|
4. The parties agree that as part of the $3 million in reclamation funding, DMG has
<br /> on htuld the sum of approximately $244,000 for reclamation. The parties further agree that upon
<br /> payment of an additional $615,887.19 (less $30,000 for escrow as described below) paid from
<br /> the Trustee to DMG the $3 million in reclamation,costs required by the bankruptcy liquidation
<br /> plan will be fully funded.
<br /> 5. Within ten days after this Settlement Agreement is made an order of the court in
<br /> the Lawsuit, the Trustee shall pay to DMG the sum of$585,887.19.
<br /> 6. Subject to and in consideration of the terms and conditions of the Settlement
<br /> Agreement including paragraph 9, below, Pitkin County, and DMG on behalf of itself and on
<br /> behalf of the MLRB, hereby generally and unconditionally release, acquit and forever discharge
<br /> MCR, the Trustee and MidCon, Mid-Continent Minerals Corporation, their members, managers,
<br /> partners, shareholders, directors, officers, agents, employees, attorneys, spouses, executors,
<br /> personal representatives, successors in interest and assigns of and from any and all claims,
<br /> actions, suits, debts, demands, damages, costs and expenses, causes of action, notices of
<br /> violation, and administrative enforcement of any nature whatsoever whether fixed or contingent,
<br /> liquidated or unliquidated, accrued or unaccrued, known or unknown, suspected or unsuspected,
<br /> claimed or unclaimed, however arising and without regard to the date of accrual, for all claims
<br /> based on, arising out of or relating in any way to the Lawsuit or the coal mining or reclamation_
<br /> activities in Coal Basin and for all acts, omissions, circumstances, transactions, occurrences,
<br /> facts and other matters occurring on or before the date of this Settlement Agreement, set forth in,
<br /> embraced in, arising out of, related to or otherwise referred to in the Lawsuit or the coal mining
<br /> or reclamation activities in Coal Basin. By executing this Settlement Agreement, Pitkin County
<br /> 4
<br />
|