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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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Scanned page image, NYC-WTC_000144581
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NYC 9/11 Public Portal Document

Ism

ace Westchester specialty group

“Equitable Relief’ means any remedy or relief, including restitution or injunctive relief, sought in a court with equitable powers.

First, the WSLIC and Illinois Union policies exclude coverage for injuries arising out of exposure to pollutants. If it is eventually determined that the alleged toxic substance was a “pollutant”, the WSLIC and Illinois Union policies do not provide coverage.

In addition, the policies do not provide coverage for exposure to asbestos. Thus, if it is eventually determined that the alleged toxic substance was asbestos, the WSLIC and Illinois Union policies do not provide coverage.

Finally, due to the limited information provided, Illinois Union and WSLIC reserve their rights to deny coverage to the Port Authority and any other entity that might tender a request for coverage based on information not yet available.

Summary:

In sum, Illinois Union, Westchester Fire and Westchester Surplus deny coverage to the Port Authority and Silverstein for the Ford and Arcese suit under the umbrella policies noted above. Should you have any information that you wish us to consider in connection with this denial, kindly forward same to the undersigned.

Please be advised that neither the issuance of this letter nor any conduct or contact should be construed as a waiver of any coverage defenses discussed above, or of any other coverage defenses the companies have and of which they are unaware. Thus, Illinois Union, Westchester Fire and WSLIC continue to reserve any and all rights that they may have under or pursuant to the policies not mentioned above.

Very truly yours,

Elijah D. Guest

Page 8/9

NYC-WTC_000144581

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NYC-WTC_000144581Source: NYC Law Department, mirrored locally

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