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AGREEMENT <br /> 1. DMG agrees that it will use its best efforts to complete reclamation in Coal Basin <br /> as generally set forth in paragraph 12, below for a total of $3 million or less, as set forth in <br /> paragraph 2, below. MCR, the Trustee and MidCorn agree that they will not in any way object to <br /> DMG's expenditure of the unexpended portion of the $3 million for reclamation under the terms <br /> and conditions of this Settlement Agreement, including but not limited to, filing any action, <br /> administrative,judicial or otherwise, which questions or attempts to prevent DMG's reclamation <br /> or expenditures for reclamation. The parties understand that, subject to paragraph 12, below, <br /> DMG has the sole discretion as to implementation of reclamation at Coal Basin. <br /> 2. MCR's Second Amended Plan of Liquidation called for funding 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 Rockdust Plant in the <br /> amount of$377,880.66; <br /> (ii) $500,000 representing the cost of work estimated in the Reclamation Bond <br /> which is to be performed by M&E pursuant to the M&E contract at no cost to the Debtor; and <br /> (iii) the cost of reclamation work performed prior to the Effective Date <br /> pursuant to cash collateral orders entered by the court. The Trustee asserts a credit of- <br /> $382,504.99. <br /> Further, the proceeds from land sales remitted by MCR to DMG total $1,123,727.16. The total <br /> of cash and credits is $2,384,112.81. <br /> 3. As part of this Settlement Agreement, DMG agrees not to challenge the total <br /> credits as stated in paragraph 2, as claimed by MCR and the Trustee. <br /> 3 <br />