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i;., 7p <br />5...:o- J.I ~,. Ss .+• ,. ~i. fI <br />~i i ~. . <br />F4 a`~ <br />' o:l:;:r et Facts :ping ll:=refrcm, which alt.~n is ~hecl hereto as f-•rf:ibit /t, eonsistinc <br />of .ahnro;:i:n_FJy eighty-five pages avd identified as Project t`n. C139-003-VI, <br />::s sup?Ie:r.en[ed by a letter from Darn':s E t'core dated f:ovembar 29, 1973, attached <br />h••=rata as E>:hibi; 6, consisting of l:vo a=ges, and further supal~rnenied by a ~ ' <br />letter from Dames E Inoure dated Dec_m5_r 5, 1973, attached hereto as Erhiblt <br />C, a::cl consisting of one paye with an a!ta^_had diagram illustrating a typical <br />berm cross section (or Snider Quarry, ,vhich plan was adopted by the Board . <br />of Directors cF Castle by resolutior. dated October 31, 1973, which revolution . <br />is at[ach:.l F:ereto as Exhibit D, is hereby fully confirmed and rati Fled by Castle ~' <br />~, as its plan for minimizing the envirarmental impact and providing for the reclama;ioi <br />• ~ ~ ~ .. ,; <br />' of the prapxty; provided that nothing herein shall be caristrued~te prevent Castle,; <br />.. ~ ~ from amandirg, changing or deviating from said plan if Castle determines i[ • .~:'?~ t. <br />~~ ', to be necessary or dasirble. Snculd subs;antlal cfiange take place, Castle agrees `' ' <br />~~ to so infarct th±El Paso Board of Ccun;y Commission2rs. ~~ .. , <br />3. In ~cansidera[ion of the thous and foregoing, all Defendants agreo- ~~ <br />[o aces?t the Court's decisions with regard to Plaintiff's First grid _~second cl~in. ' ~; <br />F.:,.t~. <br />far relirF and not to appxal~such dectsions.~ Each party waives his or its appeal ~: ~.. <br />rights.; :`:,::.~i'. <br />... ... ; ~.' ': y.:'~,. <br />U. That all costs of litigation sfiallb~ harneby the party incurring'" <br />such cost and no costs shall be taxed by the Court as the result~oF this Iiitigation: =~: <br />. S. ~ By reason of this agre_.rent, the parties in[end'to ~terntirta[e all ~;• •:, ; <br />,~ <br />litigation ~vith~respxtto [he Snide: Quarry operations,'provide.for the dismissal! <br />~oF Plainti~'s claim for damages, provide far ~[he costs fncurred~by each oFthe " <br />parties to be paid by the party ir.vrrirg the cost, arid, to~the e:ctent herein provid <br />• assure that a realistic plan which considers and provides For the environment <br />P and the ultimate reclamation of the affected property is utilized and put into effect <br /> <br />i <br />