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Aspen, as escrow agent, to hold the escrow under the terms of the Escrow Agreement which is <br /> attached as Exhibit A to this Settlement Agreement. <br /> 11. Subject to the continuing jurisdiction of the Pitkin County District Court as stated <br /> herein, the Parties stipulate to dismissal of the Lawsuit with prejudice, with each party to pay his <br /> or its own attorneys fees and costs. <br /> 12. DMG agrees to use its best efforts to conduct the reclamation activities within <br /> Coal Basin generally described in Exhibit B, attached. As part of this Settlement Agreement, <br /> DMG specifically agrees to complete reclamation on the real estate within Coal Basin currently <br /> owned by MidCon(described in Exhibit C, attached) so that no additional reclamation obligation <br /> will remain with the respect to that property. MidCon agrees not to object to, or in any way <br /> attempt to prevent, reclamation of its property by DMG, or to assert that any additional <br /> reclamation must be performed on its property. DMG agrees that upon completion of the <br /> reclamation on the MidCon property within Coal Basin, it shall execute a document releasing the <br /> property from any further reclamation obligation due to past mining activities in Coal Basin. <br /> Such document shall be recordable in the real property records of Pitkin County, Colorado. <br /> Should DMG complete reclamation in Coal Basin for less than the amounts specified in <br /> paragraph 4, above, any remaining funds shall be paid to the Trustee. <br /> 13. DMG agrees that it will use its best efforts to substantially complete reclamation_ <br /> of MidCon's private property in Coal Basin by the end of the 1999 reclamation 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 Settlement Agreement, DMG <br /> shall begin to prepare bid requests for reclamation activities to occur in Coal Basin in the 1999 <br /> reclamation season. The second to last draft of the bid documents for work on MidCon property <br /> 7 <br />