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2. Power Motive Corporation v Blackwin¢ Enterprises [nc Agile CMAC Colorado <br />Materials Concrete Corporation. COMAT. Rock & Rail. et al., Fremont County District <br />Court Case No: OICV72 (claim for foreclosure of mechanic's lien, breach of contract. <br />and unjust enrichment; relating to money owed by Bayless Transport for equipment <br />used at Parkdale, claimed damages of approximately $186,000); case dismissed with <br />prejudice September 30, ?002; settlement agreement letter dated February 20, 2001. <br />ROCK & RAIL <br />2. <br />National Railwav E ui ment Companv v. Rock & Rail, EI Paso Coun[y (Colorado) <br />District Court Case No. 02CV 1498 (claim for goods sold and delivered, claimed <br />damages of 515,984); case closed June 6, 2002; court docket reflects writ of <br />garnishment issued. but not yet execu[ed with banks nor paid. <br />Materials Concrete Corporation. COMAT. Rock & Rail. et al., Fremont County District <br />Court Case No. OICV72 (claim for foreclosure of mechanic's lien, breach of contract, <br />and unjust enrichment; relating to money owed by Bayless Transport for equipment <br />used at Parkdale, claimed damages of approximately 5186,000); case dismissed with <br />prejudicc September 30, 2002; settlement agreement letter dated February 20, 2001. <br />Schedule 4,13 <br />Company Contracts <br />AGILE: <br />1. LINC Documents: <br />(a) ZINC 5750,000 Note <br />(b) LINC 55,500,000 Note <br />(c) LINO Loan Agreement <br />2. RCI Bridge Loan Documents: <br />(a) RCI Parkdale Quarry Deed of Trust <br />Other Agreements: <br />(a) Metso/Svedala Settlement Agreement <br />(b) Agreement (Regarding Use of Tracks) dated as of May 12, 1998 between Royal <br />Gorge Express, LLC, Rock & Rail, Agile and Canon City Royal Gorge Railroad, <br />LLC. <br />(c) Aggregate Supply Agreement dated as of April 30, 2002 between Agile and <br />Rapid Ready Miz. LLC. <br />(d) Promissory Note dated May 24, 2001 in the amount of 52.000,000 from Agile to <br />Landco Investmt;nts, LLC, Randle W. Case II, Lindsay Case and Stephan J. <br />Meylen. <br />(e) U.S. Bancorp Master Lease Agreements <br />(f] Exempt Transportation Contract BNSFC 303988 effective May 1, 1999 and <br />expiring December 31, 2002 between Agile Stone Systems, Inc. and Rock & <br />Rail, Inc. and Burlington Northern and Santa Fe Railway Company, concerning <br />40 <br />