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05/19/99 16:19 FAX 3037962777 BURNS FIGA & WILL Z 003/014 <br /> 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 C ounty. Those claims <br /> have previously been resolved and all outstanding property taxes due and oc ling have been paid. <br /> G. MCR and the Trustee asserted a third-party claim for an accounting against DiVIG <br /> and later amended their Third Party Complaint to add additional claims against DMG. Third- <br /> Party defendant MidCon Realty moved to intervene and filed additional claims against DMG. <br /> DMG raised several affirmative defenses to MCR's the Trustee's and HidCon's claims and <br /> asserted a counterclaim against the Trustee. Pitkin County moved to be real gned as a third-party <br /> defendant and pursuant to Court Order was allowed to become a third-pact:• defendant as to one <br /> of the claims asserted by MCR. <br /> H. MCR's, the Trustee's and MidCon's third-party claims ge ierally arose out of <br /> MCR's, the Trustee's and MidCon's dissatisfaction with reclamation bein.; performed in Coal <br /> Basin by DMG. DMG disagrees with the third-party plaintiffs' asser:ions concerning its <br /> reclamation at Coal Basin. <br /> I. MCR's Second Amended Plan of Liquidation approved by he bankruptcy court <br /> called for funding in the amount of$3 million to perform reclamation in G ial Basin less certain <br /> credits. <br /> .1. DMG is entering into and executing this Settlement Agreerne at 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 con 3ideration, enter into <br /> this Settlement Agreement as follows: <br /> 2 <br />