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In exceuling This Rclcazc and Waiver,l rely wholly on my own judgment, belief <br />and knowledge of the nature, extent and duration of my injuries and damages. <br />I also acknowledge and agree drat 1_am obligated to repay tp.the Railroad <br />Retirement Board sickness bcne(ts paid to me under the Railroad Unemployment <br />Insttranu Au N relation to the alleged injury sustained by me which was thesubject of <br />Civil Action No. 93•tr1290, filed in the United States District Court for the District of <br />Colorado BltheBcarganized.C&,W.may.withhold tha~arnount Isom the SEVEN <br />THOUSAND DOLLAR payment rcterred to above and is authorizedla. pay that amount <br />to the Railroad Retiremrnt Board on my behalf. <br />In the event that Reorganized C&W is subjected to any claims or demands by any <br />person or entity under any actual ar purported lien, or right of substitution, azsignment or <br />submgafion, arising out ofthe injury or payment to me, [will indemnify Reorganized <br />C.£W end hold it herrttless from any such claims or demands. <br />1 further dtxlarc and represent that no promise, inducement or agreemrnt not <br />herein expressed has been made to me; that this Release wntains the entire agreement <br />between the parties hereto; and that the terms of this Release are contractual and not e <br />mere recital. <br />1 also agru that I, my family, and my attomcys wi11 not disclose the terms o(this <br />Iiclcasc and \Vaivtt of ILghis io any other pcrsou ur cw;a• u•in~uut the prior written <br />conscni of Reorganized CR\V. <br />I HAVE I'ULLY I2I:AU'll lF: 1~0121:GOIN(i RELEASE ANU WAIVER, HAVE <br />CONSULTED 1VITIi MY I.AIVYER REGAIiUING TI1E TERMS OF TIiIS RL-LEASE <br />AND WAIVER, AND DECLARE TI{AT I VOLUNTARILY ENTER fM0 T1BS <br />RELEASE AND WAIVER AND FULLY UNDERSTAND IT. <br />I HAVE READ TIC ABOVE AND UNDERSTAND TI{AT IT IS A FULL <br />RELEASE OF MY CLAIM ACAITIST REORGANIZED C& W, THE NE W <br />COLORADO & WYOMING RAILWAY COMPANY. REORGANIZED CF&1 STEEL <br />CORPORATION. AND ANY OF THL-IR AFFILIATED COMPAMES OR £MITiES. <br />I FURTHER UNDERSTAND THAT THIS SGI'fI-EMENT AND RELEASE <br />AND WAIVER IS SUBJECT TO AND SMALL DECOME EFFECTIVE UPON <br />APPROVAL DY THE UNITED STATES 6ANKRUPTCY COURT FOR THE <br />DISTRICT OF UTAH, CEMRAL DIVISION. FOLLOWMG APPROVAL OF IRIS <br />SETTLEMENT DY T1~ BANKRUPTCY COURT, I AUTHORIZE MY ATTORNEY <br />TO SIGN AND FILE A STIPULATION AND/OR MOTION FOR DISMISSAL WITH <br />PREJUDICE OF CIVIL ACTION NO. 93-Z-1290, NOW PENDING IN THE tJMTED <br />STATES DISTRICT COURT FOR THL• DISTRICT OF COLORADO. <br />':. <br /> <br />