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SETTLEMENT AGREEMENT <br />AND MUTUAL RELEASE <br />TUTS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ('Agrtxment") is <br />made end entered into as of the ~} day of October, 1996 by Reorganized CPRI Steel <br />Corporation, formerly known m CF&I Steel Corporation ("CPQI or Reorganized CFBrI"}, The <br />Equitable Life Assurance Society of the United Slatm ("Fquiuble'"), The U9ited Seel Workers <br />of America ("USWA") sad Connecticut General Life Insurance Company ("CGLIC") <br />Reorganized CF&I, Equitable, USWA end CGLIC ere collectively referred to hereinefler m the <br />"Partim" or individually es a "Party " <br />WHEREAS, pursuant to certain hdlth ituurma policim, Equitable provided optienel <br />major medical coverage to unun of CFkI's Retired who had elated to participate in the <br />Retiree Major Medical Insrrance Program olferrd by CF&I endinsured by Pquitable until July <br />J I, 1959 (the "Retirees"), including those reprnenled by the USWA, ("Health Policiei') end <br />mtablished both n premium stebiliution and sn incurred end unreported claim rmerve fund ("1he <br />Rmerved') for that coverage end in addition, Equitable provided life ituunnce wverege for <br />CF&1 employed end Retired under certain life imunma policim ("Life Policim'"); end <br />E7CHIBIT "1" WHEREAS, in November of 1988, CF@I notified EquiUble that it cam terminating the <br />Life Palicid effective Daember J 1, 1955, and thereeRer, Pquiuble advised CF&1 that Equitable <br />would nor be renewing the optional major medical coverage for Retirlxa on July t, 1989; end <br />W HEREAS, on or about May 27, 1990, Equitable sued CF&1 in Cme No. 90-B-567 in <br />the U.S. District Court for the Distritt o(Coloredo (the "Colorado Action") saking to recover <br />incremm in premiums on the Life Policim that it alleged CP&I had agreed b pay end for an <br />order allowing Bqurtable to setofrthe Rdervm it cam holding against the alleged unpsid <br />premiums on the Life Policim, end in dial same action, CF&I asserted counterclaims saking en <br />accounting of the Rmervd and an order requiring Pquiubla m releme the Rdervm to CPdcl fw <br />the benefit of the Retired sad USWA intervened in the Colorado Action and also caught an <br />accounting of the Rdervm and art order requiring Equitable m release the Rdervm to the <br />Retired; and <br />WHEREAS, on Novembv 7, 1990, CPR,1 and nine e~liatm filed voluntary Chapter 11 <br />petitions in the United Statm Bsnknrptcy Caut for the District of Utah ("Bankmptcy Court") <br />and on November 14, 1990 a Notice of Aurrnnntic Stay war filed in the Colorado Acion; end <br />WHEREAS, Debtors' Fint Amendal and RdUted loiot Plan of Reorganization <br />("POA") dated December I, 1992, cam confnmed 6y the Bankruptcy Court on Febmary 12, 1997 <br />and following confirmation of the POR CF&I became"Reorganized CF&1";end <br />mu+. rw <br />