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Schedule 4..12 ' <br />Company Disputes and Judgments <br />AGILE <br />I. See Disputes listed on Schedules 3.3 and 4.8(a). <br />2. A~olied Industrial Technolo¢ies v Agile. EI Paso County (Colorado) District Court <br />Case No. 02CV3315 (clatm far approximately $44,000 owed for goods and services). <br />3. Canon Citv & Roval Goree Railroad LLC v. COMAT. Agile and Rock & Rail. <br />Arbitration Case No. 77 181 00188 OI (disputes concerning Trackage Rights Agreement <br />and Operating Agreement). <br />4. William H. Fehr v. COMAT. Agile and Rock & Rail, U.S Bankruptcy Court, Eastern <br />District of Pennsylvania, Bankruptcy Case No. 02-21334, Adversary Proceeding No. <br />02-2133 (claim for recovery of collateral). <br />5. McDermott Law Firm v. Agile and COMAT, EI Paso County (Colorado) District Court <br />Case No. O1C024158 (claim for payment in relation to services performed; in the <br />amount of $4,078.07). <br />6. Power Motive Corporation v. Bavless Transport. Agile. COMAT. et al., Fremont <br />County (Colorado) District Coutt Case No. 02CV42 (claims for breach of contract, <br />amounts owing, unjust enrichment, and foreclosure of mechanic's lien, relating to <br />money owed by Bayless Transport for equipment used at Parkdale, claimed damages of <br />approximately $85.000); includes [he following cross-claims: (a) Denver East v. <br />COMAT and Agile (for services rendered, claimed damages of approzimately $46,000): <br />(b) Crane Services v. Agile (for services rendered, claimed damages of approximately <br />56,600; and (c) Albert v. COMAT and Agile (seeking indemnification). <br />ower Motive Cot2oratiot! v. Blackwine Enterprises, inc.. Agile. CMAC. Colorado <br />Materials Concrete Corporation. COMAT. Rock & Rail. et al., Fremont County <br />(Colorado) District Court Case No. OICV72 (claim for foreclosure of mechanic's lien. <br />breach of contract, and unjust enrichment; relating to money owed by Bayless Transport <br />for equipment used at Parkdale, claimed damages of approximately $186,000); case <br />dismissed with prejudice September 30, 2002; settlement agreement letter dated <br />February 20, 2001 settling all claims for 5156.000; Power Motive to release lien upon <br />full satisfaction; Agile has made payments totaling $144,000, with remaining balance of <br />$ ! 2,000. <br />Roval Gorae Truck Center. Inc v Aeile. Fremont County (Colorado) District Court <br />Case No. 0X500 (claim for money owed. clatmed damages of approximately $I 1.000): <br />oral settlement agreement reached: Agile to pay 51.000 per month anti) paid in full; <br />August and September 2002 payments made. <br />Yenter Companies Inc v COMAT and Agile. EI Paso County (Colorado) District Court <br />Case No. 02CV2614 (suing for amount ovtied. Maimed damages of approxtmately <br />$80,000). <br />ROCK & RAIL <br />Canon Citv & Royal Gorge Railroad LLC ~ C<~~tAT. Agile and Rock & Rail, <br />Arbitration Case No. 77 181 00!8801 td~~rui~~ ~~~ncerntng Trackage Rights Agreement <br />and Operating Agreement). <br />l;{ <br />