SILTRONIC CORPORATION v. EMPLOYERS INSURANCE COMPANY OF WAUSAU Et Al Complaint

Case 3:11-cv-01493-ST
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Christopher L. Reive, OSB # 833058 E-mail: chris.reive@jordanramis.com

Harlan E. Jones, OSB # 850549
FiLEaD9DEClii4.15usK-.3FP
E-mail: harlan.jones@jordanramis.com
Aaron Brian, OSB # 981849
E-mail: aaron.bryon@jordanramis.com
JORDAN RAMIS PC
Attorneys at Law
Two Centerpointe Dr 6th Fir

Lake Oswego OR 97035 Telephone: (503) 598-7070 Facsimile: (503) 598-7373 Attorneys for Defendant Siltronic Corporation
UNITED STATES DISTRICT COURT DISTRICT OF OREGON
SILTRONIC CORPORATION, a Delaware corporation,

Plaintiff,
/2ft1W493
COMPLAINT
sOJ
ST
Declaratory Judgment and Breach

v.
of Contract
EMPLOYERS INSURANCE COMPANY OF
WAUSAU, a Wisconsin corporation; GRANITE STATE INSURANCE COMPANY, a Pennsylvania corporation; CENTURY INDEMNITY COMPANY, a Pennsylvania corporation; and
FIREMAN'S FUND INSURANCE COMPANY, a
JURY TRIAL DEMANDED
California corporation,
Defendants.
Plaintiff Siltronic Corporation, formerly known as Wacker Siltronic Corporation ("Siltronic"), asserts this complaintagainst defendants Employers Insurance Companyof Wausau("Wausau"), Granite State Insurance Company ("Granite State"), Century Indemnity
Company, as successor to CCI Insurance Company, as successor to Insurance Company of North

America ("CenturyIndemnity"), and Fireman's Fund Insurance Company ("Fireman's Fund")
(collectively, the "Insurers") and alleges as follows:
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THE PARTIES
1.
Siltronic is incorporated under the laws of the state of Delaware, with its principal place of business in Portland, Oregon. Siltronic is engaged in the manufacture of silicon wafers for the electronics industry at its facility located at 7200 NW Front Avenue in Portland, Oregon (the
"Property").
2.
Wausau is an insurance company incorporated under the laws of the state of Wisconsin,
with its principal place of business in Massachusetts. Wausau is engaged in the business of
selling insurance, including liability insurance, to companies and individuals. Wausau regularly transacts business in Oregon and Multnomah County, and that business is not isolated or sporadic. Nationwide Insurance Company ("Nationwide") is administering Siltronic's insurance
coverage claim against Wausau.
3.
Granite State is an insurance company incorporated under the laws of the state of Pennsylvania, with its principal place of business in New York. Granite State is engaged in the business of selling insurance, including liability insurance, to companies and individuals. Granite State regularly transacts business in Oregon and Multnomah County, and that business is not isolated or sporadic. The insurance coverage claim of Siltronic against Granite State is
currently being administered by Chartis Casualty Company ("Chartis").
4.
Century Indemnity is an insurance company incorporated under the laws of the state of
Pennsylvania, with its principal place of business in Pennsylvania. Century Indemnity is engaged in the business of selling insurance, including liability insurance, to companies and individuals. Century Indemnity regularly transacts business in Oregon and Multnomah County,
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and that business is not isolated or sporadic. With regard to Policy XBC 152145, issued to Siltronic by the Insurance Company of North America ("INA"), Century Indemnity is the
successor to CCI Insurance Company, which is the successor to INA.
5.
Fireman's Fund is an insurance company incorporated under the laws of the state of California, with its principal place of business in California. Fireman's Fund is engaged in the business of selling insurance, including liability insurance, to companies and individuals. Fireman's Fund regularly transacts business in Oregon and Multnomah County, and that business is not isolated or sporadic.
JURISDICTION AND VENUE
6.
This court has jurisdiction of this matter under 28 U.S.C. 1332 because the amount in
controversy exceeds the sum or value of $75,000, exclusive of the interest and costs, and because
the action is between citizens of different states.
7.
Venue is proper in this District under 28 U.S.C. 1391 because a substantial part of the
events or omissions giving rise to the claim occurred in this District.
GENERAL ALLEGATIONS The Insurance Policies
8.
Siltronic purchased liability insurance policies from the Insurers which provide, among
other things, liability insurance coverage for defense costs incurred in defending against claims
by third parties, including claims for property damage.
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The insurance policies issued to Siltronic by the defendants are as follow:

Policy Term
Insurer
Policy Number
Type and Amount of Coverage
8/17/78 -1/1/80
Wausau
2320 00 039640
General Liability-$1
million
11/1/78 -1/1/80
Granite State
6578-5751
Umbrella Liability-$4
million
1/1/80-81
Wausau
2321 00 039640
General Liability -$1

million
1/1/80-81
Granite State
6580-6886
million
1/1/80-81
Fireman's Fund
XLX 1217784
Blanket Excess-$10
million
1/1/81 - 82
Wausau
2322 00 039640
million
1/1/81-82
Granite State
6581-8028
million
1/1/81-82
Century Indemnity
XBC 152145
Blanket Excess - $10

million
1/1/82-83
Wausau
2323 00 039640
million
1/1/82 - 83
Granite State
6582-8987
million
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1/1/82-83
Fireman's Fund
XLX 1370824
Blanket Excess - $10

million
1/1/83-84
Wausau
2324 00 039640
General Liability - $1
million
1/1/83-84
Granite State
6583-0219
million
1/1/83-84
Fireman's Fund
XLX 1370811
Blanket Excess-$10
million
1/1/84-85
Wausau
2325 00 039640
million
1/1/84 - 85
Granite State
6584-1229
million
1/1/84 - 85
Fireman's Fund
XLX 1370769
Blanket Excess-$10
million
1/1/85 - 86
Wausau
2326 00 039640
million
Copies of excerpts of the policies described above are attached hereto and incorporated
herein as Exhibit A, as substitutes for the actual policies, which are too voluminous to attach to
this Complaint. Copies of such policies will be made available upon request.
10.
The policies described herein were issued and delivered to Siltronic at its address in
Oregon, and they contain endorsements that are particular to Oregon or are required by Oregon
law.
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The Wausau Policies

