1994-02-01_GENERAL DOCUMENTS - C1981017 (2)

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7 .5 Other Claims Aciainst Third Parties. Except as provided in Sections 7. 1, 7 .2 and 7 .3 of the Plan, nothing in the Plan shall limit the liability, 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 past 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. 8.3 Modification of the Plan. The Debtor may propose amendments or modifications of the Plan at any time prior to confirmation. After entry of the Confirmation Order, the Debtor may, with approval of the Court, so long as it does not materially or adversely affect the interests of holders of Claims, remedy any defect or omission or reconcile any inconsistency in the Plan, or in the order confirming the Plan, in such manner as may be necessary to carry out the purposes and effect of the Plan. 8.4 Documents and agreements. All parties bound by this Plan shall execute all documents, releases, assignments or other agreements necessary to implement the Plan. If any necessary party refuses or fails to execute, deliver or to join in the execution or delivery of any instrument required to effect a transfer of property dealt with by the Plan or perform any other act, including the satisfaction of a lien, necessary for consummation of the Plan, 18