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05/19/99 16:22 FAX 3037962777 BURNS FIGA & }PILL 1&010/014 <br /> 17. 44:DMG has recently inspected the Coal Load Out facility in Carbondale, Garfield <br /> County, Colorado, now owned by MidCon and which is also subject to DMG reclamation <br /> requirements. DMG agrees that if MidCon completes the following reclarn ation work to DMG's <br /> satisfaction, DMG will execute a document releasing MidCon, its heirs, successors and assigns <br /> from any further reclamation requirements at the Coal Load Out: complete filling of the slot bin <br /> depression to ground level reshape the hillside below the old scale house a-liacent to the railroad <br /> tracks until stable; and remove miscellaneous non-metallic trash and debris scattered throughout <br /> the site. Within fifteen days ofUpon receipt of such a document, Midi;on will execute and <br /> deliver a document to DMG releasing any claim by MidCon against DMG for any further <br /> reclamation work or obligations by DMG at the Coal Load Out. Sucl. documents shall be <br /> recordable in the real estate records of Pitkin County, Colorado. <br /> 18, MidCon agrees that for the 12 months following comnl,te execution of this <br /> Settlement Agreement it will use its best efforts to sell, trade or other vise transfer the real <br /> property it currently owns in Coal Basin to the United States Forest Service ("USES") MidCon <br /> further agrees that it will not require as a condition of such a conveyanceL my specific use of the <br /> property after it is obtained by the USFS. The parties a ee that if convey-nce of the property to <br /> the USFS is not completed nothing in this Settlement Agreement will req fire the destruction of <br /> the improvements listed in paragraph 14, above. <br /> 19.4q-. The parties agree to waive all claims they may have to any ,ppellate remedies and <br /> to waive all claims to their expenses incurred in the Lawsuit, including w tthout limitation, their <br /> attorneys fees and costs other than the obligations under this Settlement Ag recment. <br /> 9 <br />