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Draft outline for asbestos project monitoring contract, May 2002

Machine-extracted title · confidence 85%

Draft document outlining enforcement requirements and responsibilities for the World Trade Center debris removal and environmental cleanup.

NYC-WTC_000144568–000144587

Folder label: “SCHOOLS

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NYC 9/11 Public Portal Document

SM

ace Westchester specialty group

a. Request, demand or order that any “Insured” or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or

b. “Claim” or Suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effect of pollutants.

Pollutants mean any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed.

Absolute Asbestos Exclusion

1. This policy does not apply to “Bodily Injury”, “Property Damage”, “Personal Injury”, or “Advertising Injury”, “Abatement Costs”, in any way or to any extent arising out of or involving asbestos, asbestos fibers, or any product containing asbestos or asbestos fibers.

2. This policy does not apply to “Economic Loss”, “diminution of Property”, Abatement Costs”, or any other loss, cost, or expense including “Equitable Relief’, in any way or to any extent arising out of or involving asbestos, asbestos fibers, or any product containing asbestos or asbestos fibers.

3. This policy provides no coverage for any fees, costs, or expenses of any nature whatsoever in the investigation or defense of any “Claim” or “Suit” arising out of or involving asbestos, asbestos fibers, or any product containing asbestos or asbestos fibers.

For the purpose of this exclusion only, the following additional terms are defined:

“Abatement Costs” means any actual or potential damages, costs, fees, or expenses, including the costs of inspection, removal, or replacement.

“Diminution of Property” means the diminishing or lessening in value of property.

“Economic Loss” means any actual or potential damages, costs, fees, expenses, or lost profits arising out of or involving the manufacture or utilization of a good or product.

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NYC-WTC_000144580

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NYC-WTC_000144580Source: NYC Law Department, mirrored locally

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