11.
The policies issued by Wausau to Siltronic promise to "pay on behalf of [Siltronic] all
sums which [Siltronic] shall become legally obligated to pay as damages because of... property
damage to which this insurance applies, caused by an occurrence ...."
12.
The policies issued by Wausau to Siltronic define "property damage" to include "physical
injuryto or destruction of tangible property which occurs during the policy period ...."
13.
The policies issued by Wausau to Siltronic define "occurrence" to mean "an accident,
including continuous or repeated exposure to conditions, which results in .. . property damage

neither expected nor intended from the standpoint of the insured."
14.
The policies issued by Wausau to Siltronic provide that Wausau "shall have the right and
duty to defend any suit against [Siltronic] seeking damages on account of... property damage, even if any of the allegations of the suit are groundless, false or fraudulent... but the company
shall not be obligated to pay any claim or judgment or to defend any suit after the applicable
limit of the company's liability has been exhausted by payment ofjudgments or settlements."
15.
The policies issued by Wausau to Siltronic provide an express exception to the pollution
exclusion for "sudden and accidental" releases of pollutants.
16.
The costs incurred in the defense of suits under the policies issued by Wausau to Siltronic
do not erode the general liability limits of the policies. Only the payment of settlements or judgments erodes the general liability limits of the policies. Wausau is obligated to defend
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Siltronic against any covered suit until "the applicable limit of the company's liability has been
exhausted by payments ofjudgments or settlements."
17.
Until Wausau's liability has been exhausted by indemnity payments, the policies issued
by Wausau to Siltronic provide coverage for covered defense costs, unlimited in amount.
Defense costs are not subject to a deductible or retention.
Granite State Policies
18.
Umbrella liability policy numbers 6581-8028 (1/1/81 to 1/1/82), 6582-8987 (1/1/82 to
1/1/83), 6583-0219 (1/1/83 to 1/1/84), and 6584-1229 (1/1/84 to 1/1/85) issued to Siltronic by Granite State each contain a Following Form Endorsement which provides, in pertinent part that: "Notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that where scheduled underlying insurance is written under terms and conditions providing greater protection or indemnity to the Assured than the terms and conditions of this policy, this
insurance shall pay on behalf of the Assured upon the same terms, conditions and limitations of
the applicable underlying insurance...."

DEQ and EPA Claims
19.
Siltronic acquired the Property in August 1978. The Property is located in northwest Portland, Oregon on the southwest shoreline of the Willamette River and covers approximately
85 acres. It is zoned "heavy industrial" and surrounded on three sides by industrial properties including properties owned by Northwest Natural Gas Company ("NW Natural"), SLLI/Bayer Crop Science, ESCO Corporation, and LSS/Arkema, all of which are presently conducting
environmental investigations of their respective properties. In or about December 2000, a 5 1/2mile section of the Lower Willamette River, a portion of which is immediately adjacent to the
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Property, was placed on the National Priorities List ("NPL"), also known as the Superfund List,
by the United States Environmental Protection Agency ("EPA"). The Superfund study area has
since been expanded to include ten (10) river miles. The Property is located adjacent to the
approximate center of that section of the river now known as the Portland Harbor Superfund Site.
20.
On October 4, 2000, DEQ issued a joint Order to Siltronic and its neighbor, NW Natural,
which by its terms requires them, jointly, to conduct a remedial investigation of the Property and
to implement source control measures, as deemed necessary by that investigation. That Order (DEQ Order No. ECVC-NWR-00-27, hereinafter referred to as the "2000 DEQ Order") declares
the following as "Findings of Fact": (a) subsurface petroleum or tar has been encountered on the Property; (b) groundwater samples collected at the Property were found to contain benzene, PAHs, cyanide, and lead at concentrations above federal drinking water maximum contaminant levels; (c) soil samples collected from geotechnical borings at the Property were found to be saturated with a black, oily viscous substance which tested positive for PAHs; and (d)
groundwater samples collected at the Property were found to contain benzene and total
petroleum hydrocarbons in excess of maximum contaminant levels. The 2000 DEQ Order
declared as "Conclusions of Law" that: (a) the contaminants described in the Findings of Fact
are "hazardous substances" under ORS 465.200(15); (b) the presence of such hazardous
substances in soils, groundwater, and sediments at or near the Property is the result of a "release"
into the environment under ORS 465.200(21); (c) the Property and adjacent contaminated
sediments are a "facility" under ORS 465.200(12); (d) Siltronic is a "person" under ORS 465.200(20); and (e) as a current or past owner or operator of a facility, Siltronic is strictly, jointly and severably liable under ORS 465.255 and, therefore, may be required by DEQ to
conduct a removal or remedial action necessary to protect public health, safety and the
environment pursuant to ORS 465.260(4).
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21.
On December 8, 2000, EPA issued to Siltronic a Notice of Potential Liability ("EPA
Notice") stating that it deemed Siltronic a potentially responsible party ("PRP") for sediment
contamination then alleged to exist in the NPL designated section of the Willamette River and
that Siltronic may be ordered to perform response actions deemed necessary by EPA and/or DEQ
to protect public health, welfare, or the environment. The EPA Notice also states that PRPs may be required to pay for damages to, destruction of, or loss of natural resources, including the costs
of assessing such damages.
22.
On February 5, 2004, DEQ issued its Order (DEQ No. VC-NWR-03-16, hereinafter referred to as the "2004 DEQ Order") requiring Siltronic alone to perform additional remedial
investigations and to conduct additional source control measures as dictated by that investigation. The 2004 DEQ Order specifically targeted for a remedial investigation the
discovery of releases of trichloroethene ("TCE") and its degradation byproducts at the Property
and requires Siltronic to identify and implement, if necessary, source control measures for
unpermitted discharges or releases of TCE and its associated hazardous substances to the
Willamette River.
23.
In September 2009, EPA, NW Natural, and Siltronic entered into an Administrative Settlement Agreement and Order on Consentfor Removal Action with Respect to the "GASCO Sediments Site" ("AOC") which is located within the Portland Harbor Superfund Site. The AOC requires that Siltronic and NW Natural perform a response action investigation and design activities and to pay such response costs as may be incurred by the United States and Tribal
Governments at or in connection with an area known as the GASCO Sediments Site within the
boundaries of the Portland Harbor Superfund Site, as more fully described in the Statement of
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Work ("SOW") attached thereto. On September 1, 2009, Siltronic and NW Natural entered into a Participation and Interim Cost Sharing Agreement in order to apportion between them, on an interim and non-binding basis, the costs of performing the work required under the AOC. This interim agreement provides that such mutual costs be paid in accord with the following formula:
(a) 92.5% by NW Natural; and (b) 7.5% by Siltronic.
24.
Under the threat of suit to seek recovery of related costs by EPA, DEQ, and other PRPs with respect to the Portland Harbor Superfund Site, Siltronic has been obliged to incur
significant attorneys' fees, outside consultant fees, and costs and expenses during the course of
its participation in a collective effort of many other PRPs to further the ongoing investigation of the Portland Harbor Superfund Site. The majority of the fees, costs and expenses incurred by
Siltronic in connection with the Property constitute "defense costs" covered by its insurance
policies.
25.
Pursuantto Oregon law, the demands made on Siltronic by EPA, DEQ, and other entities identified by those agencies as PRPs for the liabilities associated with the Portland Harbor Superfund Site constitute "suits" and "lawsuits" for property damage within the meaningof
Siltronic's insurance policies.
Siltronic's Notice to Insurers of Claims
26.
On June 23,2003, Siltronic gave notice of the claims against it by EPA and DEQ to
Wausau, its primary general liability insurance provider. A true and correct copy of this notice is
attached hereto and incorporated herein as Exhibit B. Nationwide responded on behalf of
Wausau to Siltronic's tender for insurance coverage on September 11, 2003, agreeing to
participate in the defense of Siltronic, subject to a reservation of rights to deny coverage. A true
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and correct copy of Nationwide's response on behalf of Wausau is attached hereto and
incorporated herein as Exhibit C.
27.
On June 25, 2003, Siltronic gave notice of the claims against it by EPA and DEQ to Granite State and Fireman's Fund, insurers which provide Siltronic's umbrella liability and
blanket excess liability coverage, respectively. A true and correct copy of this notice is attached
hereto and incorporated herein as Exhibit D. AIG Technical Services, Inc. responded on behalf of Granite State to Siltronic's tender for insurance coverage on January 30, 2004, stating that no
obligation to pay arises under the Granite State policies until the underlying liability insurance
coverage has been exhausted by virtue of settlements or judgments on claims, and asserting its reservation of rights to deny coverage. On Julyl6, 2003, Fireman's Fund responded to Siltronic's tender for insurance coverage denying coverage until such time as all applicable
underlying policies have been exhausted and asserting its reservation of rights to deny coverage.
28.
On June 22,2006, after discovery of a previously lost policy, Siltronic notified the
Insurance Company of North America ("INA") of EPA's and DEQ's claims againstit. A true and correct copy of this notice is attached hereto and incorporated herein as Exhibit E. Resolute Management, Inc. ("Resolute") responded on behalf of Century Indemnity, as successor to CCI Insurance Company, as successor to INA, to Siltronic's tender for insurance coverage on July 10,
2006 and on November 8, 2007, by providing Siltronic a copy of INA policy No. XBC 052145.
Resolute wrote that no obligationto pay under the policy arises until an amount equal to the
underlying coverage has been paid on behalf of the policyholder for any settlement, judgment or
claim, and asserting its reservation of rights to deny coverage.
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Duty to Defend and/or Indemnify

