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dismissal wrth crejud ice of all pending clams and ~.+ttheut <br />further permission to file amended complaints or counter- <br />claims of Holly's complaint and Lien's ce u;.terc laim in the <br />Fort Co1lir.s Suit relating thereto. <br />2. Holly and Lien shall petition the hoard to <br />terminate the Board Hearing without Further examrnation or <br />proceedings ether than to approve this Agreement as its <br />determination of such hearing, and to effect those decisions <br />to which the parties hereto agree, but •~h ich require as well <br />consent or affirmative action by the Board; and Ho11y and <br />Lien shall file such ocher and further documents as are <br />neede3 to implement the intention of this paragraph 2. <br />3. Holly shall waive any claim to the imp rove menu <br />presently sLtua ted upon the 1970 and 1976 Surface Leases, includ- <br />ing, without limitation, the fine grind plant, office buildings <br />and Tipple, on account of Lien's Failure to remove them within <br />90 days following !ermination of the Quarry Contract or t~ <br />any right under the Quarry Contract to have them removed <br />from their present location, except as to such disposition <br />of the Tipples a~ map herein be specified, and FFO 11y shall <br />execute and file such other and further documents as are <br />needed to implement the intention of this paragraph 3. <br />4. Lfen shall relinqulah and release the Loading <br />Site from the premises described and demised under the• <br />1976 Surface Lease and shall petition and execute and films <br />such papers with the Board as shall effect such relinquish- <br />ment. However, as a condition to such relinquishment, Ho11y <br />shall grant to Lien n License to use (a) the loading Tipple <br />for loading limescone pursuant to the G.w. Contract; (b) <br />that portion of the Loading Sitn which is colored solid <br />brown on Exhibit "A" for stockpiling of limestone prior to <br />- 5 - <br /> <br />