Laserfiche WebLink
Aspen, as escrow agent, to hold the escrow under the terms of the Escrow Agreement which is <br />attached as Exhibit A to this Settlement Agreement. <br />11. Subject to the continuing jurisdiction of the Pitkin County District Court as stated <br />herein, the Parties stipulate to dismissal of the Lawsuit with prejudice, with each party to pay his <br />or its own attorneys fees and costs. <br />12. DMG agrees to use its best efforts to conduct the reclamation activities within <br />Coal Basin generally described in Exhibit B, attached. As part of this Settlement Agreement, <br />DMG specifically agrees to complete reclamation on the real estate within Coal Basin currently <br />owned by MidCon (described in Exhibit C, attached) so that no additional reclamation obligation <br />will remain with the respect to that property. MidCon agrees not to object to, or in any way <br />attempt to prevent, reclamation of its property by DMG, or to assert that any additional <br />reclamation must be performed on its property. DMG agrees that upon completion of the <br />reclamation on the MidCon property within Coal Basin, it shall execute a document releasing the <br />property from any further reclamation obligation due to past mining activities in Coal Basin. <br />Such document shall be recordable in the real property records of Pitkin County, Colorado. <br />Should DMG complete reclamation in Coal Basin for less than the amounts specified in <br />paragraph 4, above, any remaining funds shall be paid to the Trustee. <br />13. DMG agrees that it will use its best efforts to substantially complete reclamation <br />of MidCon's private property in Coal Basin by the end of the 1999 reclamation season and <br />agrees to use its best efforts to complete all major reclamation tasks within Coal Basin by the end <br />of the 2000 reclamation season. Immediately upon signing this Settlement Agreement, DMG <br />shall begin to prepare bid requests for reclamation activities to occur in Coal Basin in the 1999 <br />reclamation season. The second to last draft of the bid documents for work on MidCon property <br />7 <br />