Exhibit 10.17   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555  Page 2 of 13I. The purpose of this modification is to settle (1) any and all termination settlementproposals and addendums thereto, issues and/or claims arising under or pertaining to thetermination of Contract DE-AC24-93CH-10555 (hereinafter “the termination”) between the U.S.Department of Energy and its predecessor agencies, including but not limited to the Energy Researchand Development Administration and the Atomic Energy Commission, (hereinafter collectively referredto as “DOE”), and RMI Titanium Company (hereinafter collectively referred to as “the parties”); (2)any and all past, present, and future liabilities and rights of the parties arising from and/orunder (a) Contract DE-AC24-93 CH10555, (b)any and all predecessor contracts and/or agreementsbetween the U.S. Department of Energy and RMI Titanium Company; RMI Company; Reactive MetalsIncorporated; RMI Titanium Company Extrusion Plant; RMI Environmental Services, A Division of RMITitanium Company; and Earthline Technologies (hereinafter collectively referred to as “RMI”) and(c) any and all Subcontracts between Westinghouse Environmental Management Company (“WEMCO”) andRMI which were assigned to the U.S. Department of Energy. Hereinafter (2) (a), (b), and (c) arereferred to collectively as “the Contract”II. This modification is a settlement agreement (hereinafter the “Settlement Agreement”) and isintended solely for the benefit of the parties. It is not intended for the benefit of thirdparties and is not enforceable by third parties Neither party will indemnify the other for anyfuture liability resulting from third party claims or lawsuitsIII. This Settlement Agreement represents the agreement of the parties in its entirety and is notseverableIV. The roles and responsibilities and the settlement of and release of liability are set forthbelow in the following two parts:     **PART I, ROLES AND RESPONSIBILITIES**of the parties for the decontamination and decommissioning ofthe facility known as the former RMI Titanium Company Extrusion Plant, 1601 East 21st Street,Ashtabula, Ohio (hereinafter referred to as “the facility”) The facility is as geographicallydefined in Attachment B     **PART II, TERMS OF THE SETTLEMENT OF LIABILITY AND RELEASE OF LIABILITY**includes all of theparties’ rights, claims, responsibilities, and liabilities arising from and/or under the Contractincluding the termination thereof and all contracts/agreementsbetween RMI and the U.S. Departmentof Energy (“DOE”) and its predecessor agencies.**V.PART I, ROLES AND RESPONSIBILITIES**This Part defines and sets forth the obligations of the parties regarding the decontaminationand decommissioning activities at the facility pursuant to RMI’s Ohio
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555   Page 3 of 13Department of Health (“ODH”) Radioactive Materials License 1190040004 (“ODH license”) requirementsto achieve the end state described in **Attachment A, Ashtabula Closure Project (ACP) End State,**attached hereto and made a part hereof. 1. DOE shall be responsible for achieving the ACP end state as set forth in this SettlementAgreement. The end state will be achieved on or before December 31, 2006, to the maximum extentpossible and to the extent appropriations are available but not to exceed $27 million DOE agrees touse its best efforts to achieve the above by the stated date. If the ACP end state is not achievedby December 31, 2006, and the failure to do so is not the resultof acts or omissions by RMI, theparties agree to enter into good faith negotiations for establishing a new date for completion,subject to availability and extent of appropriations. The parties shall commence negotiationsregarding: a new ACP end state as soon as it is apparent that the December 31, 2006, end date willnot be achieved, but in no event shall the negotiations commence later than June 1, 2006 If suchnew end date is not agreed to by December 31, 2006, RMI and DOEretain the right to pursue anyremedies each may have against the other, including those set forthin this agreement DOE shall notbe responsible for achieving the ACP end state by the above date(s) if RMI is solely responsiblefor any delays preventing the ACP end state from being achieved In the event additional funding isneeded to achieve the ACP end state and DOE is unable or unwilling to obtain such additionalappropriations, RMI and DOE retain all of their rights and remedies under the Contract that existedprior to the Settlement Agreement.  2. The DOE Contractor(s) under contract to decommission and decontaminate the facility will bedeemed to be in control of the work when it has obtained appropriate licenses, and is staffed onsite to execute the contract between the DOE and the DOEContractor(s). The Department determinesthe date by which the DOE Contractor is deemed to be in control. Onthe date the DOE Contractor(s).assumes control of the work, DOE will be responsible for performing activities at the facilitynecessary to achieve the ACP end state described in **AttachmentA,** Ashtabula Closure Project EndState, as set forth in further detail in this Settlement Agreement.  