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Safety National Casualty Corporation 4/25/2020
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Safety National Casualty Corporation 4/25/2020
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Last modified
3/10/2021 12:04:49 PM
Creation date
3/10/2021 12:04:06 PM
Metadata
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Contracts
Contractor's Name
Safety National Casualty Corporation
Approval Date
4/25/2020
Council Approval Date
4/15/2020
Department
Legal
Department Project Manager
Tim Benedict
Subject / Project Title
Settlement and Site Release GTS Parcel
Tracking Number
0002818
Total Compensation
$0.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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return or reimburse any collected judgment or other monies paid by such other Person to the <br /> same extent that Safety National Releasees would otherwise have to pay such other Person with <br /> respect to City of Everett Released Claims, or will otherwise engage in any conduct that is <br /> authorized by Everett City Counsel and reasonably geared to ensure that Safety National will not <br /> be obligated to pay any contribution, subrogation or indemnification to such other Person with <br /> respect to City of Everett Released Claims. Nothing in this Section VI precludes any Party from <br /> asserting a Claim to enforce this Agreement. <br /> VII. CLAIM BAR <br /> Within sixty (60)business days of any request by Safety National that it do so,the City of <br /> Everett shall file with a court of competent jurisdiction a Complaint for Declaratory Relief, <br /> accompanied by a Motion for entry of a claims or contribution bar order seeking a ruling that, as <br /> a result of this Agreement and/or the settlement referenced therein, Safety National is entitled to <br /> a bar with respect to any potential claims by other insurance companies relating to the VCP <br /> Claim and/or with respect to any Claims relating to Environmental Contamination at or <br /> emanating from, migrating from, transported, moved or in any way released from the GTS Site. <br /> The City's costs incurred shall be paid by Safety National, provided that Safety National will <br /> receive advance notice of the identity and hourly rates charged by any attorneys proposed to <br /> assist in the City of Everett's compliance with this provision. <br /> VIII. GENERAL REPRESENTATIONS AND WARRANTIES <br /> A. Each Party represents and warrants that the individual executing this Agreement <br /> for that Party is fully authorized to do so. <br /> B. To the extent applicable, each Party represents and warrants that it has taken all <br /> necessary corporate and/or internal legal actions to duly approve the making and performance of <br /> Settlement Agreement and Site Release <br /> Page—10 <br /> 2625918/1470.0003 <br />
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