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BA 061000104 <br />Account Number 0000201604477. <br />3. Basin shall voluntarily dismiss its appeals in Case No.02CA1915 and Case <br />No. 03CA0039. The Division and Boazd shall voluntarily dismiss their cross-appeal in <br />Case No. 02CA1915. Each party to this Agreement shall execute the attached Motions <br />for Voluntary Dismissal in Cases No.02CA1915 and 03CA0039 contemporaneously <br />with the execution of this Agreement. Except as expressly stated in this Agreement, each <br />party shall bear its own costs and expenses in any way related to the Litigation. <br />4. This Agreement shall be construed in accordance with and governed by the laws of <br />Colorado, without giving effect to the conflicts of law provisions of Colorado law. <br />5. All parties hereto agree to cooperate with each other concerning the execution and <br />implementation of this Agreement. <br />6. This Agreement represents the entire agreement and understanding among the parties <br />with respect to the subject matter of this Agreement and supersedes any and. all prior oral <br />and written agreements, arrangements and understandings among the parties with respect <br />to such subject matter, and can be amended, supplemented or changed, and any provision <br />hereof can be waived, only by a written instrument making specific reference to this <br />Agreement signed by the party against whom enforcement of any such. amendment, <br />supplement, modification or waiver is sought. <br />James.E. Tatum and Ann Tatum <br />BY: 9~~L! <br />Walton D. Moms as omey or they Tatums <br />Colorado Mined Land Reclamation Board and <br />Colorado Division of Minerals and Geology <br />By: <br />Stephen M. Brown at attorney for the Boazd and the Division <br />Basin Resources, Inc. <br />By:_ <br />Title: <br />-4- <br />