Century Indemnity Company 10/5/2025

of the GTS Site in the Voluntary Cleanup Program of the Washington Department of Ecology ("Ecology") with respect to alleged pollution at the GTS Site; and by letter dated June 10, 2010, Ecology issued a letter to the City of Everett acknowledging its VCP Claim submissions and containing Ecology's opinions regarding the completion of proposed cleanup under authority of the Model Toxics Control Act (collectively referenced below as the "VCP Claim"); WHEREAS, the Insurers issued or are alleged to have issued certain insurance policies wherein the City of Everett is a named insured, including but not limited to, the policies identified on Exhibit B; WHEREAS, on or about October 8, 2022, the City of Everett tendered the VCP Claim and the alleged site contamination at the GTS Site to the Insurers (as hereinafter defined) for indemnity, including pre -tender costs, under one or more of the Policies (as hereinafter defined); WHEREAS, a dispute exists between the City of Everett and the Insurers concerning whether the Insurers are obligated, in whole or in part, to defend or indemnify the City of Everett in connection with the VCP Claim, to pay any costs relating to, arising out of and/or in connection with Environmental Contamination at, around, or emanating from the GTS Site or otherwise, and whether the Insurers have any obligation to the City of Everett under the certain alleged insurance policies; WHEREAS, the Parties (as hereinafter defined) believe it is in their best interests to fully and finally resolve all disputes and any and all past, present and future disputes, without further litigation, relating to, arising out of and/or in connection with the GTS Site, the VCP Claim, and any and all alleged obligations of the Policies with respect to Claims concerning the GTS Site and the VCP Claim; WHEREAS, the Parties acknowledge their belief that confidentiality is not feasible for a