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Century Indemnity Company 10/5/2025
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Century Indemnity Company 10/5/2025
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Last modified
10/8/2025 1:43:31 PM
Creation date
10/8/2025 1:41:34 PM
Metadata
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Template:
Contracts
Contractor's Name
Century Indemnity Company
Approval Date
10/5/2025
Council Approval Date
10/1/2025
End Date
10/5/2025
Department
Legal
Department Project Manager
Tim Benedict
Subject / Project Title
SETTLEMENT AGREEMENT AND SITE RELEASE
Tracking Number
0004977
Total Compensation
$1,311,609.00
Contract Type
Agreement
Contract Subtype
Settlement Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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the City of Everett makes a Claim or obtains a judgment against any Person or settles any Claim <br />with any Person with respect to City of Everett Released Claims, and in the further event that such <br />other Person asserts any Claim against any of the Insurers Releasees for contribution, subrogation <br />or indemnification relating to such Claims, the City of Everett will offer to voluntarily reduce its <br />settlement, judgment or Claim against such other Person, or will return or reimburse any <br />collected judgment or other monies paid by such other Person to the same extent that the Insurers' <br />Releasees would otherwise have to pay such other Person with respect to City of Everett Released <br />Claims, or will otherwise engage in any conduct that is authorized by Everett City Counsel and <br />reasonably geared to ensure that the Insurers' Releasees will not be obligated to pay any <br />contribution, subrogation or indemnification to such other Person with respect to City of Everett <br />Released Claims. Nothing in this Section VI precludes any Party from asserting a Claim to enforce <br />this Agreement. <br />VII. CLAIM BAR <br />Within sixty (60) business days of any request by the Insurers' Releasees that it do so, the <br />City of 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, Insurers are entitled to a bar <br />with respect to any potential claims by other insurance companies relating to the VCP Claim <br />and/or with respect to any Claims relating to Environmental Contamination at or emanating from, <br />migrating from, transported, moved or in any way released from the GTS Site. The City's costs <br />incurred shall be paid by the Insurers, provided that the Insurers will receive advance notice of the <br />identity and hourly rates charged by any attorneys proposed to assist in the City of Everett's <br />compliance with this provision. <br />
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