3. RMI shall permit and provide for the DOE and/or the DOE Contractor(s) to have unfetteredaccess to the facility. Such access shall be in accordance with access restrictions in RMI’s ODHlicense and any applicable laws, regulations and rules.  4. RMI shall transfer all government property in its possessionto the DOE. Contractor(s) within10 days after the date the DOE Contractor(s) assumes control of the work DOE will notify RMI of theeffective date of assumption of control within one day of the date of such assumption as set forthin paragraph V.2 above. The DOE Contractor(s) will assume responsibility for all Government Propertycurrently in RMI’s possession, in accordance with all applicable government regulations andstatutes, including FAR 52.245-5, Government Property (Cost Reimbursement, Time-
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555  Page 4 of 13   and-Material, or Labor Hour) and DEAR 952.245-5 Government Property (Cost Reimbursement, Time andMaterial or Labor Hour Contract). DOE shall be responsible for the ultimate disposition of allproject records other than those required to be retained by RMI under any applicable laws orregulations. 5. Notwithstanding any other provision of this Settlement Agreement, RMI reserves the right tosubmit a claim for any costs assessed against RMI by any governmental agency, arising out of DOE orthe DOE Contractor(s)’s actions or inactions at the facility, without any fault of RMI, includingbut not limited to fines and/or penalties. The DOE reserves any rights that it may have to submit aclaim for any costs assessed against its Contractor(s) or DOE as a result of any action or inactionby RMI arising out of RMI’s activities at the facility, without any fault of DOE or itsContractor(s), including but not limited to fines and/or penalties.  6. The parties agree that in the event a dispute or disagreement arises between the parties, orinvolving RMI and the DOE Contractor(s), including but not limited to the assessment of any costsreferenced in paragraph V.5 above, the parties shall elevate the matter to senior management levelof the parties (Senior Management of RMI and the Head of the Contracting Activity, EMCBC) forinformal resolution within fifteen (15) calendar days fromdiscovery of the dispute. In the eventthat the parties are unable to resolve the matter at the senior management level, the parties agreeto enter into nonbinding mediation to be initiated thirty (30) calendar days from the settlementimpasse. In all instances the parties agree to negotiate in good faith. The parties agree that theforegoing informal resolution and mediation process shall be complied with before either partyinitiates a formal dispute under the Disputes clause in the Federal Acquisition Regulation (“FAR”)(FAR 52.233-1, Disputes).  7. The DOE shall not reimburse RMI for any costs, including fines or penalties, for activitiesnot agreed to under, or contemplated by, this Settlement Agreement.  8. 8, Specific Delineation of Work Activities To Be Performed by DOE and its Contractor (s) and RMIat the Facility a) DOE shall comply with the applicable regulatory requirements contained in the RMI ODH licenseand the ODH-approved Decommissioning Plan (“DP”) Any changes to the DP initiated by RMI andsubmitted to the ODH must be coordinated in advance with the DOEContracting Officer. Any changesto the DP initiated by RMI that materially increase cost or delay DOE from complying with theDecember 31, 2006, date or a date agreed to in accordance withV.1 for achieving the ACP end state are not the responsibility of the DOE and excuse DOE from complying with the December 31*,*2006, dateor a date agreed to in accordance with V.1, unless DOE consents to the increase in cost and changeto the December 31, 2006, ACP end state. However any such delay does not excuse the DOE from its responsibility to achieve the
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555  Page 5 of 13   ACP end state. The DOE and its Contractor(s) shall be responsible for implementing the applicableparts of the DP  b) DOE will perform remediation of the facility in accordancewith RMI’s Resource Conservation andRecovery Act (“RCRA”) permit and any RCRA Corrective Measures set forth therein. RMI agrees that itwill not submit to the regulators for approval any changes to any licenses or permits applicable tothe facility without the prior written consent of DOE. Any change to the scope of the RCRACorrective Measures initiated by RMI that materially increases thecost of compliance or preventsDOE from complying with the December 31,2006, date or a dateagreed to in accordance with V.1 forachieving the ACP end state is not the responsibility of the DOE and excuses DOE from complyingwith the December 31, 2006, date or a date agreed to in accordance with V.1, unless DOE consents tothe cost increase and any change to the December 31, 2006, date However any such delay does notexcuse the DOE from its responsibility to achieve the ACP end state.  