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dismissal with prejudice of aLl pending claims and ~.aithout <br />further permission to file amended complaints or countzr- <br />claims of Holly's complaint and Lien's counterclaim in the <br />Fort Collins Suit relating thereto. <br />2. Holly and Lien shall petition the Board to <br />terminate the Board Hearing without further examination or <br />• proceedings other 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 which require as well <br />consent or affirmative action by the Board; and Ho11y and <br />Lien shall file such other and further documents as are <br />needed to implement the intention of this paragraph 2. <br />3. Holly shall waive any claim to the improvements <br />presently situated upon the 1970 and 1976 Surface Leases, inc'_ud- <br />ing, without limitation, the fine grind plant, office buildings <br />and Tipple, on account of Lren's failure to remove :hem within <br />90 days following termination of the Quarry Contract or to <br />any right under the Quarry Contract to have them removed <br />from their present location, except as to such disposition <br />of the Tipple ai may herein be specified, and flo Lly shall <br />execute and file such other and further documents as are <br />needed to implement the intention of thrs paragraph 3. <br />4. Lien shall relinquish and release the Loading <br />• Site from the premises described and demised under the <br />1976 Surface Lease and shall petition and execute and file <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 a license to use (a) the loading Tipple <br />Eor loading Limestone pursuant to the G.W. Contract; (hl <br />that portion of the Loading Site which is colored solid <br />brown on Exhibit "A" for stockpiling of limestone prior to <br />- 5 - <br /> <br /> <br />