9. Contingencies MINERAL RESOURCE PROPERTIES Development of non-operating mineral resource properties and recovery of related costs are dependent upon capital financ- ing arrangements, mineral market conditions, environmen- tal considerations and general economic conditions. Uncertain- ties in respect of such proper- ties are outlined in note 2. BANK INDEBTEDNESS Brinco Mining Limited currently is renegotiating its loan agree- ment with its Bank. Uncertain- ties in respect of possible revi- sions to repayment terms, covenants, interest rates and forms of security are outlined in note 4. LEGAL ACTIONS Brinco Mining Limited, as well as others, continues to be named as a defendant in a large number of product liability suits in the United States in which substan- tial damages are claimed for alleged injuries to the health of asbestos workers and others by means of their exposure to asbestos fibres or dust. The sub- | sidiary company is currently in- volved in approximately 950 | such suits. Since 1974, the com- pany has been involved in ap- | proximately 2,400 claims and has agreed to settle or been dismissed from approximately 1.450 claims. Three cases have gone to trial. In one case, the company was dismissed before the verdict was rendered. A se- cond trial resulted in a verdict for the defense. The third case. _ involving seven plaintiffs, was decided against the defendants and the jury apportioned damages of US. $41,650 against the company. From 1974 to date, legal and settlement costs have totalled approximately $8,000,000. The costs to date may not be indicative of future costs since the company’s | potential liability in each case | depends upon a great many fac- tors apart from legal defenses, including the seriousness of the claimant's illness, whether the ill- ness is related to exposure to asbestos supplied by the com- pany and the amount of con- tribution required from the various co-defendants. In 1982, Manville Corporation. which is both a substantial fibre supplier in many of the actions in which Brinco Mining Limited has been sued and the employer in a large number of Brinco Mining Limited's cases, petitioned for relief under Chapter 11 of the U.S. Bankrupt- cy Code. Amatex Corporation, which is the employer in certain cases in which Brinco Mining Limited has been sued, applied for similar relief. The company is not now in a position to assess the impact of these bankruptcy filings on its potential liabilities. The bankruptcy filings have had the immediate effect of remov- ing the petitioning companies from the litigation. Some cases are proceeding to trial without the petitioning companies and other cases have been stayed pending further developments in the bankruptcy proceedings. The company held policies of in- surance providing coverage for product liability in the years 1953 to 1975. The company takes the position that a substantial portion of the settle- ment and litigation costs, as well as any judgment that might be rendered against it. should be reimbursed by its insurance car- riers. While these insurers have thus far denied coverage in most instances, the company has instituted litigation in the Ontario Courts to recover cer- tain of these costs. BRINCO 198] ENERGY PROGRAM Brinco Oil & Gas Limited is the general partner of the Brinco 1981 Energy Program, an oil and gas exploration and develop- ment limited partnership which during 1981 sold 5,219 units to third parties at $1,000 per unit. Commencing in 1984, any limited partner may require the company to offer to purchase all or any of their units at a price related to the fair market value of each unit at the time. The maximum number of units that — the company is obligated to pur- chase in any one year is 1,000. 10. Commitments EXPLORATION AND DEVELOPMENT As a condition of the purchase of Brinco Oil & Gas Limited in 1979, the Company agreed to spend over the ensuing five years $25,000,000 for explora- tion and development of oil and natural gas properties principal- ly in Canada (to date the Com- pany has spent approximately $22,500,000). U.S. COAL PROPERTY An annual payment of U.S. $750,000 is due in each of the years to 1986. After January 1, 1987, a royalty of US. $1.25 per ton of coal mined and sold will be payable. FUTURES CONTRACTS At December 31, 1982 the Company had entered into gold futures contracts to sell a total of 5,000 ounces of gold at prices per ounce ranging from US. $441 to U.S. $500 maturing at various dates to February 1984. The Company anticipates having sufficient production to meet this commitment. 11. Retirement Plans The Company maintains con- tributory retirement plans which cover certain salaried and hour- ly paid employees. A deficiency, which existed as at the date of the last actuarial evaluation, ha been fully funded. 12. Remuneration of Directors and Senior Officers The aggregate direct remunera- tion paid or payable for the year by the Company and its sub- sidiaries to its directors and senior officers amounted to $955,000 (1981 - $1,039,000). 13. Reclassification For 1982 certain figures reported in 1981 have been reclassified to conform to cur- rent presentation.