1999-06-23_GENERAL DOCUMENTS - C1981017

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