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r <br />'t <br />C&W may withhold Thal ainouni from the 57,000,00 seldemeni paymtns and C&W is <br />authonzed io pay chat amount to the Railroad Retirement Board on Faston's behalf. <br />e. !n the evem C&W is subjected to any claims or demands by any ptrson <br />or entity undo any lien, nght of substitution, axtgnmcns or subrogation, Easton agrees to <br />indcmnify CAW from any such claims or dcmands. <br />f The Relcasc and waivcr of Rights is subjas to Bankruptcy Coun <br />approval and shall bccome effective upon such apprord. <br />g. Following approval, Easton shall authorire his atsomey to sign and tilt <br />a stipulation and/or motion for dismissal of the lawsuit now pending in the Unilcd Soles <br />District Coun for the District of Colorado. <br />STANDARD FOR REVIEW <br />The Coun must considu whether the proposed scttlcmenl is lair, equiuble, and in the <br />best inkresu of the esute. Typically, in making such a determination, coups tonsidcr four <br />factors which arc denied from Protective Commiuee c_tockholders of TMT Toiler Fem <br />Inc. v. Anderson, 390 U.S. 611, 121-25, 88 S.Ct. 1157, 1163 (1968): (I) the probability of <br />suacss in the litigation, (2) the difficulties to b<encountered in collcction, (3) the <br />complesitia of the litigation involvcd, and (/) the paramount interest of the creditor and ^ <br />propu defcrrna to shdr rcasonablc vicws. CdcW ha duermined, mnsiduing those tattoo <br />and utilizing iu businus judgment, that shin sUBcment is lair, equiublc and in the but <br />interests of its csutc. <br />5 <br />WHEREFORE, C&W pays that th< Coun enter an order approving the R[ICau and <br />Waiver of Rights atuchcd hereto as Gxhibil A as a compromise of a dispuk undef Rule <br />9019, Federal Rules of Bankmptcy Procedure, and approving the panici exaution of the <br />Rtlase and Waiver of Rights and of any other documents necessary to the consummation of <br />the Releasc and Waiver of Rigltss. <br />DATED this I~fl Csday of August, 199<. <br />RAY, QUINNEY & NEBEKER <br />By: `°v.P C I <br />Elaine A. Monson <br />Aslomeys for Reorganized Colorado and Wyoming Railway Company <br />tlap.01/sam <br />6 <br />