|
4. The parties agree that as part of the $3 million in reclamation funding, DMG has
<br />on h9nd the sum of approximately $244,000 for reclamation. The parties further agree that upon
<br />payment of an additional $615,887.19 (less $30,000 for escrow as described below) paid from
<br />the Trustee to DMG the $3 million in reclamation, costs required by the bankruptcy liquidation
<br />plan will be fully funded.
<br />5. Within ten days after this Settlement Agreement is made an order of the court in
<br />the Lawsuit, the Trustee shall pay to DMG the sum of $585,887.19.
<br />6. Subject to and in consideration of the terms and conditions of the Settlement
<br />Agreement including paragraph 9, below, Pitkin County, and DMG on behalf of itself and on
<br />behalf of the MLRB, hereby generally and unconditionally release, acquit and forever dischazge
<br />MCR, the Trustee and MidCon, Mid-Continent Minerals Corporation, their members, managers,
<br />partners, shazeholders, directors, officers, agents, empioyees, attorneys, spouses, executors,
<br />personal representatives, successors in interest and assigns of and from any and all claims,
<br />actions, suits, debts, demands, damages, costs and expenses, causes of action, notices of
<br />violation, and administrative enforcement of any nature whatsoever whether fixed or contingent,
<br />liquidated or unliquidated, accrued or unaccrued, known or unknown, suspected or unsuspected,
<br />claimed or unclaimed, however arising and. without regazd to the date of accrual, for all claims
<br />based on, arising out of or relating in any way to the Lawsuit or the coal mining or reclamation_
<br />activities in Coal Basin and for all acts, omissions, circumstances, transactions, occurrences,
<br />facts and other matters occurring on or before the date of this Settlement Agreement, set forth in,
<br />embraced in, arising out of, related to or otherwise referred to in the Lawsuit or the coal mining
<br />or reclamation activities in Coal Basin. By executing this Settlement Agreement, Pitkin County
<br />4
<br />
|