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reimbursement, indemnity, equitable indemnity, subrogation, equitable subrogation, "other
<br />insurance rights," claims predicated on tort, bad faith or extra -contractual liability, or pursuant to
<br />any other theory of law or in equity from any source.
<br />1.5 "Environmental Claim(s)" shall mean any and all Claims asserted by or against
<br />City, whether based upon City' s alleged acts or omissions or status as a generator, user, disposer,
<br />owner/operator or transporter, arising out of actual, alleged, threatened or potential pollution,
<br />contamination or any other injurious environmental condition or the actual, alleged or threatened
<br />release, discharge, dispersal, escape of, or exposure to, any injurious, toxic or noxious substance,
<br />including without limitation any hazardous substance as defined in 42 U.S.C. § 9601, smoke,
<br />vapors, soot, fumes, acids, alkalis, toxic chemicals, petroleum substances and derivatives, liquids
<br />or gases, waste materials or other irritants, contaminants, or pollutants of whatsoever nature, and
<br />shall include, without limitation, any such claims involving actual, alleged, threatened or potential
<br />bodily injury, property damage or personal injury (including alleged damage or injury to natural
<br />resources) as those terms are used or defined in the Chubb Policies and claims for cleanup or
<br />remediation costs, including costs incurred and sums expended for investigation, removal,
<br />distribution, treatment or containment. This definition includes claims for NRD or animal or plant
<br />habitat damage of any kind and any claim for penalties under a statutory scheme. This definition
<br />includes claims arising out of any materials sold or delivered by City to a third party. This
<br />definition is limited to those Claims arising out of the Site.
<br />1.6 The "Site" means the real property and buildings located at 4000 Railway Ave.,
<br />Everett, WA 98021, Washington State Department of Ecology VCP No. NW1731, Facility Site
<br />No. 33866455.
<br />1.7 "City" shall mean the City of Everett, Washington, including without limitation,
<br />its current and former divisions, affiliates, successors, assigns, council members, directors,
<br />officers, agents, employees and any other entity that was in the past or is now affiliated with,
<br />related to or associated with City, including any and all entities named as insureds or otherwise
<br />entitled to insurance under the Chubb Policies.
<br />II. RECITALS
<br />2.1 City alleges that it has incurred, is currently incurring, and expects to incur in the
<br />future, costs and expenses in connection with Environmental Claims at the Site.
<br />2.2 City has presented the Chubb Insurers with claims for insurance coverage under
<br />the Chubb Policies for its costs and liabilities in connection with Environmental Claims at the
<br />Site.
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