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allegations relate to or arise out of work performed or directed in whole or in part by DMG. <br />MCR, the Trustee and MidCon agree that in such a case they will not claim any relief or <br />remedies above or beyond the relief or remedies claimed by the party or parties initiating the <br />lawsuit(s) or action(s) against them. Further, MCR, the Trustee and MidCon shall have no <br />additional claims or remedies against DMG because of this paragraph 8 than they would have <br />had if MCR, the Trustee and MidCon had not executed this Settlement Agreement. <br />9. Notwithstanding anything in this Settlement Agreement to the contrary, MCR, the <br />Trustee and MidCon agree that DMG will not be barred from naming and asserting claims <br />against MCR, the Trustee or MidCon as third party defendants under C.R.Civ.P. 14 (if the action <br />is in a court in which that rule applies) or otherwise bringing MCR, the Trustee or MidCon into <br />an action (judicial, administrative or otherwise) filed or brought against DMG by any party <br />which alleges in whole or in part that reclamation activities have been inadequate or that DMG <br />has some continuing liability under any permits issued to DMG by CDPHE as part of its <br />activities in Coal Basin; provided, however, that the third party's claims or allegations relate to or <br />arise out of work performed in whole or in part by or permits held by MCR, the Trustee or <br />MidCon. DMG agrees that in such case it will not claim any relief or remedies above or beyond <br />the relief or remedies claimed by the party or parties initiating the lawsuit(s) or action(s) against <br />them. Further, DMG shall have no additional claims or remedies against MCR, the Trustee or <br />MidCon because of this paragraph 9 than it would have if DMG had not executed this Settlement <br />Agreement. <br />10. At the same time the Trustee makes the payment of $585,887.19 to DMG as <br />specified in paragraph 5 above, the Trustee further agrees to transfer $30,000 to Stewart Title of <br />6 <br />