(Wausau and Granite State)
29.
Beginning in or about September 2003, Wausau, through its administrator Nationwide,
began paying Siltronic's costs incurred in response to the demands referenced above. During the course of its payments and without prior notice to or general agreement from Siltronic or any
other defendant herein, Nationwide segregated and accounted for such payments as being for 'defense' or paid in satisfaction of Wausau's obligation to 'indemnify.' This method of
accounting for payments made was asserted by Nationwide to be in accord with the terms of the
triggered Wausau primary insurance policies and with controlling Oregon statute.
30.
In or about February 2007, Wausau and Siltronic entered into an Agreement to Fund
Settlement of State Claims in order to fund Siltronic's share of a partial settlement of DEQ
claims for past remedial action costs incurred in connection with the Portland Harbor Superfund
Site. Wausauand Siltronic agreed that the amount of Siltronic's share of the settlement
($49,920) would be allocated and applied equally, pro rata, against the policylimits of eachof
the individual policies issuedby Wausau, and that the amount of coverage limits thereunder would be reduced therefore. A copy of the Agreement to Fund Settlement of State Claims is
attached hereto and incorporated herein as Exhibit F.
31.
In or about June 2008, Wausau and Siltronic entered into an Agreement to Fund Interim
Participation in Natural Resource InjuryAssessment in order to fund Siltronic's share of the interim payment to the National Resource Trustees under the Interim Funding and Participation
Agreement in the amount of $27,777.78. Wausau and Siltronic agreed that the amount of said
payment wouldbe allocated and applied equally, pro rata, againstthe policy limits of each of the
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individual policies issued by Wausau, and that the amount of coverage limits thereunder would
be reduced therefore. A copy of the Agreement to Fund Interim Participation in Natural
Resource Injury Assessment is attached hereto and incorporated herein as Exhibit G.
32.
In September 2009, Wausau's administrator, Nationwide, declared exhaustion of the
coverage limits of all Wausau primary liability insurance policies that it conceded had been triggered by Siltronic's tender and the facts referenced above. However, and in support of Wausau's claim of policy exhaustion, Nationwide declared that Wausau Policy No. 2320 00
039640, effective from 8/17/78 through 1/1/80 (the "1978-80 Policy"), is not yet triggered by
Siltronic's tender and the facts referenced above. As a result, Nationwide excluded from its
accounting of payments then made to datethe amount of primary coverage available under the
1978-80 Policy.
33.
Siltronic's umbrella liability insurance provider, Granite State through its administrator,
Chartis, has accepted Siltronic's tender for coverage, subject to Granite State's express
reservation of right to contest Wausau's exhaustion claim.
34.
Chartis has since informed Siltronic that Granite State now disagrees with Nationwide's
contention that the 1978 - 80 Policyhas not been triggered for coverage based on the facts
alleged above. Chartis further disagrees withNationwide's accounting of certain costs

Nationwide has paid and with Nationwide's declaration that all of the insurance coverage available under the Wausau primary policies has been 'exhausted.' As a result, Granite State has
rejected and refused to pay certain reasonable and necessary costs and expenses incurred by
Siltronic in response to demands of the EPA, DEQ and other Portland Harbor PRPs, for the
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reason that Granite State alleges such costs and expenses are covered and required to be paid by
Wausau. 35.
In response to the actions of Granite State described in Paragraph 34, above, Siltronic tendered to Wausau, through its administrator Nationwide, Siltronic's demand for payment of the reasonable and necessary costs Siltronic has incurred and which Granite State, through its administrator Chartis, has rejected for payment. Nationwide subsequently rejected Siltrionic's
tender and payment demand, as described herein.
36.
Wausau through its administrator, Nationwide, has breached its duty to defend and
indemnify Siltronic up to the limits of all of the Wausau primary policies listed in paragraph 9
above.
37.
In the alternative to Paragraph 36, above, Granite State through its administrator, Chartis,
has breached its duty to defend and indemnify Siltronic up to the limits of all of the Granite State
policies listed in paragraph 9 above.
38.
Because of the contract breaches alleged in the alternative in paragraphs 36 and 37,
above, at least the following insured, reasonable and necessary costs of Siltronic's performance and participation of certain actions and activities have not been paid by either Wausau or Granite
State to date:
A.
Siltronic's obligation to fund a portion of the cost of Phase II of that certain
cooperative Natural Resource Damage Assessment ("NRDA") in the amount of

$90,277.78, which amount was paid directly by Siltronic on or about July 1, 2011.
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B.
The cost of work invoiced by Siltronic's environmental consultant, Maul Foster &
Alongi ("MFA"), and disallowed by Wausau and Granite State for payment, now totaling $65,165.70. This amount increases monthly, and includes the cost of work invoiced by MFA disallowed for payment by the above carriers. Such amounts either have been or will be paid by Siltronic, with the final amount to be proved at trial.
C. The amount of NW Natural's invoice for 7.5% of its early removal action costs
totaling $219,116.53, together with Siltronic's share in the amount of $26,309.87 of

EPA's oversight charges with respect to the same. This amount is expected to increase,
with the final amount to be proved at trial.
D. Siltronic's direct costs in the amount of $450,000 incurred addressing legacy
contamination as necessitated in order to protect and preserve its legal rights and
interests, prior to tender of its claim to its carriers in 2003. These costs were included in
Siltronic's original tender and have never been denied or paid by Wausau.
E.
Siltronic's direct expenses of not less than $475,000 incurred as the result of its
participation in covered remediation activities after tender of its claims in 2003.