c) To the extent appropriations are available, DOE will beresponsible for monitoring, operating and maintaining any long termgroundwater extraction and/or treatment remedydeveloped and approved to address the groundwater issues at the site as of the date of the signingof this Settlement Agreement, and for preparing all required reports. In the event adequateappropriations are not available and DOE is unable or unwilling to obtain additionalappropriations, notwithstanding any terms in this Settlement Agreement to the contrary, RMI and DOEretain all of their rights and remedies under the Contract that existed prior to this SettlementAgreement.  d) In addition to compliance with the terms of RMI’s ODH license and OEPA RCRA permit, DOE and itsContractor(s) are responsible for complying with the terms of all applicable licenses and permitsfor the Ashtabula site, including but not limited to the OEPA wastewater discharge permit and OEPAair pollution control permits. DOE and its Contractor(s) also shall be responsible for thefollowing: (1) Maintaining and updating all licenses and permits as required for DOE to achieve theACP end state; and (2) Complying with all applicable laws andregulations.  e) DOE agrees to reimburse, as allowable costs, applicable fees paid by RMI as required forcompliance with the ODH license and OEPA permits, including but not limited to annual permit andlicense fees to be paid to the ODH, OEPA, USEPA in a total amount not to exceed $100,000 per year.The DOE Contractor(s) shall pay directly any applicable fees to Ryber Development for the licensing,access to, and use of rail infrastructure used in the completion of the ACP. RMI shall transferand/or assign existing agreements with Ryber to the DOE Contractor(s) for said activities at theoption of the DOEContractor(s).
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555  Page 6 of 13 f) DOE shall perform all oversight of the DOE Contractor(s). RMI shall have no oversight of orcontrol over the DOE Contractor(s) work.  g) An ACP Council shall be established to resolve compliance-related issues that arise among DOE,RMI, and the DOE Contractor(s). The membership of the ACP Council shall be the DOE EnvironmentalManagement Consolidated Business Center (DOE-EMCBC) Contracting Officer (or designee), the RMIProject Manager (or designee), and the DOE Contractor Project Manager (or designee) RMI’scompliance with ODH and OEPA requirements and the radiological/environmental protection of thepublic health and safety remain the responsibility of RMI. In all such compliance matters, theviews of the ACP Council are advisory. Neither party may claim delay unless it is established thatthe noncompliance or violation is solely due to the actions or inactions of the other party(including DOE’s Contractor(s)). An ACP Council Charter shall be finalized within thirty (30) daysafter the DOE Contractor(s) assume control of the work. Anyactivities of RMI, the DOE, or the DOEContractor(s) that have the potential to impact activities of the other party shall be coordinatedin advance through the ACP Council.  h) The DOE has sole DOE Contractor(s) oversight responsibility including stop work authority forall contract activities, subject to any exceptions set forth in thisparagraph. RMI, as thelicensee, may perform independent oversight to verify compliance with ODH, OEPA and any otherapplicable regulatory requirements. However, notwithstanding any provision to the contrary, inorder to address major compliance issues and to protect the public health, safety, and theenvironment from imminent harm, RMI has the authority to unilaterally issue stop work orders andinitiate whatever reasonable measures are necessary to effectuate such protection. In the event RMIissues such stop work orders or implements such protective measures, RMI shall notify theContracting Officer immediately after issuance of the above. Any such reasonable order issued byRMI shall not be a basis for a claim of delay by DOE. Any delay determined to be unreasonableexcuses DOE from complying with the December 31,2006, date or a date agreed to in accordance with VA 1. However any such delay does not excuse the DOE from its responsibility to achieve the ACP endstate. Additionally, if a stop work order is issued, any party issuing the stop work order shallnotify the RMI Project Manager, the DOE Contracting Officer, and the DOE Contractor ProjectManager, as appropriate, immediately. RMI will notify the ODH ifappropriate. Any issues regardingthe appropriateness of RMI’s actions shall be reviewed initially by the ACP Council in a promptmanner. In the event the matter cannot be resolved at the ACP Council level, then the parties willadhere to the disputes resolution process described elsewhere in thisagreement.
