Safety National Casualty Corporation 4/25/2020

this Agreement and no further corporate or other internal approval is necessary. C. To the extent applicable, each Party represents and warrants that the making and performance of this Agreement will not violate any provision of law or of that Party's respective articles of incorporation, charter or by-laws. D. Each Party represents and warrants that this Agreement has been negotiated in good faith and is the product of arms' length negotiations and informed negotiations between the Parties (including their representatives and counsel) and involves compromises of previously- stated legal positions. E. The City of Everett represents and warrants that it will not tender any further Claims under the Policies regarding Environmental Contamination at or emanating from the GTS Site. IX. THE CITY OF EVERETT'S REPRESENTATIONS AND WARRANTIES RE: USE OF SETTLEMENT PAYMENTS AND MEDICARE The City of Everett represents and warrants that it is not aware of any past or present Claims for bodily injury arising out of or relating to the GTS Site. The City of Everett further represents and warrants that it is not using and will not use any portion of Safety National's payment received under Section III of this Agreement to pay any past, present or future Claims for bodily injury that could potentially trigger any obligations as required by 42 USC §1395y(b) and the rules and regulations promulgated thereunder (including, without limitation, 42 CFR §§411 et seq.) (collectively, the "Medicare Secondary Payor Statutes"). The City of Everett acknowledges and agrees that, if and to the extent that the foregoing representations and warranties are breached at any time, such breach irrebuttably will be deemed to be a material breach of this Agreement. If the Safety National Releasees, or any one of them, seek remedies under this Agreement for such a material breach of this Agreement or arising out of the City of Settlement Agreement and Site Release Page—11 2625918/1470.0003