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~;FROM~natural • TO~DMG III III III III IIII III JU: 4. 1993 11~14RM #295 P.02 <br />999 <br />This Battlement Agreement le entered iato by and <br />between The Corley Company (Corley), on the one hand, <br />and Harrison Western Corporatioa (Harrison). on the <br />other hand, for the purpose of settling The corlav <br />~~ppHy v. Harrison Western CoYV{~tion, No. 92CV209 <br />(Fremont County Diet. Ct.) (the Litigation)., <br />WNSREA9, Corley and Harrison wish to settle the <br />Litigation on the terms set forth below. <br />NOW, THEREFORE, the parties agree as follows: <br />1, p~vment of_Attoraey^' Feea, Harrison will <br />pay to Corley by check the total amount of $750.00 to <br />cover Corley~s attorneys' Leas. Payment of this check <br />x111 completely discharge all monetary obligations of <br />Harrison under thi6r.Settlement Agreement. Corley aC- <br />knoNledges that Harrison is making this payment solely <br />to rid itself of the expense and annoYaace of defending <br />the Litigation, and that the payment does not constitute <br />any admission by Harrison o! impropriety, wrongdoing, or <br />liability. <br />2. Noyipe,ttf Diemieenl. Corley will execute and <br />file with the Fremont County District Court a Notice of <br />Dismissal in the form attached ae Exhibit A. <br />3. Release and Covenant Not to Sue. Both Cor18y <br />and Dr. W. Douglass Corley will execute the Rsleaee and <br />^~t'~~ Covenant Not to sue which ie attached as Exhibit B. <br />(Ug- ~~~lll~~~JJJ a. Condition Precedent, This BettlemenC Agree- <br />ment shall be conditional upon the <br />Ovr1~~n fi ~~A,~~ -(•8eard~ of the following agreoments~ <br />a•~ 6e'/oyr a. An agreement between Corley and the <br />Division of Minerals and Geology (Division), under which <br />the Division agrees to replace, or arraage for the re- <br />placement of, the existing diversion ditch sad Culvert <br />between the unnamed creek and the Magpie Diversion with <br />. a new ditch and culvertr and <br />