation Act, Section 34-33-101, et seq., C.R.S., and its implementing <br />regulations and the Colorado Administrative Procedures 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 />d. The waivers and releases made by Basin, the Tatums, the Boazd and the Division <br />aze intended to resolve the NOV and all matters and proceedings arising directly <br />from the NOV; including the awazd of costs and expenses, including attorneys <br />fees, in Case No. OI-CV-38. The waivers and releases made in this Agreement do <br />not include matters related to (i) James (Jiml Tatum, et al. v. Basin Resources, <br />Inc. James (Jiml Tatum. et al. v. Basin Resources. Inc., Case No. OI-CV-26, (ii) <br />collateral proceedings arising from or related to James (Jiml Tatum, et al. v, Basin <br />Resources, Inc. James (Jiml Tatum. et al. v. Basin Resources, Inc., Case No. Ol- <br />CV-26, (iii} other claims or defenses related to mining activities conducted by <br />Basin that aze unrelated to the Litigation, and (iv) any defenses or claims that <br />might be made or brought by Basin in relation to matters excluded from the <br />waivers and releases made by the Tatums, the Board, and the Division. For the <br />avoidance of doubt, the Tatums specifically do not release Basin or San Isabel <br />Electrical Cooperative for any damage done to their property and water supply <br />and failure to restore same <br />2. Basin shall pay to the Tatums the sum of $30,000, which shall be deemed to be full and <br />complete satisfaction of the order of the district court awazd costs and expenses, <br />including attorney fees, in Case No. OI-CV-38. Payment shall be tendered to the Tatums <br />within five business days following receipt of facsimile copies of executed originals of <br />this Agreement and the attached Motion for Voluntary Dismissal. Basin shall use al] <br />reasonable efforts to tender payment sooner than five business days. Payment shall be <br />made by wire transfer to the following account: <br />Walton D. Moms, Jr. <br />Attorney at Law Trust Account <br />Sun Trust Bank <br />7818 Parham Road <br />Richmond, Virginia 23294 <br />-3- <br />