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

with the City and exercise good faith in the defense of such Claims; and (iii) to cooperateto the full extent possible.8. Travelers Release of Contribution/Indemnification and Subrogation8.01 Travelers agrees that it wil not seek indemnification, contribution,subrogation or similar relief for amounts Travelers Indemnity and Gulf are obligated topay in connection with this Agreement from any insurer of the City under policies thatother insurers issued to the City; provided, however, that Travelers shall be free to assertall claims and defenses, including those for indemnification, contribution, subrogation orother relief, against any other insurer that has not agreed in writing to forego all suchclaims against Travelers. Nothing in this Agreement shall release or affectany right thatTravelers had, has or may in the future have with respect to reinsurers, reinsuranceintermediaries and/or retrocessionaires, including its right to make a claim for reinsurancefor the Settlement Amount or any part thereof.9. Confidentiality and Non-Use As Evidence9.01 This Agreement, including all of its terms, and all communications orexchanges of information between the Parties or their representatives that took placeduring the negotiations relating to the Agreement, shall be maintained as confidential andproprietary. Except as permitted by paragraph 9.02 below, the Parties agree not todisclose a copy of this Agreement or its terms, or any correspondence or otherinformation exchanged or otherwise produced during negotiations that has not otherwisebeen disclosed as of the Effective Date. Each Party further agrees to make reasonableefforts to resist and contest any attempt to compel production of this Agreement ordisclosure of its terms.Page 11 of20