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does not waive or release any rights it has to enforce its land use powers with respect to <br />MidCon's private property in Coal Basin. <br />7. Subject to and in consideration of the terms and conditions of this Settlement <br />Agreement including paragraph 8, below, MCR, the Trustee and MidCon hereby generally and <br />unconditionally release, acquit and forever discharge DMG and Pitkin County, their directors, <br />officers, agents, employees, attorneys, successors in interest and assigns, of and from any and all <br />claims, actions, suits, debts, demands, damages, costs and expenses and causes of action of any <br />nature whatsoever, whether fixed or contingent, liquidated or unliquidated, accrued or <br />unaccrued, known or unknown, suspected or unsuspected, claimed or unclaimed, however <br />arising and without regard to date of accrual, for all claims based on, arising out of or related in <br />any way to the Lawsuit or coal mining or reclamation activities performed or to be performed by <br />DMG in Coal Basin and for all acts, omissions, circumstances, transactions, occurrences, facts or <br />other matters, occurring on or before the date of this Settlement Agreement, set forth in, <br />embraced in, arising out, related to or otherwise referred to in the Lawsuit or coal mining or <br />reclamation activities in Coal Basin. <br />8. Notwithstanding anything in this Settlement Agreement to the contrary, DMG <br />agrees that MCR, the Trustee and/or MidCon will not be barred from naming and asserting <br />claims against DMG as a third -party defendant under C.R.Civ.P. 14 (if the action is in a court in <br />which that rule applies) or otherwise bringing DMG into an action (judicial, administrative or <br />otherwise) filed or brought against MCR, the Trustee, and/or MidCon by any party which alleges <br />in whole or in part that reclamation activities have been inadequate or that MCR has some <br />continuing liability under its wastewater permit with the state of Colorado, Permit No. CO- <br />0000396 or stormwater permit COR- 040023; provided however, that the third party's claims or <br />5 <br />