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TERMS AND CONDITIONS OF THE SALE <br />9. The terms and conditions of the sale to D:~J by DMC <br />and CF&I are set forth in the Asset Purchase Agreement. Some of <br />the important terms and conditions of the Asset Purchase <br />Agreement include the following: <br />a. The total purchase price for the Purchased <br />Assets other than inventory is S2,000,000.•~Th~e <br />purchase price for inventory will be determined by <br />market price at the time of closing of the sale. Asset <br />Purchase Agreement, i 1.3, <br />b. DJJ will pay the purchase price in <br />immediately available funds by wire transfer at the <br />closing of the sale. Asset Purchase Agreement, !q 1.3 <br />.. and 2.3. '.._ <br />c. DJJ does not assume any debts or liabilities <br />in connection with the sale including, without. <br />limitation, liabilities of the Reorganized Dek~tors or <br />liabilities arising out of claims by third parties <br />including governmental agencies. Such liabilities <br />would include potential claims under environmental laws <br />as well as the Coal Industry Retiree Health Benefits <br />Act of 1992. Asset Purchase Agreement, q 1.4, DJJ <br />shall assume, however, DMC's obligations under certain <br />4 <br />