Laserfiche WebLink
(ii) The Debtor may engage contractors, and <br /> obtain legal, accounting, or other services <br /> necessary to carrying out the required <br /> environmental remediation. <br /> (iii) The Debtor shall maintain an accounting of <br /> all expenditures from the Environmental Trust, <br /> which shall be provided to the Creditor <br /> Representatives, the DMG, and other governmental <br /> units who may request information, on a quarterly <br /> basis or more often to the extent requested by any <br /> of those entities. <br /> 6.4 .5 Exculpation. The Debtor and its officers, <br /> directors, agents, and employees shall not become <br /> personally liable as a result of any act or omission in <br /> carrying out environmental remediation or in spending <br /> the funds in the Environmental Trust, except for such <br /> acts or omissions as shall constitute willful <br /> misfeasance or gross negligence. Except for such acts <br /> or omissions, the Debtor and its officers, directors, <br /> agents, and employees shall, from time to time, be <br /> entitled to be exonerated and indemnified from time to <br /> time by the Environmental Trust against any loss, <br /> expense, or liability which they may suffer. The <br /> Debtor shall not be required to give any bond or surety <br /> for its performance of environmental remediation or its <br /> administration of the funds in the Environmental Trust, <br /> and, if so otherwise ordered, shall be entitled to be <br /> reimbursed for the cost of such bond or surety from the <br /> Environmental Trust. <br /> 6.5 Executory contracts. The Debtor rejects all <br /> executory contracts and unexpired leases, if any, that have not <br /> been otherwise assumed or rejected as of the Effective Date, <br /> excepting (i) the M&E contract, and (ii) the Debtor's lease of <br /> the Mid-Continent Quarry. The M&E contract shall be assigned to <br /> the Trustee, and the Mid-Continent Quarry shall be assigned to <br /> the MLRB. <br /> 6. 6 Allowance of claims . The Debtor may initiate <br /> proceedings to object to any claim on or before the Effective <br /> Date. The Trustee or the Creditor Representatives additionally <br /> may initiate such proceedings for a period of 30 days after the <br /> Effective Date. Any claim for which a proof of claim has been <br /> filed within any applicable period of limitation fixed by the <br /> Court, or any scheduled claim which is deemed filed under Section <br /> 1111 (a) of the Bankruptcy Code, to which no objection is filed as <br /> -14- <br />