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555   Page 7 of 13 i) If RMI has a concern regarding performance by the DOEContractor(s), RMI shall notify theDOE-EMCBC Contracting Officer (or designee) in writing. The DOE- EMCBC Contracting Officer (ordesignee) shall address the concern within two (2) business days. If RMI does not believe that theconcern has been adequately addressed, RMI shall refer the concern to the Head of the ContractingActivity, DOE-EMCBC and the cognizant RMI Management Official, within four (4) business days of theinitial referral to the DOE-EMCBC Contracting Officer (or designee). In the event the matter still has not been resolved, theparties will follow the disputes process set forth elsewhere in this agreement.  j) The DOE Contractor(s) will be properly licensed by ODH and obtain any necessary license(s)before performing work covered by the terms of the license(s). RMI, as licensee and owner of thefacility, shall cooperate with DOE and its Contractor(s) to provide primary contact with regulatorson matters pertaining to RMI’s license and ownership, including but not limited to, oversight ofDOE’s activities at a level sufficient to satisfy the requirements of RMI’s ODH license for theduration of Site remediation activities at no cost to DOE.  k) DOE shall be responsible for maintaining a First Responder Emergency Operations Center (“EOC”)capability sufficient to provide for the management of events and incidents that may occur withinthe DOE. Contractor(s)’s controlled areas and to interface effectively with local emergencyresponders. A First Responder Plan shall be developed by DOE within 90 days after the DOEContractor(s) assumes control of the work at the facility addressing, at a minimum, effectivemanagement of events relating to fire, radiological incidents, injury and illness, and severeweather, and which provides for abnormal event reporting. DOE shall be responsible for providingintegration of the security and emergency response plan(s) of the DOE Contractor(s) into RMI’soverall site emergency operations plans.  l) DOE access shall include use of the RMI-owned guardhouse and office building, with the exceptionof RMI-retained files stored in the RMI office building. DOE shall provide furnished office spacefor two full time RMI employees. DOE shall provide additional space for two temporary or “visitor”RMI employees DOE shall be responsible for general Site maintenance and custodial services toinclude, but not be limited to, grass mowing, trimming of hedges and frees, fence line maintenanceas required by permit/license, pest control, and snow removal. In addition, for DOE and DOEContractor(s)-occupied areas, DOE shall provide sanitation services (trash removal), recycling,cleaning of restrooms and drinking fountains,
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555   Page 8 of 13   standard sanitation supplies in restrooms, floor maintenance, and sanitary waste disposalcapabilities. m) DOE shall be responsible for the Site support functions andinfrastructure necessary for theDOE Contractor(s) and RMI to each perform its activities, such as utilities, computers, potablerunning water and sanitary facilities, internet access, telephones, office furniture, equipmentand materials, and dosimetry services for up to three full time RMI employees and a reasonablenumber of visiting RMI employees.  n) DOE shall be responsible for site security and access control in compliance with the RMI SiteSecurity Plan. RMI shall provide the DOE Contractor(s) with 24 hoursite access.  o) Effective on the date the DOE Contractor(s) assumes control of the work and responsibility foractivities under the contract, RMI shall continue to conduct all activitiesdeemed necessary by RMI to provide licensee and/or property owner oversight RMI’s oversightactivities shall be at no cost to DOE.  p) RMI shall have unrestricted access to all areas for purposes of monitoring compliance with theRMI ODH license RMI shall have reasonable access to all portions of the Site for purposes ofconducting RMI activities RMI will take no action that will impede or otherwise interfere with theDOE or DOE Contractor(s)’s activities. 9. The following provisions set forth the parties’ respective responsibilities regardinginteraction and interface with the ODH. a) RMI shall be responsible to the ODH for the protection of the health and safety of the publicconsistent with the requirements of OAC 3701-1-38  b) The ODH has exclusive licensing jurisdiction over thefacility. ODH shall have reasonableaccess, as required by regulation, statute, RMI’s license, the DOE Contractor(s)’s license and/orany other applicable laws, to the activities, files and records ofthe DOE Contractor(s).  c) RMI is accountable to the ODH for complying with and meeting license requirements andregulations.  d) RMI shall remain responsible to ODH for assuringimplementation of the ODH-approved DP. The DOEshall be responsive to ODH issues and concerns during on-site reviewsand inspections. The RMIProject Manager shall be the principal point of contact during thesereviews and inspections.
