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'J III. Lien has con ;tructed a Loading facility (here- <br /> loaf ter the "Tipple") on that portion o° the 1976 Surface Lease <br /> which is ad)acent to the Spur (hereinafter the "Loading <br /> Site"1 and has previously utilized a portion of the loading <br /> Site for stockpiling limerocY, which has been quarried and <br /> which is a~.+aiting rail shipment. On Exhibit "A," the Loading <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 commitment <br /> to Great Western Sugar Company (hereinafter "G.W.") to sell <br /> to it limestone for G.W.'s use in its factory in Goodland, <br /> Kansas (hereinafter the "G.W. Contract"). Such sales •.:ou1d <br /> be uneconomical unless shipments were by rail. For this <br /> reason, Lren wishes to utilize the Spur and Tipple to effect <br /> delivery to G.W.'s Goodland plant at least through the <br /> balance of G.41.'s 197E-79 processing campaign, estimated to <br /> conclud=_ shortly after the new year. <br /> X. Representatives of Holly 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, THEREFORE, in consideration of the premises, <br /> and as and for a comer=_hensive and permanent compromise and <br /> settlement of their several claims, disputes and alleged <br />. damages, and in Lieu of and to resolve all of the present <br /> or pending legal proceedings or administrative hearings, <br /> including, without limitation, the Fort Collins Suit and <br /> the Board Hearrng, the parties hereto agree as follo~.:s: ~ = <br />= (' <br />•i' <br /> ~ <br />, <br /> 1. Each party releases the other of all claims '~` <br /> arising hereto=ore in connection with their quarrying operations. <br /> Ho11y and Lien s~na 11 e ecute and cause to be filed •.:ith the <br /> court such ether and further documents as shall of `_ect the <br />- 4 - <br />• <br />