1993-01-18_GENERAL DOCUMENTS - C1981017

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agente7—and effT-1rez---7 in eenfleetien with iqueh GlaBe -9 heldeEle elaiffi& 8n -e.- Netwith tanding the fer-eg&iftg =fiii 'th:;e':'."eve�n't' 'th'*a*t"`the"Plan is''not' accepted by a minimum of $10,000,00'0 of Class 9 claims, specifically including the claims of the Colorado Compensation Insurance Authority, Public Service Company of Colorado, and the Denver & Rio Grande Railroad, the Plan shall be withdrawn and all releases given pursuant to this Sectioni 7-*i*'2':::a'*'*n'*d**'*'7 W`3 6 f.'::,t h d::Plain shall be null and void, unless Sanwa in its XX s !:e i s,6*r**e*'t i o n waives the-i" minimum acceptance requirement. 7 .45 Other Claims Against Third Parties. Except as provided in Sections 7.2 and 7.3 of the Plan, nothing in the Plan shall limit the 'f iability, if any, of any person other than the Debtor on any claim against the Debtor. Specifically, nothing in the Plan shall release any officers, directors, agents, employees, or corporate affiliates of the Debtor from any personal liability that such persons may have with respect to environmental remediation or reclamation of the Mine Site. Nothing in the Plan shall constitute any admission of such liability by such persons. ARTICLE VIII MISCELLANEOUS 8 . 1 Headings. The headings used in the Plan are solely for the convenience of the reader and do not in any way limit, expand or modify the provisions of the Plan to which they refer. 8.2 Severability. If any provision of the Plan renders the Plan unconfirmable, or is otherwise held to be illegal, invalid, or unenforceable, such provision shall be fully severable. The Plan then shall be construed and enforced as if such provision had never comprised a part of the Plan, and the remaining provisions of the Plan shall remain in full force and shall not be affected by the unconfirmable, illegal, invalid, or unenforceable provision or by its severance from the Plan. Furthermore, in lieu of such provision, there shall be added as a part of this Plan a provision as similar in terms to such unconfirmable, illegal, invalid, or unenforceable provision as may be possible and be confirmable, legal, valid and enforceable. Notwithstanding the foregoing, the provisions of Section 7 . 1 of the Plan may not be severed from the Plan. -23-