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SETTLEMENT AGREEMENT AND RELEASE
<br /> This Settlement Agreement and Release("Settlement Agreement")is effective this
<br /> day of November, 2020 ("Effective Date") by and between The City of Everett, Washington
<br /> ("City") and Century Indemnity Company, as successor to (1) CCI Insurance Company, as
<br /> successor to the Insurance Company of North America and Indemnity Insurance Company of
<br /> North America, and(2) CIGNA Specialty Insurance Company Pia California Union Insurance
<br /> Company ("Century"); and Highlands Insurance Company, in Receivership (only to the extent
<br /> policies were issued by Cravens Dargan& Company, Pacific Coast) ("Highlands")(collectively
<br /> the"Chubb Insurers"), hereinafter collectively referred to as the"Parties."
<br /> I. DEFINITIONS
<br /> 1.1 The"Chubb Policies" includes all known and unknown insurance policies issued
<br /> by any of the Chubb Companies that provide coverage to the City, including,but not limited to,
<br /> the policies listed on Exhibit A hereto.
<br /> 1.2 The"Chubb Companies"shall mean the entities listed in Exhibit B hereto.
<br /> 1.3 The "Chubb Insurers" shall mean Century Indemnity Company, as successor to
<br /> (1) CCI Insurance Company, as successor to the Insurance Company of North America and
<br /> Indemnity Insurance Company of North America, and(2) CIGNA Specialty Insurance Company
<br /> (f/k/a California Union Insurance Company)("Century");and Highlands Insurance Company,in
<br /> Receivership (only to the extent policies were issued by Cravens Dargan & Company, Pacific
<br /> Coast("Highlands"), and shall also include, without limitation,their current and former parents,
<br /> subsidiaries, divisions, affiliates, successors, assigns, directors, officers, agents, employees and
<br /> any other entity that was in the past or is now affiliated with, related to or associated with the
<br /> Chubb Insurers.
<br /> 1.4 "Claim(s)"shall mean any and all claims,obligations,liabilities,assertions of right,
<br /> complaints, cross-complaints, cross-claims, third-party claims, counterclaims, affirmative
<br /> defenses, writs, demands, disputes, letters, notices, inquiries, requests, petitions, directives,
<br /> obligations,lawsuits,actions,causes of action,administrative proceedings,governmental or quasi
<br /> governmental claims or actions,orders,judgments,settlements,arbitrations,mediations,liens,and
<br /> any other assertion of liability of any kind or subject matter whatsoever, and as to all of the
<br /> foregoing whether past, present or future, known or unknown,asserted or unasserted, foreseen or
<br /> unforeseen, fixed or contingent, direct or indirect, matured or unmatured, liquidated or
<br /> unliquidated, direct or consequential, and whether based on contract, tort, statute, regulation,
<br /> equity,admiralty,or otherwise, including but not limited to those seeking damages or other relief
<br /> because of"property damage,"arising out of or relating to the Site. "Claim(s)" further includes,
<br /> among other things, without limitation, claims based on contribution, equitable contribution,
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