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05/19/99 16:20 FAX 3037962777 BURNS FIGA & }FILL Z 005/014
<br /> 3. As part of this Settlement Agreement, DMG agrees to the toi al credits as stated in
<br /> paragraph 2, above, as claimed by MCR and the Trustee and DMG agrees i.ot to challenge those
<br /> credits.
<br /> 4. The parties agree that as part of the $3 million in reclamatic n funding, DMG has
<br /> on hand the sum of approximatelX $244,000 for reclamation. The parties E rther agree that upon
<br /> payment of an additional $615,887.19 (less $30,000 for escrow as descrit ed below) paid from
<br /> the Trustee to DMG the $3 million in reclamation costs required by the b mkruptcy liquidation
<br /> plan will be fully funded.
<br /> 5 At t4e t;,,.,a SpeG foe pafagr-aph 14, below,Within ten day., after this Settlement
<br /> Agreement is made an order of the court in the Lawsuit, the Trustee shall )ay to DMG the sum
<br /> of$585,887.19.
<br /> 6. Subject to and in consideration of the terms and conditions of the Settlement
<br /> Agreement, Pitkin County and DMG on behalf of itself and on behalf of the MLRB, hereby
<br /> generally and unconditionally releases, acquits and forever discharges MCR, the Trustee and
<br /> MidCon, Mid-Continent Minerals; Corporation, their members, managers, partners,
<br /> shareholders, directors, officers, agents, employees, attorneys, spouses, executors, personal
<br /> representatives, successors in interest and assigns of and from any and all claims, actions suits,
<br /> debts, demands, damages, costs and expenses, causes of action, notic-s of violation, and
<br /> administrative enforcement of any nature whatsoever whether fixed or cor tingent, liquidated or
<br /> unliquidated, accrued or unaccrued, known or unknown, suspected or un,uspected, claimed or
<br /> unclaimed, however arising and without regard to the date of accrual, E:H 4KIIng for all claims
<br /> based on, arising out of or relating in any way to the Lawsuit an,4 or the co,LI mining activities in
<br /> Coal Basin and for all acts, omissions, circumstances, transactions, oceurr,races, facts and other
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