39.
As a result of the above-described breaches of the duty to defend by Wausau and Granite
State, Siltronic is entitled to recover the amounts that its insurers have failed to pay, together
with interest at the Oregon statutory rate of 9% per annum.
ORS 465.480 40.
ORS 465.480 applies to Siltronic's right to payment of defense costs by its insurers, as
well as Siltronic's other rights with respect to this action.
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41.
Siltronic has given notice of the claims alleged against Wausau and Granite State to its other insurers, as required under ORS 465.480(b).
FIRST CLAIM FOR RELIEF
(Declaratory Judgment - All Defendants)

42.
Siltronic incorporates paragraphs 1 through 41 above as if fully set forth herein.

43.
Wausau's conduct, and that of its agent Nationwide, described above is inconsistent with
the rights of Siltronic and the obligations of Wausau under the Wausau policies. Granite State's
conduct, and that of its agent Chartis, described above is inconsistentwith the rights of Siltronic
and the obligations of Granite Stateunder the Granite State policies. Accordingly, an actual and
justiciable controversy exists between the parties regarding Wausau's and Granite State's
defense and indemnification obligations under Oregon law.
44.
Pursuant to 28 U.S.C. 2201, Siltronic requests that the Court issue a declaratory
judgment declaring the rights and duties of Siltronic, Wausau, Granite State, Century Indemnity
and Fireman's Fund under their respective policies.
WHEREFORE, Siltronic demands judgment in its favor against its insurers:
A.
Declaring and adjudging the rights and obligations of the insurers and Siltronic
under the insurance policies;
B.
Requiring Wausau to pay on behalf of Siltronic or reimburse all defense costs
caused by the environmental claims describedherein, until such time as the limits
of the Wausau policies, including the 1978 - 80 Policy, have been exhausted by
the payment of settlements or judgments;
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C.
Requiring Granite State to pay on behalf of Siltronic or reimburse all defense

costs caused by the environmental claims described herein, after the Wausau policy limits have been exhausted by the payment of settlements or judgments, and until such time as the Granite State policies have been exhausted by the
payment of settlements and judgments; D. Enjoining Wausau and Granite State from failing and refusing to pay on behalf of Siltronic all defense costs caused by the environmental claims described herein;
E.
Declaring which of Wausau or Granite State is liable to Siltronic under the policies issued by them, respectively, to pay the full amount of Siltronic's reasonable and necessary costs incurred in response to the claims described in
paragraphs 19 through 25, above, including but not limited to the specific
amounts alleged to be owed in Paragraph 38 hereinabove;
F.
Declaring which of Wausau or Granite State is liable to Siltronic under the
policies issued by them, respectively, to pay the fair and reasonable rates of
lawyers, consultants, and others hired to defend Siltronic, as proven by Siltronic
at the trial of this matter or otherwise;
G.
Declaring which of Wausau or Granite State is liable to Siltronic under the policies issued by them, respectively, to promptly pay the reasonable and necessary future fees, costs, and expenses incurred by Siltronic and submitted to
them for payment through their respective agents;
H.
I.
Granting Siltronic specific performance of the Wausau and Granite State policies;
For costs of suits;
J.
For all counsel fees, expert fees and other costs relating to the litigation of this
matter; and
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K.
For such and other and further relief, including any appropriate equitable relief, as
the Court may deem just and proper.
45.
Siltronic is entitled to the recovery of its attorneys' fees and costs herein pursuant to
ORS 742.061. SECOND CLAIM FOR RELIEF
(Breach of Contract - Wausau and Granite State)

46.
Siltronic incorporates paragraphs 1 through 45 as if fully set forth herein.

47.
Siltronic has satisfied all covenants and conditions required of it under the insurance
policies if any.
48.
Wausau and Granite State accepted premiums from Siltronic and issued their respective policies promising, among other things, to defend any suit against Siltronic seeking damages on
account of property damage.
49.
Wausau and/or Granite State have failed to pay Siltronic's defense costs described in
Paragraph 38 hereinabove.
50.
Wausau's conduct and positions, and that of its agent Nationwide, as set forth above,
have no reasonable basis under the Wausau policies. Accordingly, they constitute anticipatory and actual breaches of contract by Wausau through its agent, Nationwide.
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COMPLAINT - Page 18
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Page ID#: 19
51.
Granite State's conduct and positions, and that of its agent Chartis, as set forth above,
have no reasonable basis under the Granite State policies. Accordingly, they constitute
anticipatory and actual breaches of contract by Granite State through its agent, Chartis.
52.
As a direct and proximate result of the breaches of contract by Wausau and Granite State, through their agents Nationwide and Chartis, Siltronic has been damaged in an amount in excess
of $1,325,869.80 according to proof at trial. These breaches of contract have caused, and will
continue to cause, damages to Siltronic, and they materially affect Siltronic's ability to defend
the claims against it with respect to the Property. Siltronic is entitled to recover all such damages plus prejudgment interest at the Oregon statutory of 9% per annum.
53.
Siltronic is entitled to recover its attorneys' fees and costs herein pursuant to
ORS 742.061.
54.
Siltronic's costs of defending against the environmental claims described above are within the coverage provided by the Wausau and Granite State policies.
55.
An accident or occurrence, or personal injury, or property damage or other triggering event has taken place at the Property during the Wausau and Granite State policy periods.
WHEREFORE, Siltronic demands judgment in its favor against its insurers:
A.
Awarding Siltronic money damages in an amount to be proved at trial or other

determination of not less than $1,325,869.80 according to proof at trial, plus
interest at the Oregon statutory rate of nine percent (9%);
B.
For costs of suit;
COMPLAINT - Page 19
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C.
For all counsel fees, expert fees and other costs relating to the litigation of this
matter; and
D.
For such other and further relief, including any appropriate equitable relief, as the
Court may deem just and proper.

