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<br />Proceeds; however, the issue has never been directly prrsenled b the Court for ruling, and <br />CFd:I hu disputed the United SuW' position. i 2. Within touncen (I4) days after the Conditions Praedent ut fonh in <br />i <br />P. CF&I and the United SIaW wish to satle their dispuk wish aspect to paragraph I have been mt1, CF&1 shall pay m the United Su1es from Insurance Settlement <br />entitlement to the Insunna Settlement Proceeds from the Coverage Action and provide for Proceeds the sum of 52,200,000, which sum CF&I shall be deemed to have held in wst for <br />the complck satisfaction of the United $IaW' claims in the CFgrl Bankrupky Cues. tht bentfit of the United SuW. 'Otis payment shall be made by Electronic Funds Transfer <br />Based on the foregoing recinle, and Ilre consideraGOn hereinaher set fonh, ('EFT' or wire transfer) to the U.S. Department of Jusda lockbox bank, referencing the <br />CF&1 end the United Sates do hereby agree es foBowa: EPA Region and Spill ID No. 02-91, U.S.A.O. Fitt No. ,and DOl Case No. 90- <br />CONDIl'IONS PRPLEDENT 7-1-618, in aowrdancc with inswgions provided by the United SuW to CFAcI after lodging <br />I. As conditions precedent to CFhf's obligation to pay the settlement amount of this Settlement Agreement. Any FFI's received at the U.S.D.O.1. lackbox bank after <br />hereinafter provided, the Vnited States' obligation to rcleax claims as hereinater provided, 11:00 A.M. (Easkm Time) will be credited on the next business day. <br />and the eflec[iveness of the other provision hetmf, CFI must have: R~EASE AND WAIVER OF CLAIMS <br />a. obtained a Final, non-appealable order of tht Banknrytcy Court 7. Subject to the wnditlons precedent xt foM in paragraph 1, and upon the <br />approving each of the xWemenl agreements with each of the Insurance Companies in the United Su W' rcoeipt of 52,200,000 held in Wsl by CFRI u provided in paragraph 2, the <br />Coverage Action; United SUW: <br />b. tteeived alt Insutanct Se0lement Proceeds from each of the e. aclmowledges full satisfaction o(, and releases and waives all claims <br />Insurance Companies punuant to the respective xWement agreements; and with respect to, the United SGW' Allowed Raebling Claim Against CF&I; <br />c. Obtainod a final, non-appealable order of the Banlwpky Court b. rtleaxs and waives any and all claims Ihat the United SIaW hu <br />approving this Settlement Agreement. or may have b Ne remainder of the Insurance Settlement Proceeds; <br /> c. waive and rcIh Vt any right to uxn any claim against the <br /> procada of sale of the land and mineral rights of the Colorado and Utah [and Company, the <br /> proteMs of sale of the property, plans and equipment of Denver Metals Company and the <br />-6' -~- <br />/ i <br />