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In addition to the foregoing, the following instances of noncompliance exist: <br />AGILE: <br />1. Agile received two citations from the Mine Safely and Health Administration in May, <br />2002, and 21 additional citations from MHSA in February, 2003. MHSA currently <br />considers these citations to be closed, bu[ such conclusion may be based on the <br />erroneous assumption that the quarry is no longer operating, Agile has a payable to <br />MHSA in the amount of $10.199.00. <br />ROCK & RAIL: <br />I. As of April 2000. Rock & Rail had been cited by the Federal Railroad Administration <br />("FRA") during one or more random inspection(s) for violations relating to railroad <br />equipment, track and record keeping. <br />2. Rock & Rail received inspection comments and deficiency notices from the FRA on or <br />about November, 1999, as indicated in an internal memorandum from Mitch Albert to <br />Ray Marshall dated February 14, 2000. <br />3. Rock & Rail received Ie[ters (which may cover the items in 1 and 2 above) from the <br />FRA dated November 24, 2003 and December 8, 2003, asserting five violations of FRA <br />safety regulations and assessing a $3f,000 fine. 'these violations may be inclusive of <br />those referred to in item #1 above. Rock & Rail responded [o the FRA on <br />December 17, 2003 asserting that it has taken steps to remedy or eliminate [he <br />violations and proposing a reduction in the fine to $7,750. <br />4. The leased trailer office in Canon City may violate certain local zoning regulations. <br />Schedule 4.11(x) <br />Company Tax Returns <br />As of December 31, 2003, the following Tax Returns had not been filed: <br />ALL COMPANIES: <br />2000, 2001, 2002 and 2003 Form 5500 Returns in connection with 40l(k) Plans. <br />AGILE: <br />Agile is delinquent in the payment of its Fremont County real progeny taxes for the <br />years 2001 and 2002: $61,690.83 (as of January 3l, 2004). In addition, as of April 30. <br />2004, Agile will owe $45,151.24 in 2003 real progeny taxes. <br />2. Agile is delinquent in the payment of i[s Fremont County personal property taxes for <br />the years 2001 and 2002: $ 116.549.03 (as of January 31, 2004). In addition, as of <br />April 30, 2004, Agile will owe $53,190.44 in 2003 personal property taxes. <br />Agile is delinquent in the payment of its EI Paso County real property taxes for the <br />years 2001 and 2002: $1.128.23 (as of February 6. 2004). In addition, as of April 30. <br />2004, Agile will owe $656.47 in 2003 real property taxes. This does not include tax <br />reimbursement obligations on [he Drennan lease. <br />ROCK & RAIL: <br />Rock & Rail is delinquent in the payment of state assessed Fremont County real and <br />personal property [axes for the years 2000, 2001 and 2002: $60,277.64 (as of <br />January 30. 2004). In addition, as of April 30, 2004. Rock & Rail will owe $28,062.92 <br />in 2003 real and personal property taxes. <br />36 <br />