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<br />KOS~', THEREFORE, in consideration of the mutual promises herein contained,
<br />the receipt and sufficiency of which ie hereby acknowledged, Eilts and Sun Coal
<br />agree as follows:
<br />1. Sun Coal will exercise its best efforts to secure from the HLRD a
<br />zelease of its surety bond as it relates to the Road and a full release of all
<br />further liability for design, construction, maintenance and reclamation of the
<br />Road.
<br />2. Sun Coal will not object to an application by Eilts co the !9.RD for
<br />removal or reduction in size of the sedimentation pond located next to the Road
<br />at the south end of the Leased Premises near [he entrance into Coal View Gulch.
<br />It is agreed that the cost of any such approved removal or reduction in size
<br />shall be paid exclusively by Eilta and not by Sua Coal and shall be done
<br />pursuant to the specifications and requirements of the HLRD. Eilts and Sun Coal
<br />each agree to comply with the decision of the YS.RD or the Colorado Hined Land
<br />Reclamation Board with respect to the subject matter of this paragraph ~.
<br />3. Upon release by the 2iT.RD of Sun Coal's surety bond as it relates to
<br />the Road, Eilts does hereby release, accuit and forever discharge Sun Coal, and
<br />its successors and assigns, and all of its employees, shareholders, officers and
<br />directors and their respective heirs, personal representatives, successors and
<br />assigns, from any and all actions, contracts, judgments, debts, claims, demands,
<br />warranties and liabilities of any kind or nature whatsoever, in law or in
<br />equity, which _°i1ts, and their heirs, personal representatives, successcrs and
<br />assigns, ever had or now have or may in the future have, whether known or
<br />unimoty, against Sun Coal, its successors and assigns, and all of its employees,
<br />shareholders, o_ficers, and directors, and their respective heirs, personal
<br />representatives, successors and assigns, for or by reason of any act, =atter,
<br />cause or thing whatsoever, arising out of the design, location, size,
<br />construction, maintenance, reclamation, present cond'_tion, or future problems or
<br />failure, of the Road, oz any part or portion of the Road, or the dra_aage system
<br />or any part or portion of the drainage system and its constituent pmts,
<br />constructed ir., near or around the Road cr any part or portion of the Road,
<br />existins as of the date of execution of this Settlement Agreement and Release.
<br />Eilts represents and warrants that there has been no assignment o- oche-
<br />c.-ansfer of any interest in any c1ai~, whether described in this paragraph 3 or
<br />- 2 -
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