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<br />7. Except as may be expressly modified herein, all of the [eras and <br />conditions of the Lease and the Stipulation are valid and binding on all parties <br />hereto and remain in full force and effect. <br />8. Pursuant to the Routt County DSsttlct Court's Y.inute Order of November <br />24, 1987 and the Notice of Setting of Heating, dated February 1, 1988, a hearing <br />is currently set for July 18, 1988 to determine the amount of costs and damages <br />owed by Eilts to Sun Coal for repair of damage caused by ~'_lts in the fall of <br />'_9g7. Sun Coal presently claims :9,587.93 owing as a result of costs incurred <br />by Sun Coal is the form of repair work, attorney's fees, engineering fees,/~ <br />witness fees and costs. As further consideration fo- the proniJ~~g~-.a6pedU~~ ~„ <br />herein, Sun Coal agrees to discount that pend'_ag claim and accept r.e-rv2cr:~cUin `r _~iC/ <br />cash or certified funds at the time of execution of this Settlement Agreement <br />and Release. Payment of such amount shall constitute a fu'_1 settlement of all <br />monies owing by E'_lts to Sua Coal as a result of the contempt found by the Routt <br />County District Court on November 24, 1987. <br />9. If either parry commences legal proceedings to enforce any of the <br />prows ions of this Settlement Agreement and Release, the prevai'_ing party shall <br />be awarded its/his reasonable attorney's fees, costs and expenses incurred in <br />such enforcement proceedings. <br />10. The provisions o: this Settlement Agreement and Release shall bind and <br />- inure to the benefit of the parties hereto and their respective heirs, personal <br />representatives, successors, assigns, shareholders, employees, officers and <br />d'_rectors. <br />,'~. _~ . <br />_ Sonn ~. =i1ts <br />~~~ ~~ ~ a <br />SJN CUAL COvDV1~', Tt~C. <br />nrya~ J. AaZilet, :'.aaaeer <br />- 4 - <br />