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<br />MidCon, its heirs, successors and assigns from any further reclamation requirements at the Coal <br />' Load~Out: complete filling of the slot bin depression to ground level, reshape the hillside.below <br />the old scale house adjacent to the railroad tracks until stable; remove the remaining metallic <br />scrap located throughout the site, including the underground mining equipment and <br />miscellaneous materials; and remove miscellaneous non-metallic trash and debris scattered <br />throughout the site. Within fifteen days of receipt of such a document, MidCon will execute and <br />deliver a document to DMG releasing any claim by MidCon against DMG for any further <br />reclamation work or obligations by DMG at the Coal Load Out. Such documents shall be <br />recordable in the real estate records of Pitkin County, Colorado. <br />19. MidCon agrees that for the 12 months following complete execution of this <br />Settlement Agreement, it will use its best efforts to sell, trade or otherwise transfer the real <br />property it currently owns in Coal Basin to the United States Forest Service ("USFS"). MidCon <br />further agrees that it will not require, as a condition of such a conveyance, any specific use of the <br />property after it is obtained by the USFS. The parties agree that if conveyance of the property to <br />the USFS is not completed, nothing in this Settlement Agreement will require the destruction of <br />the Improvements listed in pazagraph 15, above. <br />20. The parties agree to waive all claims they may have to any appellate remedies and <br />to waive all claims to their expenses incurred in the Lawsuit, including without limitation, their_ <br />attorneys fees and costs other than the obligations under this Settlement Agreement. <br />21. Each of the parties hereto severally represents, warrants and agrees on its own <br />behalf and on behalf of its respective predecessors, successors, heirs, assigns, executors, <br />administrators, trustees in bankruptcy and agents as follows: <br />10 <br />