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<br />SETTLEMENT AGREEMENT AND RELEASE
<br />This Settlement Agreement and Release (“Settlement Agreement”) is effective as of
<br />date of last signature below (“Effective Date”) by and between The City of Everett, Washington
<br />(“City”) and Safety National Casualty Corporation, formerly named Safety Mutual Casualty
<br />Corporation (“Safety”), hereinafter collectively referred to as the “Parties.”
<br />I. DEFINITIONS
<br />1.1 The “Safety Policies” includes all known and unknown insurance policies issued
<br />by or on behalf of Safety that provide coverage to the City, including, but not limited to, the
<br />policies listed on Exhibit A hereto.
<br />1.2 The “Safety Companies” shall mean Safety National Casualty Corporation,
<br />formerly named Safety Mutual Casualty Corporation, and all its affiliated or related insurance
<br />companies.
<br />1.3 The “Safety Insurers” shall mean Safety Companies and any other entity that was
<br />in the past or is now affiliated with, related to or associated with the Safety Companies, and shall
<br />also include, without limitation, their current and former parents, subsidiaries, divisions, affiliates,
<br />successors, assigns, directors, officers, agents, employees, and claims administrators.
<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,
<br />reimbursement, indemnity, equitable indemnity, subrogation, equitable subrogation, “other
<br />insurance rights,” claims predicated on tort, bad faith or extra-contractual liability, or pursuant to
<br />any other theory of law or in equity from any source.
<br />1.5 “Environmental Claim(s)” shall mean any and all Claims asserted by or against
<br />City, whether based upon City’s alleged acts or omissions or status as a generator, user, disposer,
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