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or the other contracts, instruments, releases, agreements or
<br />documents to be, or previously, entered into or delivered in
<br />connection with the Plan.
<br />• Release of Released Parties by Other Released Parties. From and
<br />after the Effective Date, except with respect to obligations arising
<br />under the Plan, the Exit Facility, the Replacement Secured First Lien
<br />Term Loan (if applicable), the New Second Lien Notes (if applicable),
<br />the Additional First Lien Debt (if applicable), the Rights Offering and
<br />the Rights Offering Documents, the Private Placement and the Private
<br />Placement Documents, the Rights Offering Backstop Commitment
<br />Agreement and the Private Placement Agreement, the Amended
<br />Securitization Facility, the Gold Fields Liquidating Trust Agreement,
<br />to the fullest extent permitted by applicable law, the Released Parties
<br />shall release one another from any and all Liabilities that any
<br />Released Party is entitled to assert against any other Released Party
<br />in any way relating to: (i) any Debtor; (ii) the Chapter 11 Cases; (iii)
<br />the Estates; (iv) the formulation, preparation, negotiation,
<br />dissemination, implementation, administration, Confirmation or
<br />consummation of any of the Plan (or the property to be distributed
<br />under the Plan), the Confirmation Exhibits, the Disclosure Statement,
<br />the Exit Facility, the Replacement Secured First Lien Term Loan (if
<br />applicable), the New Second Lien Notes (if applicable), the Additional
<br />First Lien Debt (if applicable), the Rights Offering and the Rights
<br />Offering Documents, the Private Placement and the Private
<br />Placement Documents, the Rights Offering Backstop Commitment
<br />Agreement, the Private Placement Agreement, the Amended
<br />Securitization Facility, the Gold Fields Liquidating Trust Agreement,
<br />any contract, employee pension or other benefit plan, instrument,
<br />release or other agreement or document related to any Debtor, the
<br />Chapter 11 Cases or the Estates created, modified, amended,
<br />terminated or entered into in connection with either the Plan or any
<br />agreement between the Debtors and any Released Party; or (v) any
<br />other act taken or omitted to be taken in connection with the Chapter
<br />11 Cases, including, without limitation, acts or omissions occurring
<br />after the Confirmation Date in connection with Distributions made
<br />consistent with the terms of the Plan by any Disbursing Agent or
<br />Third Party Disbursing Agent; provided, however, that the foregoing
<br />provisions shall not affect the liability of any Released Party that
<br />otherwise would result from any act or omission to the extent that act
<br />or omission subsequently is determined in a Final Order to have
<br />constituted gross negligence or willful misconduct.
<br />Exculpation. From and after the Effective Date, except as otherwise
<br />specifically provided in the Plan or the Confirmation Order, to the
<br />fullest extent permitted by applicable law, the Released Parties shall
<br />neither have nor incur any liability to any Person or entity with
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<br />OOIKCO001 81247-1 DOMESTIC 598931005578/027889
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