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2 <br />to Permit Application 2016-0386 and the Project that might resolve the reasons for DNR’s <br />permit denial and the federal litigation;; <br />2. The Parties agree that they shall not inquire in any fashion about settlement <br />information during the discovery phase of any legal or administrative proceedings. The Parties agree that they shall not disclose settlement information or use any settlement information at any point during the course of any federal or Minnesota state legal or administrative proceedings. <br />3. Notwithstanding the requirements of Paragraph 2, the Parties understand, <br />however, that each may obtain independent access through discovery or other proceedings to the <br />same facts or information that may also be disclosed during the discussions referenced in Paragraph 1 above, and that the mere fact that the facts or information are also disclosed during the discussions will not limit either party’s ability to use or refer to such facts or information <br />independently obtained. This provision does not, however, permit a party to use settlement <br />information that is made accessible solely because it was disclosed by a party to a third party <br />including the media, in the course of any federal or Minnesota state legal or administrative proceeding. <br />4. Any Party may terminate its participation in this agreement with five <br />businessdays prior written notice to all other Parties. However, the provisions of this agreement <br />shall continue to apply to all settlement information exchanged during the pendency of this <br />agreement. <br />5. Unless this agreement has been otherwise terminated pursuant to paragraph 5 of this agreement, this agreement shall automatically expire on by written mutual agreement of the <br />parties. <br />6. The undersigned representative of each of the Parties certifies that he or she is <br />fully authorized to enter into the terms and conditions of this agreement and to legally bind such Party to all terms and conditions of this document. <br />7. This agreement may be amended to add additional parties by written consent of <br />all Parties through execution of a signature page identifying that additional Party. <br /> <br />SIGNATURE <br />The Department of Natural Resources consents to the terms and conditions of this agreement by its duly authorized representative on this _____ day of January 2017. <br /> <br />By: ________________________________________ <br /> Barb Naramore, Assistant Commissioner <br /> Minnesota Department of Natural Resources <br />SIGNATURE