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Chubb Insurers 1/25/2021
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Chubb Insurers 1/25/2021
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Entry Properties
Last modified
2/24/2021 11:51:50 AM
Creation date
2/24/2021 11:51:20 AM
Metadata
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Template:
Contracts
Contractor's Name
Chubb Insurers
Approval Date
1/25/2021
Council Approval Date
1/13/2021
Department
Legal
Department Project Manager
Tim Benedict
Subject / Project Title
4000 Railway Insurance Settlement
Tracking Number
0002790
Total Compensation
$100,000.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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2.3 Chubb Insurers dispute a coverage obligation, in whole or in part, under the <br /> Chubb Policies for any and all of the Environmental Claims at the Site. <br /> 2.4 City and Chubb Insurers desire to compromise and settle any past, present or <br /> future claims for insurance coverage for bodily injury,property damage or personal injury under <br /> the Chubb Policies arising out of or relating to the Environmental Claims at the Site, and City <br /> intends to give the Chubb Companies a full and complete release of any liability under the Chubb <br /> Policies arising out of or related to the Environmental Claims at the Site. The Chubb Insurers <br /> are willing to compromise and make payment to settle the Environmental Claims at the Site on <br /> the basis of the terms set forth in this Settlement Agreement. <br /> HI. AGREEMENT <br /> 3.1 Payment. For and in consideration of the covenants and releases stated in this <br /> Settlement Agreement, Century agrees to pay to City the sum of$302,608 (the Settlement <br /> Amount)within thirty (30)days after the mutual execution of this Settlement Agreement by the <br /> Parties. <br /> 3.2 Allocation. City and the Chubb Insurers agree that the Chubb Insurers have the <br /> right to allocate the Settlement Amount amongst its own Chubb Policies in its discretion. City <br /> and the Chubb Insurers further agree that the Settlement Amount shall erode the limits of <br /> liability of the Chubb Policies. <br /> 3.3 Release. For and in consideration of the payment of the Settlement Amount and <br /> the mutual covenants stated in this Settlement Agreement,City unqualifiedly releases and forever <br /> discharges the Chubb Companies from and against any past,present or future claims,obligations <br /> or liability, known or unknown, existing or hereafter arising, for insurance coverage under the <br /> Chubb Policies,including defense or indemnity,arising out of,relating to or in any way connected <br /> to the Environmental Claims at the Site. The Parties agree that this release constitutes a <br /> complete and unqualified release by City of insurance coverage under the Chubb Policies for past, <br /> present or future insurance coverage claims,known or unknown, of whatsoever kind or nature, in <br /> connection with or arising out of the Environmental Claims at the Site and that the Chubb <br /> Companies shall have no further liability or obligation whatsoever to City in connection with the <br /> Environmental Claims at the Site except for the duties and obligations imposed by this <br /> Settlement Agreement. <br /> 3.4 General Release and Release of Potential Future Claims. City understands and <br /> agrees that the releases set forth in paragraph 3.3 in this Settlement Agreement are general <br /> releases of the matters described in that paragraph. City further understands and agrees that, in <br /> regard to the matters released as set forth in this Settlement Agreement, it may have sustained <br /> 3 <br />
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