DEMAND FOR JURY TRIAL 56.
Siltronic demands trial by jury. Dated this ' day of December, 2011.
JORDAN RAMIS PC
CHRISTOPHER L. OSB # 853058
Telephone: (503) 598-7070 Facsimile: (503) 598-7373 chris.reive@jordanramis.com Attorney(s) for Plaintiff Siltronic Corporation
COMPLAINT - Page 20
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DupliCate OngmaL
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MUTUALS.MEMBERSHIP AND VOTING NOTICE: The insured is notified that by virtue of this policy, he is a member of the Employers Mutual liability Insurance Company of WIsconsin, and is entitled 10 vote either in perSQn or by proxy at and all any meetings of said . Company. The annual Meetings are held its inhome office at Wausau, Wisconsin, on the fourth Friday of May, in each year, at 9:00 o'clock A. M..
Employers Mutual Liability Insurance Company of wisconsin

HOME OFFICE: WAUSAU, WISCONSIN
(A mutual
insurance
company,
herein
called the company)
In consideration of the payment of the premium, in reliance upon the statements in the declarations subject to all of the terms of this policy, agrees with the named insured as follows:
made
a part
hereof
and
COVERAGES The insurance afforded by this policy is only with respect to such Coverages as are indicated charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts part of this policy. SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability: (b) (a) all expenses incurred by the company, all costs taxed against the Insured in any suit defended by the company and all interest on the entire amount any judgment of therein which accrues after entry of the judgment and before .the company has paid or tendered or ~eposited in court that part of the judgment which does the limit of the company's liability thereon; not exceed by specific premium charge or attached to and hereby made a .
premiums on appeal bonds re<luired in any such suit, pre. miums on bonds to release attachments in any such suit for an amount not in excess of the a~licable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law viola lion
10.77
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Exhibit A Page 1 of 272
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policy applies; arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the com. (d) reasonable expenses incurred by the insured at the com. pany shall havB no obligation to apply for or furnish any pany's request in assisting the company in the investigasuch bonds; tion or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. (c) expenSBS incurred by the insured for first aid to others at the time of an accident, for bodily Injury to which this DEFINITIONS When used in this policy (including endorsements forming (b) the existence of tools, uninstalled e-quipmentor abandoned or unused materials, or a part hereol): '1 (c) operations for which the classification stated in the policy "automobile" means a land motor vehicle, trailer or semior in the company's manual specifies "including completed trailer designed for trml on public roads (including any operations"; machinery or apparatus attached thereto), but does not include mobile equipment; "elevator" means any hoisting or lowering device to connect "bodily injury" means bodily injury, sickness or disease floors or landings, whether or not in service, and all appliances sustained by any person which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include period, including death at any time resulting therefrom; an automobile servicing hoist, or a hoist without a platform "collapse hazard" includes "structural property damage" outside a building if without mechanical power or if not as defined herein and property damage to any other property attached to building walls, or a hod or material hoist used in at any time resulting therefrom. "Structural properly dam- alteration, construction or demolition operations, or an inclined age" meansthe collapse of or structural injury to any building conveyor used exclusively for carrying property or a dumbor structure due to (1) grading of land, excavating, borrowing, waiter used exclusively for carrying property and having a filling, back-filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four feet; caisson work or (2) moving, shoring, underpinning, raising or "explosion hazard" Includes property dama~e arising out of demolition of any building or structure or removal or rebuild. ing of any structural support thereof. The collapse hazarddoes blasting or explosion, The explosiDn hazard croes not include not include property damage (1) arising out of operations property damage(1) arising out of the explosion of air or steam performed for the named Insured by independent contractors, vessels, piping under pressure, prime movers, machinery or or (2) included within the completed operations hazard or the power transmitting equipment, or (2) arising out of operations undergroundproperty damagehazard, or (3) for which liability performed for the named Insured by independent _contractors, or (3} included within the completed operations hazard or the is assumedby the insured under an incidental contract; underground property damage hazard, or (4) for which liability "completed operations hazard" includes bodily Injury and is assumed by the insured under an Incidental contract; property damage arising out of operations or reliance upon a representation or warranty made at any time with respect "incidental contract" means any written (1) [ease01 pre. thereto, but onry if the bodily Injury elr property damageoccurs mises, (2) easement agreement, e)(cept in connection with after such operations have been completed or abandonedand construction or demolition operations on or adjacent to a occurs away from premises owned by or rented to the named railroad, (3) undertaking to indemnify a municipality required insured. "Operations" include materials, parts or equipment by municipal ordinance, except in connection with work for furnished in connection therewith. Operations shall be deemed the municipalily, (4) sidetrack agreement, or (5) elevator completed at the earliest of the following times: maintenance agreement; (1) when all operations to be performed by or on behalf of the "Insured" means any person or organization qualifying as named insured under the contract have been completed, an insured in the "Persons Insured" provision of the applicable (2) when all operations to be performed by or on behalf of the insurance coverage. The insurance afforded applies separately named insured at the site of the operations have been to each Insured against whom claim is madeOf suit is brought, except with respect to the limits of the company's completed, or (31 when the portion of the work out of which the injury or liability; damage arises has been put to its intended use by any "mobile equipment" means a land "ehicl e (including any person or organization other than another contractor or machinery or apparatus attached thereto), whether or not subcontractor engaged in performing operations for a prin. self.propelled, (I) not subject to rootor vehicle registration, or cipal as a part of the same project. (2) maintained for use exclusively on premises owned by or Operationswhich may require further service or maintenance rented to the named insured, including the ways immediately work, or correction, repair or replacement because of any adjoining, Of (3) designed for use principally off public roads, defect or deficiency, but which are otherwise complete, shall or (4} designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an be deemed completed. integral part of or permanently attached to such vehicle: The completed operations hazard does not include bodily power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix.in-transit type); graders, scrapers, Injury or property damage arising out of construction or repair (a) operations in connection with the transportation of proper. rollers and other road and generators, including equipment; air.compressors, pumps spraying, ty, unless the bodily injury or property damage aris~s out welding and building cleaning equipment; and geophysical of a condition in or on a vehicle created by the loading or exploration and well servicing equipment; unloading thereof,
