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affiliates, arising out of any act or omission as Creditors' Trustee or <br /> Creditors' Representative, except for such acts or omission as shall <br /> constitute misfeasance, gross negligence, or willful disregard of duties. <br /> Except for such acts or omission, the Trustee and the Creditors' <br /> Representative shall,from time to time,be entitled to be exonerated and <br /> indemnified by the Creditors'Trust against any loss,expense,or liability <br /> which they may suffer.Neither the Creditors'Trustee nor the Creditors' <br /> Representatives shall be required to give any bond or surety for the <br /> performance of their duties and,if so otherwise ordered,shall be entitled <br /> to be reimbursed for the cost of such bond or surety from the Creditors' <br /> Trust. <br /> And see,Answer Exhibit 7 p. 5, described in Answer $ 135, post. <br /> 110. Plaintiffs' may not, at this late date, seek to rewrite the PLAN, seek to <br /> interfere with the discretion granted the Creditors' Trustee by the PLAIN, or attempt to <br /> modify the immunity provided by the PLAN. <br /> Sixth Affirmative Defense <br /> (Failure to Join Indispensable Parties) <br /> 111. For an affirmative defense to the allegations of Plaintiffs' complaint, <br /> Defendants reallege the allegations in paragraphs 49-99 above and further state that by the <br /> declaratory relief sought it may jeopardize the rights of the following classes of creditors <br /> as classified by the Bankruptcy Court in the Plan and each creditor in each of the following <br /> classes: <br /> Creditor <br /> Class Creditor, Plan Section <br /> Class 4 Sanwa, PLAN§ 4.2, <br /> Class 5 Reclamation,DMG, id. § 4.3, <br /> Class 6 Environmental, e.g., asbestos, PCBs, water <br /> sampling, on-going permit compliance,etc., <br /> id. §4.4, <br /> Class 9 General unsecured claims exceeding$10,000, <br /> id. § 4.6, <br /> Class 10 Pitkin Iron Corporation, id. § 4.7, <br /> 112. The PLA.N protects each creditor in each of the foregoing classes.The relief <br /> sought by Plaintiffs' may jeopardize each creditor's PLAN protection. <br /> 113. Plaintiff has not complied with the mandatory requirements of COLO.R.Civ. <br /> CIVIL No.97 cv 131-3 -21 - AMENDED ANSWER&COUNTERCLAIMS <br />