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injuries or damages that have not yet manifested and that are presently unknown but,nevertheless, <br /> it deliberately intends to and hereby does release these possible future claims against Century to <br /> the extent they arise out of or are based on acts or omissions occurring prior to the date of this <br /> Settlement Agreement that relate to the Environmental Claims at the Site. <br /> 3.5 Satisfaction of the Chubb Insurer Obligations. For and in consideration of the <br /> payment of the Settlement Amount and the mutual covenants stated in this Settlement <br /> Agreement, City and the Chubb Insurers agree that, upon execution of this Settlement <br /> Agreement, except with respect to the payments specified herein,the Chubb Insurers shall have <br /> no further duties or obligations to City based upon, arising out of or related in any way to the <br /> Environmental Claims at the Site. The Parties stipulate and agree that payment of the <br /> Settlement Amount constitutes a full and complete satisfaction of the Chubb Insurers' <br /> obligations,past,present and future,to or on behalf of City under the Chubb Policies with respect <br /> to the Environmental Claims at the Site. <br /> 3.6 Release of Extra-contractual Claims. For and in consideration of the payment of <br /> the Settlement Amount and the mutual covenants stated in this Settlement Agreement, City <br /> further releases and forever discharges the Chubb Companies from and against any and all claims <br /> or causes of action, including claims for interest, attorneys' fees and litigation costs and for <br /> punitive damages, coverage by estoppel and extra-contractual claims based upon alleged acts or <br /> omissions of the Chubb Companies,if any,known or unknown,arising out of any alleged breach <br /> of a duty of good faith and fair dealing, or allegedly constituting unfair defense or settlement <br /> practices, insurance or other statutory code violations, bad faith or breach of fiduciary duty in <br /> connection with any coverage claims asserted by City arising out of or relating to the <br /> Environmental Claims at the Site. <br /> 3.7 Contribution Claim Bar Order. The Parties shall cooperate in filing a joint action <br /> in state court for a good faith settlement determination and contribution claims bar order. Any <br /> filing by the Chubb Insurers of an action for a good faith settlement determination and <br /> contribution claims bar order shall be brought in Snohomish County Superior Court. Pursuant to <br /> RCW 4.22.060(3),in the event of a determination that the amount paid for a release, covenant not <br /> to sue, covenant not to enforce judgment, or similar agreement was unreasonable, shall not affect <br /> the validity of the agreement between the released (in this respect the Chubb Insurers) and <br /> releasing persons (in this respect City), nor shall any adjustment be made in the amount paid <br /> between the Parties to this Settlement Agreement. <br /> 3.8 No Waiver of Reinsurance Rights. The releases and waivers set forth in this <br /> Settlement Agreement shall not apply to or have any effect on the Chubb Companies' right to <br /> any claim for reinsurance. <br /> 4 <br />