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555   Page 9 of 13 e) The DOE Contractor(s) shall remain responsible to ODH for assuring implementation of the DOEContractor(s)’s ODH license.  f) The DOE and/or its contractor(s) shall respond to deficiencies identified by ODH which are theresult of actions or inactions on the part of DOE and/or itscontractor(s).  g) DOE and the DOE Contractor(s), to the extent the provisions are applicable, and RMI shallcomply with the ODH License Requirements including provisions set forth to the ODH-approved DP andOAC 3701-1-38 DOE shall ensure that the DOE Contractor(s) is aware that its services under thecontact relate to the ODH-licensed activities of RMI, that the DOEContractor(s)’s employees areworkers within the meaning of OAC 3701-1-38, and that the provisions of OAC 3701 -1-38 apply(including the requirement for informing employees of the provisions of OAC 3701-1-38). 10. Independent Verification Process   DOE shall be responsible for achieving and documenting a condition where the release criteria setforth in the DP have been met and are acceptable to ODH. RMI will coordinate the final ODHverification activities among ODH, DOE and the DOE Contractor(s) in a timely manner. In the eventRMI fails to coordinate such work in a timely manner, and DOE is unable to meet the December 31,2006, or a date agreed to in accordance with V.1 date as a direct result of RMI’s failure to timelycoordinate such efforts, then there shall be a time extension commensurate with the delay caused bythe failure to timely coordinate such efforts. Requesting and receiving license termination fromODH shall be the responsibility of RMI. DOE shall provide all data packages and other documentationrequired to support license termination. RMI shall submit the license termination request to the ODHwithin thirty (30) days of receipt of the final ODH verification report. 11. Additional Miscellaneous Regulatory Responsibilities   Other applicable regulatory requirements (non-ODH) that are necessary for performance of the DOEContractor(s)’s work at the facility shall be the responsibility of the DOE and the DOEContractor(s) until the ACP end state is achieved RMI shall assist in the transfer of any permits,if such is required and permissible, RMI, as permittee on its permits, is responsible for acting asthe primary point of contact for compliance with all regulatory requirements applicable to RMI,during the performance of the DOE’s contract between DOE and theDOE Contractor(s). DOE’sresponsibility for the regulatory requirements
 

 
   RMI Titanium Company Modification A095 to  Contact DE-AC24-93CH10555  Page 10 of 13   and all other requirements concludes upon the completion of the activities necessary to achieve theACP end state identified in Attachment A. 12. If necessary, DOE will attempt to obtain, from the adjoining landowners, consent toaccess their property and perform the activities necessary to comply with the provisions of thisagreement for the areas that are not owned by RMI However, if DOE cannot obtain consent, RMI agreesto exert its best efforts to obtain the adjoining landowners consent and/or access to the adjoiningproperty owned by others. If consent cannot be obtained by either party, then RMI shall takeappropriate action under its license to attempt to gain access to the property for the DOEcontractor and/or DOE. If such access cannot be obtained, DOE will be considered to have compliedwith its obligations with respect to the adjoining property under the Settlement Agreement.  13. In the event RMI is obligated to perform any activities, other than those encompassedwithin or set forth in this Settlement Agreement, in order to decontaminate and decommission thefacility, DOE will request that RMI propose the scope and cost of these activities, and theparties’ negotiations will be memorialized into a modification. Such work shall be performed on aCost-Reimbursable basis in accordance with applicable statutes and regulations. Any cost incurredby RMI for such activities without the prior written consent of the EMCBC Contracting Officer shallnot be submitted to the Department and shall not beallowable/reimbursed. The following are types of activities, which RMI may agree to providepursuant to the above: a) Provide support to the DOE in the preparation or provision of facility drawings, plans, andblock diagrams utilizing RMI Facility data and graphical systems. Such information may include butis not limited to:   i            Building layouts    ii            Utility location maps    iii            Geohydrologic cross-sections and block diagrams    iv            Public outreach and public relations support b) Other support not addressed specifically in this Settlement Agreement, as necessary, to enablethe DOE and the DOE Contractor(s) to perform the work at the facility. 14. DOE’s responsibility at the facility, except as otherwise set forth herein, isconcluded upon completion of the ACP end state, which is the date of approval of ODH specified inAttachment A.
