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05/19/99 16:20 FAX 3037962777 BURNS FIGA & WILL 1?]004/014 <br /> AGREEMENT <br /> 1. DMG agrees that it will complete reclamation in Coal Ba sin for a total of $3 <br /> million or less, as set forth in paragraph 2, below, and, subiect to paragrapl. 8, below, MCR, the <br /> Trustee and MidCon agree that they will not in any way object to DMG's expenditure of the <br /> unexpended portion of the $3 million for reclamation under the terms and -,onditions of the this <br /> Settlement Agreement, including but not limited to, filing any action, adrn nistrative, iudicial or <br /> otherwise which questions or attempts to prevent DMG's reclamation or expenditures for <br /> reclamation. The parties understand that DMG has the sole discretion a:3 to implementation of <br /> reclamation at Coal Basin. <br /> 2. MCR's Second Amended Plan of Liquidation called for finding 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 F.ockdust Plant in the <br /> amount of$377,880.66; <br /> (ii) $500,000 representing the cost of work estimated in tie Reclamation Bond <br /> which is to be performed by M&E pursuant to the M&E contract at no cost .o the Debtor; and <br /> (iii) the cost of reclamation work performed prior tc the Effective Date <br /> pursuant to cash collateral orders entered by the Ecourt_ <br /> in The Tnis tee asserts a credit of <br /> $3 82,504.99:; <br /> Further, (i*) the proceeds from land sales remitted by MCR to DMG tc tal iv theell t of <br /> $1,123,727.16,—and"1he total of cash and credits (i) thfeug (i-V is $2.384,112.81. <br /> 3 <br />