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"products hazard" includes bodily injury and property dam. "named Insured" means the person or organization named age arising out of the named insured's products or reliance in Item 1. of the declarations of this policy; upon a representation or warranty made at any time with "named insured's products" means goods or products manrespect thereto, but only if the bodily injury or property dam. ufactured, sold, handled or distributed by the named insured age occurs away from premises owned by or rented to the or by others trading under his name, including any container named insured and after physical possession of such products thereof (other than a vehicle), but "named insured's products" has been relinquished to others; shall not include a vending machine or any property other than such container, rented to or located for use of others "property damage" means (1) physical injury to or deslruction of tangible property which occurs during the policy period, but not sold; including the loss of use thereof at any time resulting there. "occurrence" means an accident, including continuous or from, or (2) loss of use of tangible property which has not been repeated exposure to conditions, which results in bodily injury physically injured or destroyed provided such loss of use is or property damage neither expected nor intended from the caused by' an occurrence during the policy period; standpoint of the insured; "underground property damage hazard" includes under. ground property damage as defined herein and property dam"policy territory" means: age to any other property at any time resulting therefrom. (1) the United States of America, its territories or possessions, "Underground property damage" means property damage to or Canada, or wires, conduits, pipes, mains, sewers, tanks, tunnels, any (2) international waters or air space, provided the bodily injury similar property. and any apparatus in connection therewith, or property damage does not occur in the course of travel beneath the surlace of the ground or water, caused by and or transportation to or from any other country, state or occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, nation, or filling, back.fiIling or pile driving. The underground property (3) anywhere in the world with fespect to damages becauseof damage hazard does not include property damage (1) arising bodily injury or property damage arising out of a product out of operations performed for the named insured by inde. which was sold for use or consumption within the territory pendent contractors, or (2) included within the completed operdescribed in paragraph (1) above, provided the original suit ations hazard, or (3) for which liability is assummed by the insured under an Incidental contract. for such damages is brought within such territory; CONDITIONS 1. Premium All premiums for this policy shall be computed in as proof of financial responsibility for the future under the accordancewith the company's rules, rates, rating plans, pre. provisions of any motor vehicle financial responsibility law, miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the afforded herein. Premium designated in this policy as "advance premium" provisions of such law to the extent of the coverage and . is a deposit premium only which shalf be credited to the limits of liability required by such law. The insured agrees to reimburse the company for any payment made by the com. amount of the earned premium due at the end of the policy pany which it would not have been obllgated to make under period. At the close of each period (or part thereof terminating the terms of this policy except for the agreement contained with the end of the policy period) designated in the declara. tions as the audit period the earned premium shall be com. in this paragraph. puted for such period and, upon notice thereof to the 4. insured's Duties in the Event of Occurrence, Claim or Suit named insured, shall become due and payable. If the total earnedpremium for the policy period is less than the premium (a) In the event of an occurrence, written notice containing previously paid, the companyshall return to the namedinsured particulars sufficient to identify the Insured and also the unearned portion paid by the named insured. reasonablyobtainable information with respect to the time, place and circumstances thereof, and the names and The named Insured shall maintain records of such informa' addresses of the injured and of available witnesses, shall tion as is necessary for premium computation, and shall send be given by or for the Insured to the company or any of copies of such records to the company at the end of the its authorized agents as soon as practicable. policy period and at such tfmes during the policy period as (b) If claim is made or suit is brought against the insured, the company may direct. the insured shall immediately forward to the companyevery 2. Inspection and Audit The company shall be permitted but demand, notice, summons or other process received by not obligated to inspect the named Insured's property and him or his representative. operations at any time. Neither the company's right to make (c} The insured shall cooperate with the company and, upon inspections nor the making thereof nor any report thereon the company's request, assist in making settlements, in shall constitute an undertaking, on behalf of or for the benefit the conduct of sltits and in enforcing any right of contriof the named insured or others, to determine or warrant that bution or indemnity against any person or organization such property or operations are safe or healthful, or are in who may be liable to the Insured because of injury or compliance with any law, rule or regulation. damagewlth respect to which insurance is afforded under The company may examine and audit the named insured's this policy; and the Insured shall attend hearings and trials books and records at any time during the policy period and and assist in securing and giving evidence and obtaining extensions thereof and within three years after the final ter. the attendance of witnesses. The Insured shall not, except mination of this policy, as far as they relate to the subject at his own cost, voluntarily make any payment, assume matter of this insurance. any obligation or incur any expense other than for first aid to others at the time of accident. 3. Financial Responsibility laws When this policy is certified
