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Claim (as defined in the Plan) against each of the Tazpayers in <br />the following respective amounts. <br />Reorganized CFfiI Steel Corporation $526,280 <br />Reorganized Pueblo Metals Company 1,200 <br />The Reorganized Colorado & Wyoming Railway Company 20,300 <br />Reorganized Pueblo Railroad Service Company 2.220 <br />5550.000 <br />2. The Department agrees to and hereby does withdraw <br />its Pre-Petition Claims and any related Notices of Deficiency <br />with respect to any amounts which in the aggregate ezceed <br />$550,000 or which relate to periods after November 7, 1990. <br />3. The Tazpayers agree that the Colorado taz law <br />governing the Department's Administrative Claims for the <br />periods ending March 3, 1993 set forth below will be as stated <br />in the Department's Final Determination (DD - 506) entered <br />August 7, 1992 and affirmed by Order of the Denver District <br />Court dated March 2, 1993. <br />4. CF6I and the Department confirm that with respect tc <br />CF6I and for the period commencing December 1, 1990 and <br />terminating March 3, 1993, CFfiI's obligation for sales and use <br />taaes on CFfiI's utilities shall be governed by that certain <br />letter from Thomas G. Brown, CFfiI's counsel, to Anthony B. Dyl, <br />the Department's counsel, dated April 9, 1990, a copy of which <br />is attached hereto. <br />5. This Agreement constitutes a full and complete <br />settlement of the Tazpayers' liabilities for state and county <br />sales and use taaes for the period April 1, 1988 through <br />November 30, 1990 with respect to CFfiI, and for the period <br />April 1, 1988 through December 31, 1990 with respect to the <br />other Taapayers, together with all interest, penalties and <br />penalty interest related to such taaes (collectively "Sales Tax <br />and,Related Liabilities"). Accordingly, this Agreement is not <br />subject to revision based upon the outcome of any pending or <br />future litigation involving these parties or any other <br />parties. Tazpayers agree not to file a claim for refund for <br />any state or county sales tazes for the periods addressed by <br />this Agreement, regardless of the outcome of any litigation. <br />The Department agrees not to assert against Tazpayers any <br />further deficiencies or assessment for Sales Taaes and Related <br />Liabilities fox such periods, regardless of the outcome of any <br />litigation. <br />6. This Agreement is made for the purpose of settlement <br />of the Pre-Petition Claims and the Sales Taaes and Related <br />Liabilities for the periods indicated. Further, eacept as <br />specifically provided herein with respect to the taaation of <br />CFfiI's utilities and to settle the Colorado taa law with <br />respect to the issues decided by the District Court that will <br />- 3 - <br />