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F. The Lawsuit was commenced by plaintiffs against MCR and the Trustee for <br />payment of property taxes accruing on property owned by MCR in Pitkin County. Those claims <br />have previously been resolved and all outstanding property taxes due and owing have been paid. <br />G. MCR and the Trustee asserted a third -party claim for an accounting against DMG <br />and later amended their Third Party Complaint to add additional claims against DMG. Third - <br />Party plaintiff MidCon Realty moved to intervene and filed additional claims against DMG. <br />DMG raised several affirmative defenses to MCR's, the Trustee's and MidCon's claims and <br />asserted a counterclaim against the Trustee. Pitkin County moved to be realigned as a third -party <br />defendant and pursuant to Court Order was allowed to become a third -party defendant as to one <br />of the claims asserted by MCR. <br />H. MCR's, the Trustee's and MidCon's third -party claims generally arose out of <br />MCR's, the Trustee's and MidCon's dissatisfaction with reclamation being performed in Coal <br />Basin by DMG. DMG disagrees with the third -party plaintiffs' assertions concerning its <br />reclamation at Coal Basin. <br />I. MCR's Second Amended Plan of Liquidation approved by the bankruptcy court <br />called for funding in the amount of $3 million to perform reclamation in Coal Basin less certain <br />credits. <br />J. DMG is entering into and executing this Settlement Agreement with authority and <br />consent from the Colorado Mined Land Reclamation Board. <br />K. The parties to this Agreement being all the parties to the lawsuit have now <br />resolved all claims between them and therefore, for good and valuable consideration, enter into <br />this Settlement Agreement as follows: <br />2 <br />