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5. Action Against Company No action shall lie against the 8. ChanEes Notice to any agent or knowledge possessed by company unless, as a condition precedent thereto, there shall any agent or by any other person shall not effect a waiver or have been full compliance with all of the terms of this policy, a change in any part of this policy or estop the company from nor until the amount of the insured's obligation to pay shall asserting any right under the terms of this policy; nor shall have been finally determined either by judgment against the the terms of this policy be waived or changed, except by insured after actual trial or by written agreement of the endorsement issued to form a part of ,this policy. insured, the cia imant and the company. 9. Assignment Assignment of interest under this policy shall Any person or organization or the legal representative there. not bind the company until its consent is endorsed hereon; if, of who has secured such judgment or written agreement shall however, the named insured shall die, such insuralTce as is thereafter be entitled to recover under this policy to the extent afforded by this policy shall apply (1) to the named insured's of the insurance afforded by this policy. No person or organ. legal representative, as the named insured, but only while ization shall have any right under this policy to join the cam. acting within the scope of his duties as such, and (2) with pany as a party to any action against the insured to determine respect to the property of the named Insured, to the person the Insured's liability, nor shall the C'Ompanybe impleaded having proper temporary custody thereof, as insured, but only by the insured or his legal representative. Bankruptcy or in. until the appointment and qualification of the legal represensolvency of the insured or of the insured's estate shall not tative. relieve the company of any of its obligations hereunder. 1D. Three Year Policy It this policy is issued for a period of. 6. Other Insurance The insurance afforded by this policy is three years any limit of the company's liability stated in this primary insurance, except when stated to apply in excess of polciy as "aggregate" shall apply separately to each consecu. or contingent upon the absence of other insurance. When this tive annual period thereof. insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or cantin. 11. Cancelation This policy may be canceled by the named gent basis, the amount of the company's liability under this insured by mailing to the company written notice stating when policy shall not be reduced by the existence of such other thereafter the cancelation shall be effective. This policy may be canceled by the company by mailing to the named fnsured insurance. at the address shown in this policy, written notice stating When both this insurance and other insurance apply to the when nat less than ten days thereafter such cancelation shall loss on the same basis, whether primary, excess or contingent, be effective. The mailing of notice as aforesaid shall be the company shall not be liable under this policy for a greater sufficient proof of notice. The effective date and hour of proportion of the loss than that stated in the applicable can. cancelation stated in the notice shall become the end of the tribution provision below: policy period. Delivery of such written notice either by the (a) Contribution by Equal Shares. If all of such other valid and named insured or by the company shall be equivalent to collectible insurance provides for contribution by equal mailing. shares, the company shall not be liable for a greater pro. If the named Insured cancels, earned premium shall be portion of such loss than would be payable if each insurer computed in accordance with the customary short rate table contributes an equal share until the share of each insurer and procedure. If the company cancers, earned premium shall equals the lowest applicable limit of liability under any be computed pro rata. Premium adjustment may be made one policy or the full amount of the loss is paid, and with either at the time cancelation is effected or as $(IOn as respect to any amount of loss not so paid the remaining practicable after cancelation becomes effective, but payment insurers then continue to contribute equal shares of the or tender of unearned premium is not a condition of cancela. remaining amount of the loss untn each such insurer has tion. paid its limit in full or the. full amount of the loss is paid. 12. Declarations By acceptance of this policy, the named (b) Contributilln by Limits. If any of such other insurance does insured agrees that the statements in the declarations are not provide for contribution by equal shares, the company his agreements and representations, that this policy is issued' shall not be liable f(lr a' greater proportion of such loss in reliance upon the truth of such representations and that this than the applicable limit of liability under this policy for policy embodies all agreements existing between himself and such loss bears to the total applicable limit of liability of the company or any of its agents relating to this insurance. all valid and collectible insurance against such loss. 13. Mutual Policy Conditions. PARTICIPATION CLAUSEWITHOUT LIABILITY. No Contingent liability: This policy is 7. Subroiation In the event of any payment under this policy, CONTINGENT the company shall be subrogated to all the insured's rights nonassessable. The policyholder is a member of the company of recovery therefor against any person or organization and and shall participate, to the extent and upon the conditions the insured shall execute and deliver instruments and papers fixed and determined by the Board of Directors in accordance and do whatever else is necessary to secure such rights. The with the provisions of law, in the distribution of diYidends so insured shall do nothing after loss to prejudice such rights. fixed and determined. MUTUAL LIABILITY INSURANCECOMPANYOF WISCONSINhas caused this p(llicy to IN WITNESSWHEREOF,the EMPLOYERS be signed by its president and secretary at Wausau, Wisconsin, and countersigned on the declarations page by a dury authorized representative of the company.
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Presidenl
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NUCLEAR ENERGYliABILITY EXCLUSIONENDORSEMENT (Broad Form) This endorsement modifies the pro'lisions of tne policy relating to ALL AUTOMOBilE LIABILITY, GENERALLIABiliTY AHO MEO~ ICAl PAYMENTSINSURANCEOTHERTHAN FAMilY AUTOMOBILE, PECIALPACKAGE S AUTOMOBilE, COMPREHENSIVEERSONAL P AND FARMER'S COMPREHENSIVE ERSONAL INSURANCE. P . It is agreed that: I. The policy does not apply: A. Under any liability Coverage, to bodily injuryOf property damage (1) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would bean insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (h) the insured is, or had this policy not been issued would he, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to hodily Injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility byany person or organization. C. Under any Liability Coverage, to hodily injury or property damageresuJting from the hazardous properties of nuclear material, if . (I) the nuclear material (a) is at any nuclear facility owned or operated by or on behalf of, an insured or (bl has been by, discharged or dispersed therefromj (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on hehalf of an insured; or (3) the bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exe/usion (3) applies only to property dama(e to suet! nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosi'le properties; "nuclear material" means source material, special nuclear material or byproduct materialj "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any Jaw amendatory thereof; "spent fuel" means any fuel element or fuel component, sol id or liquid, which has heen used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility ine/uded within the defin ilion of nuclear facility under paragraph (al or (b) thereofj "nuclear facility" means {a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at .any. time the total amount of such material in the custody of the insured at the premises where such equipmerrt or deVice IS located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operat.ions; "nuclear reactor" means any apparatus designed or used to sustain nuclear fissiorl in a self.supporting chain reaction or to contain a critical mass of fissionable materialj "property damage" includes all forms of radioactive contamination of property. HEW YORKEXCEPTION:The "Nuclear Energy liability Exclusion Endorsement (Broad Form)" does not apply to Automobile lia. bility Insurance in New York. All other provisions and conditions remain unchanged. . Issued by the Company providing the insurance afforded by this policy as designated on the dedaratlons page made a part hereof.
