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AGREEMENT <br />1. DMG agrees that it will use its best efforts to complete reclamation in Coal Basin <br />as generally set forth in paragraph 12, below for a total of $3 million or less, as set forth in <br />paragraph 2, below. MCR, the Trustee and MidCon agree that they will not in any way object to <br />DMG's expenditure of the unexpended portion of the $3 million for reclamation under the terms <br />and conditions of this Settlement Agreement, including but not limited to, filing any action, <br />administrative, judicial or otherwise, which questions or attempts to prevent DMG's reclamation <br />or expenditures for reclamation. The parties understand that, subject to paragraph 12, below, <br />DMG has the sole discretion as to implementation of reclamation at Coal Basin. <br />2. MCR's Second Amended Plan of Liquidation called for funding of Coal Basin <br />reclamation in the amount of $3 million cash, less: <br />(i) the net proceeds from the Rockdust Plant, or in the alternative, the <br />proceeds realized by the MLRB and the OSM from foreclosure of the Rockdust Plant in the <br />amount of $377,880.66; <br />(ii) $500,000 representing the cost of work estimated in the Reclamation Bond <br />which is to be performed by M &E pursuant to the M &E contract at no cost to the Debtor; and <br />(iii) the cost of reclamation work performed prior to the Effective Date <br />pursuant to cash collateral orders entered by the court. The Trustee asserts a credit of <br />$382,504.99. <br />Further, the proceeds from land sales remitted by MCR to DMG total $1,123,727.16. The total <br />of cash and credits is $2,384,112.81. <br />3. As part of this Settlement Agreement, DMG agrees not to challenge the total <br />credits as stated in paragraph 2, as claimed by MCR and the Trustee. <br />3 <br />