|
05/19/99 16:20 FAX 3037962777 BURNS FIGA & WILL Z 006/014
<br /> matters occurring on or before the date of this Settlement Agreement, inu4•a' g but aet4i•'''"`r
<br /> +^� set forth in, embraced in, arising out of, related to or otherwise referred to in the
<br /> Lawsuit or the coal mining or reclamation activities in Coal Basin. B_ exei:uting this Settlement
<br /> Agreement Pitkin County does not waive or release any rights it has to enforce its land use
<br /> powers with respect to MidCon's private property in Coal Basin.
<br /> 7. Subject to and in consideration of the terms and conditions of this Settlement
<br /> Agreement including paragraph 8, below, MCR, the Trustee and MidCon hereby generally'and
<br /> unconditionally release, acquit and forever discharge DMG and Pitkin County, their directors,
<br /> officers, agents, employees, attorneys, successors in interest and assigns, of and from any and all
<br /> claims, actions, suits, debts, demands, damages, costs and expenses and ca uses of action of any
<br /> nature whatsoever, whether fixed or contingent, liquidated or unliq uidated, accrued or
<br /> unaccrued, known or unknown, suspected or unsuspected, claimed or unclaimed, however
<br /> arising and without regard to date of accrual, ineluding for all claims bases on, arising out of or
<br /> related in any M Ua to the Lawsuit an4 or coal mining activities in Coal P asin and for all acts,
<br /> omissions, circumstances, transactions, occurrences, facts or other matt;rs, occurring on or
<br /> before the date of this Settlement Agreement, .,,chiding brit not i;,., iteo io these set forth in,
<br /> embraced in, arising out, related to or otherwise referred to in the Lawsi pit or coal mining or
<br /> reclamation activities in Coal Basin.
<br /> 8. Notwithstanding anything in this Settlement Agreement tc the contrary, DMG
<br /> agrees that MCR, the Trustee, MidCon and/or Mid-Continent Mincra:s Corporation, their
<br /> members, managers, partners, shareholders. directors, officers, agents, employees attorneys,
<br /> spouses executors, personal representatives, successors in interest or assig ns will not be barred
<br /> from naming DMG as a third-party defendant or otherwise bringing I)MG into an action
<br /> 5
<br />
|