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constitute a reciprocal release of all claims, if any, arising out
<br /> of such Class 9 claim holder's claims against the Debtor, by and
<br /> between such Class 9 claim holder and its officers, directors,
<br /> agents, employees, on the one hand, and Sanwa and its officers,
<br /> directors, agents, and employees, on the other hand.
<br /> 7 . 3 Consensual Release Between Minerals and Affiliates
<br /> and Class 9 . Acceptance of the Plan by a holder of a Class 9 claim
<br /> shall, upon the Effective Date, constitute a reciprocal release
<br /> between such Class 9 claim holder and its officers, directors,
<br /> agents, and employees, on the one hand, and Minerals, Minerals '
<br /> corporate affiliates and subsidiaries, and their respective
<br /> officers, directors, agents, and employees, on the other hand.
<br /> Provided, however, the release provided in this section shall
<br /> become void ab initio if the cash distributions to Class 9 under
<br /> the Plan, on December 31, 1995, total less than five percent of the
<br /> Allowed Claims in Class 9. Further provided, Minerals and
<br /> Minerals ' corporate affiliates and subsidiaries, on their behalf
<br /> and on behalf of their respective officers, directors, agents, and
<br /> employees, shall, prior to the Effective Date, deliver to the
<br /> Official Unsecured Creditors' Committee, for the benefit of all
<br /> Class 9 claim holders, an agreement tolling any statute of
<br /> limitations with respect to the assertion of such claims by any
<br /> Class 9 claim holder, to the extent that such statute had not
<br /> expired before December i, 1993 .
<br /> 7 .4 Minimum Acceptance Requirement. In the event that
<br /> the Plan is not accepted by a minimum of $10, 000, 000 of Class 9
<br /> claims, specifically including the claims of the Colorado
<br /> Compensation Insurance Authority, Public Service Company of
<br /> Colorado, and the Denver & Rio Grande Railroad, the Plan shall be
<br /> withdrawn and all releases given pursuant to Sections 7 .2 and 7 . 3
<br /> of the Plan shall be null and void, unless Sanwa in its sole
<br /> discretion waives this minimum acceptance requirement.
<br /> 7 .5 Other Claims Against Third Parties . Except as
<br /> provided in Sections 7 . 1, 7 .2 and 7 .3 of the Plan, nothing in the
<br /> Plan shall limit the liability, if any, of any person other than
<br /> the Debtor on any claim against the Debtor. Specifically, nothing
<br /> in the Plan shall release any officers, directors, agents,
<br /> employees, or corporate affiliates of the Debtor from any personal
<br /> .liability that such persons may have with respect to environmental
<br /> remediation or reclamation of the Mine Site. Nothing in the Plan
<br /> shall constitute any admission of such liability by such persons.
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