Resolution of the City of Jersey City, N.J.

(b) any alleged bad faith or other misconduct, or alleged wrongdoing of anykind by Travelers under the Policies or under, the statutory or commonlaw, based upon' any act or omission of Travelers in the handling ordisposition of any request for insurance coverage that has been tendered toTravelers by the City (or any other Person by or on their behalf), whetheror not such Claim was or could have been asserted by the City andwhether sounding in breach of contract, breach of any duty of good faithand fair dealing, breach of statutory duties, actual or constructive fraud,actual or constructive breach of fiduciary duty or any other theory relatingto any alleged misconduct or wrongdoing of any kind by Travelers inconnection with the handling and disposition of the City's Claims forinsurance coverage; and(c) any liability arising out of any allegedly negligent or otherwise improperengineering and/or loss control services provided, or allegedly notprovided, by Travelers to the City.The foregoing shall collectively be referred to herein as the "Released Claims."4.02 Travelers hereby irrevocably, unconditionally, completely, fully andforever releases, remises, holds harless and discharges the City from any and all Claimsfor payment of deductibles, self-insured retentions or retrospective premiums under thePolicies.5. Exhaustion of Policies5.01 Upon the Effective Date of this Agreement, and in consideration of thepromises contained in this Agreement, any and all purported rights, duties,Page 8 of20