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The Load-Out Site (defined in Answer Exhibit 1 T LE p. 2), Carbondale Industrial Park <br /> (defined in Piro\ § 1.4) and Carbondale Fabrication Shop (defined in PLAN § 1.17) are <br /> located entirely in Garfield County,Colorado.None of the equipment or personal property <br /> located at these Garfield County sites is subject to any personal property lien or claim of <br /> Plaintiffs. Of the total equipment and personal property owned by MCR, approximately <br /> 25% of its value is attributable to that situate in Garfield County, Colorado. <br /> 68. Under the terms of the M&E/ G CON-FRAct,the work to be performed by <br /> the equipment liquidator fell into two basic categories,that is,either salvaging or scrapping. <br /> Salvage work is defined and compensated as follows (tii&E/KiNG CONTRACT,¶III,Answer <br /> Exhibit 1 p. 7): <br /> The term "Cost of the Work" shall mean costs incurred by Contractor <br /> relating to the dismantling,recovery,and preparation for sale of the Equipment, <br /> and leaving the site of Contractor's work at the Jobsites in a reasonably clean <br /> and safe condition, provided, however, that such costs shall exclude all costs <br /> related to Contractor's sales efforts of the dismantled and reclaimed Equipment, <br /> which selling expenses,(e.g.brochures,other advertising,labor,telephone and <br /> other expenses related to equipment sales), _hall be borne by Contractor. Cost <br /> of the Work shall be initially borne by Contractor but shall be reimbursed first <br /> out of gross sales proceeds from the Equipment. Cost of the Work shall not <br /> include any mark-up over actual costs, it being understood that Contractor's <br /> profits on the Work shall be derived exclusively from commissions received from <br /> sale of Equipment. Costs of the Work shall include, but not be limited to, the <br /> items set forth below to the extent that such items relate to the recovem <br /> dismantling and preparation for sale of the Equipment: [Double underscoring <br /> added.] <br /> A. Wages and salaries paid to and for Contractor's employees and <br /> labor,(including also,but not limited to,training,fire bosses,and other MSHA <br /> required personnel), in the direct employ of Contractor, [sic] including such <br /> required inspection personnel, insurance or other benefits, if any, as may be <br /> payable with respect thereto. <br /> Scrapping, to be performed entirely at M&E`King's expense, is also specifically <br /> addressed in the M&E/KING CONTRACT (T II.J and ILM, Answer Exhibit 1 pp. 6 and 7): <br /> J. Removal of Scrap. Contractor,at Contractor's own expense,shall <br /> remove from the Mine Site and Load-Out Site,Carbondale Industrial Park,and <br /> Carbondale Fabrication site,all metallic scrap,and all tires,wood or other non- <br /> metallic scrap. If any Equipment or metal structures cannot be sold after <br /> reasonable sales efforts have been made, the same shall be considered scrap <br /> metal and may be cut up or may be given away.Scrap metal will be removed by <br /> CNIL No.97 cv 131-3 -9- A-MENDED ANSWER&COUNTERCLAIMS <br />