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• Mining Reclamation. Act, Section 34-33-101, et seq., C.R.S., and its implementing
<br />regulations and the Colorado Administrative Procedures Act, Section 24-4-101, et
<br />seq., C.R.S., contract, tort, strict liability or other legal characterization in any
<br />way related to or arising from the Litigation.
<br />C. Each of the Division and the Board and their principals, agents, attorneys,
<br />employees, shareholders, officers; directors, heirs, successors and assigns hereby
<br />waive and release any and all known claims they have or may have against Basin
<br />and the Tatums, and their principals, agents, attorneys, employees, shareholders,
<br />officers, directors, heirs, successors and assigns, whether or not previously
<br />asserted, and any known or unknown claims which might be asserted in-1he future
<br />whether based in statute, including but not limited to the Colorado Surface Coal
<br />Mining Reclamation Act, Section 34-33-101, et seq., C.R.S., and its implementing
<br />regulations and the Colorado Administrative Procedures. Act, Section 24-4-101, et
<br />seq., C.R.S., contract, tort, strict liability or other legal characterization in any
<br />way related to or arising from the Litigation.
<br />d. The waivers and releases made by Basin, the Tatums, the Board and the Division
<br />are intended to resolve the NOV and all matters and proceedings arising directly
<br />from the NOV, including the award of costs and expenses, including attorneys
<br />fees, in Case No. 01-CV-38. The waivers and releases made in this Agreement do
<br />not include matters related to (i) James (Jim) Tatum et al v Basin Resources,
<br />Inc James (Jim) Tatum et al v Basin Resources, Inc., Case No. 01-CV-26, (ii)
<br />• collateral proceedings arising from or related to James (Jim) Tatum et al. v. Basin
<br />Resources Inc James (Jim) Tatum et al. v. Basin Resources, Inc., Case No. 01-
<br />CV-26, (iii) other claims or defenses related to mining activities conducted by
<br />Basin that are unrelated to the Litigation, and (iv) any defenses or claims that
<br />might be made or brought by Basin in relation to matters excluded from the
<br />waivers and releases made by the Tatums, the Board, and the Division. For the
<br />avoidance of doubt, the Tatums specifically do not release Basin or San Isabel
<br />Electrical Cooperative for any damage done to their property and water supply
<br />and failure to restore same
<br />2. Basin shall pay to the Tatums the sum of $30,000, which shall be deemed to be full and
<br />complete satisfaction of the order of the district court award costs and expenses,
<br />including attorney fees, in Case No. 01-CV-38. Payment shall be tendered to the Tatums
<br />within five business days following receipt of facsimile copies of executed originals of
<br />this Agreement and the attached Motion for Voluntary Dismissal. Basin shall use all
<br />reasonable efforts to tender payment sooner than five business days. Payment shall be
<br />made by wire transfer to the following account:
<br />Walton D. Morris, Jr.
<br />Attorney at Law Trust Account
<br />Sun Trust Bank
<br />7818 Parham Road
<br />Richmond, Virginia 23294
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