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555  Page 11 of 13**VI. PART II. Settlement and Release of Liability** 1 DOE and RMI enter into this Agreement as settlement of any known or unknown, past, present orfuture liability for decontamination and decommissioning of RMI’s facility formerly known as theRMI Extrusion Plant, 1601 East 21st Street, Ashtabula, Ohio (facility) and any adjacentaffected areas.  2 RMI is hereby relieved of its responsibility for performing the work previously authorized bythe Contracting Officer under the Contract, including the RMIDecommissioning Project scope of work.  3 Execution of this Settlement Agreement constitutes a full discharge, accord and satisfaction,release of any and all claims and any and all liability, actual or constructive, legal, equitable,known or unknown that the DOE on RMI, as identified above, have on may have against the otherarising out of the Contract except as set forth elsewhere in thisSettlement Agreement.  4 Except as otherwise provided herein, upon execution of this Settlement Agreement, RMI’sTermination Settlement Proposals and any addendums thereto, any and all changesarising under the Contract, any and all claims arising under the Contract, including those not inthe termination settlement proposal, any and all claims for future costs associated with theContract, all pension and retirement cost issues, including CAS adjustments, and any and allcorrespondence/requests submitted subsequent to the government’s termination of this Contract forconvenience by letter dated December 23, 2003, are hereby completely settled and constitute fullpayment and settlement thereof. Any payments or material due to subcontractors shall be theresponsibility of RMI, except as otherwise specified herein. There are no reservations to thesettlement of the termination for convenience.  5 Except as otherwise provided herein, all costs incurred by RMI prior to the date upon whichthe Settlement Agreement is signed are encompassed within this Settlement Agreement and no furtherpayment or requests for payment shall be made; provided, however, upon submission of a properinvoice, DOE will reimburse for any monthly costs previously consented to by the ContractingOfficer and incurred by RMI before the date and time of the DOE Contractor(s)’s assumption ofcontrol of the work, at an amount not to exceed $156,000 per month.  6 DOE hereby agrees to make a payment in the sum of $8,472,702.80 to RMI within 30 calendar daysof submission of a proper invoice. In recognition of the fact that this Settlement Agreement is notseverable, if the Settlement Agreement is breached, the $8,472,702.80 shall be returned to theUnited States Department of Energy, upondemand by the Contracting Officer, with interest at the specified Treasury rate, except forany costs that RMI can demonstrate, and the Contracting Officer accepts or establishes throughdetermination pursuant to the termination clause of the Contract,
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555  Page 12 of 13   as allowable termination or other costs under the Contract and this Settlement Agreement. In theevent of such breach, both parties retain all of their rights and remedies under the Contract andlaw. 7 In addition to any exceptions set forth elsewhere in this Settlement Agreement, DOE shall beresponsible for any costs, subject to availability of and appropriation of funds for such purposes,for decontamination and decommissioning environmental contamination that are due to any futureGovernmental (e.g, Federal, state, local, or judicial) determination that the cleanup levels are tobe changed to more stringent cleanup levels for environmental contamination after the site has beenremediated by DOE and approved by ODH. In the event that DOE is unable or unwilling to obtainadditional appropriations sufficient to achieve the ACP end state acceptable to ODH, RMI and DOEretain all of their rights and remedies under the Contract that existed prior to the SettlementAgreement. DOE shall not be responsible for any costs for cleanup due to activities by partiesother than DOE or the DOE Contractor(s) occurring after the site has been remediated and approved byODH.  8 This Settlement Agreement specifically does not settle, decide or resolve any known orunknown, past, present, or future issues arising under the Contract regarding any matters thatinvolve violations of criminal statutes and/or matters involving fraud. Additionally, thisSettlement Agreement shall be voidable at the government’s sole discretion, unless void by law, iffraud or violations of criminal statutes are determined to underlie any of the above matters beingresolved or this Settlement Agreement itself.     B Accounting and Appropriation Data:Appropr.             B&R           Object Class  Code    Allotment AFP CFA         Amount.    89X025191       EY0636300       OH5191       254       PBS OH-AB-00.30       $2,000,000.00         C The total amount allotted by this modification is **$****2,000,000.00**                    D Funds Obligated through Modification A094 **$****139,932,233.30**                      Funds Obligated by this Modification **$****2,000,000.00**                      Funds Obligated Since Inception of Contract **$****150,323,845.74*******          ***Includes internal DOE memo obligations on 9/9/04 and 9/30/05 for a total increase of$8,391,612.44.**
 

 
   RMI Titanium Company Modification A095 to  Contract DE-AC24-93CH10555