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contractors. The dismissal of the lawsuit and the applications for review <br />shall be with prejudice as to all contractor violations being settled by this <br />Agreement, but without prejudice as to all contractor violations outside <br />this Agreement. Furthermore, Pittston hereby waives its right to file <br />constitutional challenges to the AVS and the ownership and control <br />regulations, 30 C.F.R, 4 § 773.5 and 773.15, as ~to all contractors on <br />Exhibit A and all contractor violations on Exhibits 6 - G being settled by <br />this Agreement, but Pittston reserves its rights as to all contractors and <br />contractor violations outside this Agreement. <br />3. Pittston and OSM have researched their records and have <br />exchanged information as to Pittston's contract miners. In order to <br />resolve the dispute between them, Pittston hereby agrees that, as tv the <br />entities at the sites listed on Exhibit A, the factors exist which give rise <br />to the presumption of ownership and control as defined at 30 C,F R. § <br />773.5. Pittston also agrees that those presumptions may be applied to <br />the entities identified on Exhibit A on a permit specific basis. Exhibit A <br />includes, to the extent available, the contractor name, AVS Entity <br />Identification Number, Mine Safety and Health Administration <br />Identification Number, and permit numbers. Upon execution of this <br />-- Page Number 3 - <br />e,nn Pih •rvn~-~*nrcrr rl nn. neoo.. r...w .~ ,,,, ., ,, ,,,-,,, ,, <br />