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Contractor from the sites and any proceeds derived therefrom may be retained- <br /> by Contractor. Hazardous materials such as asbestos or PCB's shall be handled <br /> at Mid-Continent's expense and in accordance with government-approved <br /> regulations. [Double underscoring added.] <br /> And, <br /> M. Site Condition. Contractor will keep the site of its Work in a safe <br /> condition,and shall comply with all requirements of the Mine Safety and Health <br /> Administration relating to the Work.Contractor shall not knowingly cause any <br /> environmental hazards, and shall make reasonable efforts to comply with all <br /> environmental laws and regulations relating to the Work.At the conclusion of <br /> its work, Contractor will leave the Tobsites in a clean condition. Aside from its <br /> contractual duties as set forth in this Contract,Contractor does not assume any <br /> duty or legal obligation to perform any reclamation work on or at the Mine Site <br /> which may be required by Local, State or Federal authorities. [Double <br /> underscoring added.] <br /> 69. Of MCR's Coal Basin mining equipment and personal property, <br /> approximately 50% of the value is attributable to underground mining equipment such as <br /> longwall face equipment, conventional mining equipment sets, and conveyor systems. <br /> Nearly all underground mining equipment was,of necessity,abandoned in place after shut- <br /> down and was neither sold nor salvaged. <br /> 70. Following execution of the M&EXIi'vG CONTRACT, M&FJKing began a <br /> vigorous effort to sell MCR's saleable mining equipment and personal property.By virtue <br /> of discontinuance of mining operations, however, MCR's Coal Basin mining equipment <br /> and personal property plummeted in value. What could be was sold for pennies on the <br /> dollar, much was scrapped. <br /> Bankruptcy Liquidation PLAN <br /> 71. Once the final prospective purchaser for the mine property withdrew,it was <br /> clear it was not feasible to reorganize MCR under Chapter 11 of the Bankruptcy Code. A <br /> plan of liquidation, embodying the provisions of Chapter 7 of the Bankruptcy Code, 11 <br /> U.S.C. §§ 701 - 728, was developed, reviewed by the interested parties and the Creditors' <br /> Committee, and then proposed to the Court. Ultimately, a SECOND AMENDED PLAN OF <br /> LIQUIDATION (herein the "PLAN") was approved and confirmed by "Order Confirming <br /> Debtor's Second Amended Plan of Liquidation" (the "Confirming Order"), which was entered <br /> April 11, 1994,by the Honorable Patricia A. Clark, to which is attached: <br /> a. "Debtor's Second Amended Plan of Liquidation", dated <br /> February 1, 1994; <br /> CIVIL No.97 Cv 131-3 -10- AMENDED ANSWER&COUNTERCLAIMS <br />