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05/19/99 16:21 FAX 3037962777 BURNS FIGA & WILL 008/014 <br /> with the respect to that property. DMG agrees that upon completion of tl e reclamation on the <br /> MidCon property within Coal Basin, it shall execute a document releasing 1 he property from any <br /> further reclamation obligation due to past mining activities in Coal Basin. Upon completion of <br /> the reclamation on MidCon's property to MidCon's satisfaction, MidC:a n agrees that it will <br /> execute a document releasing DMG from any further reclamation obli!,ations on MidCon's <br /> -Pro pc Such documents shall be recordable in the real property recoi ds of Pitkin County, <br /> Colorado. Should DMG complete reclamation in Coal Basin for less than-he amounts specified <br /> in paragraph 4, above, any remaining funds shall be paid to the Trustee. <br /> 12. 44-. DMG agrees that it will use its best efforts to substantially ;omplete reclamation <br /> of MidCon's private property in Coal Basin by the end of the 1999 rei.lamation season and <br /> agrees to use its best efforts to complete all major reclamation tasks within Coal Basin by the end <br /> of the 2000 reclamation season. Immediately upon signing this Settlense nt Agreement, DMG <br /> shall begin to prepare bid requests for reclamation activities to occur in C gal Basin in the 1999 <br /> reclamation season. The second to last draft of the bids shall be made ava.lable to MCR and its <br /> reclamation experts for their review and comment before the final bid documents are made <br /> available to the public. DMG will consider, and to the extent feasible, i ncor�orate comments <br /> from MCR and its experts but such comments are not binding on DMG^ Such comments shall <br /> be submitted within eight working days after receipt by MCR. <br /> 12. 1?MCR, the Trustee and MidCon agree that DMG may use it: discretion in funding <br /> the various Reclamation Activities ' I_is#Cd iR th "La as <br /> long as the reclamation is completed with the remaining funds f&om MC R's bankruptcy as set <br /> forth in paragraph 4, above. <br /> 7 <br />