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;III. Lien has con ;eructed a loacing facility There- <br />inafter the "Tipple") on that portion of the 1976 S~~rface Lease <br />which is ad)acent to the Spur (hereinafter the "Loading <br />Site") and has previously utilized a portion of the Lcading <br />Site for stockpiling limero ck which has been cuarried ar.d <br />which is awaiting rail shipment. On Exhibit "A," cne =oad _nq <br />Site is outlined and double cross-hatched by red lines, and <br />the Tipple is colored solid purple. <br />IX. Currently, Lien has a contractual ccrrit~ent <br />to Great Western Sugar Company (hereinafter "G .41.") to sell <br />to >.t limestone Eor G.w.'s use in its factory in Goodland, <br />Kansas (hereinafter the "G.W. Contract"l. Such sales ~:ouid <br />be uneconomical unless shipments were by rail. For this <br />reason, Lien w a hes to utilize the Spur and Tipo le to __f fete <br />delivery to G.ca.'s Goodland plant at least through the <br />balance of G.'~.'s 1978-79 processing campaign, estimated to <br />conclude shortly after the new year. ~ <br />X. P.e presentatives of Ho11y and Lien met on <br />June 23, 1978 and expressed a desire to resolve their <br />differences by agreement rather than further contention. <br />NOW, THE REEORE, in consideration of the premises, <br />and as and for a comprehensive and permanent compromise and <br />settlement of their several claims, disputes and alleged <br />damagas, and in _ieu of and to resolve all of the present <br />or pending legal proceedings or administrative hearings, <br />incLud inq, without limitation, the Fort Co'_Lins Suit and <br />the Board Hearing, the parties hereto agree as follows: ~ - e' <br />4' (. <br />1. Each carry releases the other e_` a1i claims '~ <br />arising here cofore in connection with their quarry icq operations. <br />Ho11y and L:en shall e:;ecute and cause to be filed with the <br />court such other and further dor-uments as sha 11 of `_ect tr.e <br />_y_ <br /> <br />