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Inlured
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1'::I;I:~~u:,~I~;~< ;::~'m":J1 ~~P:~~ lMared under any con:net Of ..,_nt ncept .n Iadd..aI -tnd11tvt tI\b ~ ~~~ wlrnnl~ 01 ! ,Inc or qlUllly or Ihe aamed m-mt'. prodllCti or wlmnly lhal won performed by or on betIa:W oldie ""II be dune ':'I J workmanlike manner; . (hllo bodUy Il\)ury or toopert)' damqit ulsinl oul oC rhe ownenltlp, maintenance, operation, _, Ioadlna Of IIIIIoadIal of' . '-'\, II) any aUlomobic 01 .ircraft owned Of operaled by Dr len ted Of loaned 10 Iny Of . ;'.:; (2) any other aUlomobUe or alraarl operaled b) lilY pcnollin 11MCOIlfIlC ItiI e.mplo)'_t of by allJ ..,...; .. /:' <, bul Ih c,c1uuon does nol apply 10 the parkinl 0:' In "lIIObh on premites owned by: realed 10 01 controW by Ihe "'IY' ,mmedLOllelyadjolnina, if IUd! latolllOb" Is not owned by or rented or Ioallld lO.ny nlh ,::f:: :.l,'::'_, (,. til bodUv injury or Pl'09f!IY c1I.mqIarlsi,. out <lr (I) the ownenhlp. maintclllDCe, operation. lUI, klIl1InI or ~,cif~ ..".'.' rqulpmenl hlte ~In& ulCd 1ftIny preura or (Iqaa1zed nd.., Ipeed 01 demoliUo. coldttt or 1a.1II7 ~tJrw 1CthIIr . ' prepulllOn lllr any such contest or .,.iYity Of (2) the oDer'ltion or use or .ny ~t1t or traItr deIIped for _ ". " . (dllO bodBy InJury or property darn.qe uiIint out ofllld In IJMooure of the Innsportatlon of by III . . opnalell hy ,'r renled 01 IoallCd to any t-ed; . . ':.. ,,;'~'lq, .(el 10 bodUy Injury or ~y dama arlsilll out oC the OWDClrthlp, alntenuce. opentloe,_,1oacU,. m 01' ~ 0I!'.,.'F7. III any" Jwe h owned or operated by 01 rented or loaDed to III)' 01" .. -'.: . {~I ~ny I)I~ atcrcuff operaled by .ny penon in lbe 1:0_ of till employment by allY ~; .. ,~. \ bul th" ndu<lon does not apt''' to walacnft wb.Je ubOIe 011prem\.seI 0W1IId by, rated to OIOOIlClOW by . . . (I) 10 bodily Injury or pIOlM(ty d.ImqI uililll Ollt or the dilcltarp, dllpenal. rekue IX eacape of wpon,lCIOt. 10'1< ,h~mH:~I., liqulch or pIeS. Wilt. malalall III other Inttanll, colJ1lJftiBaat, 01 poIIatantl 11110 or IuId.. die Wiler 'ow,", or hody or .ler: but litis udUlion doea nol .pp1y if wd'I dilctlut!.o diqlenll, ,.... or IICIpt II (allo bodBy injury or property darnap dllCl 10 "'U, whether Of not d~Jand. aYi war, iftIurrection, rdlef1iotIlXrnoIotknIar.. . .:ondlli'" in<:ldenl 10 any of lhe fOlqoilll, with relpeC1 to .: . .' '"i'-' II lllab~'y Juumed by the In-.d under an lac:ldtstal COtdnl:I, or::.' ."~~: (2) nl"'''~< for fust aMi under Ihe Supplementary Paymentl proririon; . ',.~~i (h I 10 bod,.~' lJl,jury or ptOpty dunap ror .Itkb lhe 01 hla Indtmllitn may be htid liable . ..,;.'''~;7,'~'' ( 1111 :~,r<on or orpniulion ertplCd In the bu~ ol manllllCturilll. distrlbutln&. aelltftl or ~ alcoholic: bnenps.:or .'.0<"_, (11 if n';- :" .cl'llt~~. II an owner or Ift10r or prenllCl uaod ror ax:h purpoaa, '. _."\;:~~~, If lu,:h .J I.Hl1ly II Impowd '.:"':;~:;.~~rf (I) hy', (.r t-r'.lu,e or Ihe million or, .ny stalute. ordinance or resuJation ~ to the aJe.Iift, t1istr1btJtlolllX . ol~,e:'-.
r-.
hcv(n~~. qr
.. ,.' . :.~~ ,.,;"~~.....,_ ....
("I hy ,..,,In
Jho"e;
,~U,,",,II conUtbules 10 lhe intollll:ltion or .ny pqaon;
of lhe ICUina. ~inJ
or rJvint oC IllY .Icoholic bcotenp
10 minor 01 to a pInOII undar the InfJueuce
01 aIcaItaf~'.
..
,,-it
- . ';< ..
h,,1 pall (Iil "f Ihh e,clwion does not apply wilh rnpee1 to UabUlty DClhe irtIIInd Of bl:llndannitee III
III 1m
u u 0WDer IX Ie.-
nb:J<.1tlOn for which lhe tn.s:red or Iny allier II his inlurer may be held liable under .ny wodlllCSl', COIDICtKltiDe,. ,omp<:n<alll'" or diubillly bendih law, or under lny similar law; '. "I 10 bod!..'JIlury 10 .ny employCi: or the InIIIftd :1risInI out or and In lhe COIifICof hll emplD)'mClIl by tht or to ..,., Ihe IIIA:''') III Indemnify anolher beauae oC chnqc1 arisinl out of such Injury; but IhJs ucha:lon docs DOtapply to fiabIBtJ _ . the iMu ,' ,nd., In Incldencal contnd~ .' :.. It) In pt'O~~: '.l.lmsp lu '., .. c',".:-,'.J' I I) r""pct \, . ned 01 occupied by or renled 10 the buared. .,,1' ,:~}:' .. (1) ~IO["'f" u",d by lhe Inmred. or .; ',,:"fC.';: 11\ ~'"P<'t. In Ihe .::are. cU'lody or control or Iht J:aa.ed or .1 10 whil:h the . eIf is rOf .cry P\I!POIIC ua"daial pJI)'1kaI hut p~r' ~) Ind (J) of this exc!lwon do not .pv" wtth r"pccI 10 IIlbUlly llIlder I writteD sldttradt acr-.:t ud _ V, ndu\lo: r<, nol aPllly with respect 10 properly damap (olher Ih.an 10 eMnton) arlJinJ oul ol t1111l11of III at ,> ~. h,. r~nt"1 t" or ,-ontrolled by lhe aa.rned InJllltd:<i;$ .:... ; ~ ~~'( _:~ ";.:..":,~
=~:.
t:-,::;~
-
(\.l) 1.71
"'lcl2
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 8 of 272
Page ID#: 28
COMPREHENsrvE GENERALlIABI~JB@;Rt-B{}t@SERAGE
PART
(Conlinued)
(I) to property damage to premhe~ alienated by Ihe nunlX! insu~ arisin~ out of such premi~s or ;lnv part thereof; '. (m) to loss of use of tangible properly which hal nol been physically injured or demoyed re.lulling from (I) the de!ay in or I3ck of pe~form.n,ce by or on behalf of Ihe l12~d iruured of any conlract or agreement, or (2) the ~allure of the I12me~,lnsured S products 01 work performed by O! on b<'half of the named inswed 10 meet the level of performance quality, filnesl or durability warranted or rcpmentcd by the named Insured: ' bul this, exclusion does nO,t apply, to lo~ of use of other tangible property resulling from Ihe sudden and accidental physical injury to or destruction of the named ,"sured s pro~ucls or work perfor~ed by or on !>thalf of the named inswed after such productl or work have been pUI to use by any pcrson or organlutlon other than an Insured: (n) to property ~mage 10 the named insured's prodllCls arising out of ~llch prOducts or any part of such products; (0) to p~perty damage t~ work perf?rmed. by or on, behalf of,the Il2med Insured arising out of the worle or any portion thereof, or out of materlall, parts or equ'pment furmshed In connectIOn therewuh: (p) to damages claimed fo~ the withdrawal, inspeclion, repair . rcplac~menl, or loss of use of the named iruured's produel5 or work completed b~ or for the named U1swed or of any properl}' of whIch luch produ,ts or wor\: form a part, if such products, work or properly arc withdrawn from the market or from use bec.1use of any known 01 luspected defect or deficiency therein: (q) to properly cUmage included within; (I) (2)
"x'.
the
explosion
haurd huard
in conne~lion in conneccion damage
with oprralions wilh hazard operation<
identified idcntified wilh
in lhi~ policy in lhi., policy operations
by a clJ~li(jcation by a d.,,,irkation in thil polky
code code
number number
which which
includes includes code
rhe symbol Ihe symbol which
!.h~, 'collapse c ,
(3) the underground property includes the s>'mbol "u",
in cDnn<t:lion
identified
by a cbssification
number
It PERSONS INSURED
Each of rhe following is an insured under Ihis insurance to the exlent set forth below: (a) if the n.amed insured is designated in Ihe dedaralions as an individual, the person 50 de.signaled but only with respect to the conduct of a bU.<iness of which he is Ihe sole proprielor, and the spouse of the named insured with re~pect to the conduct of such a business' (b) if the n.amed insured is desi~naled in the declarations as a partnership or joint venture, the partnership Or joinl venlure SO designated and any parlner or member thereof bUI only with resp't to his liability as such; (c) if the named insured is designaled in Ihe declaralions as other lhan In individual, partnership or joint venture, the organization so designated and any executive omeer, dirtttor or slockholder Ihrleof while acting within Ihe scope of his duties as such; (d) any person (olher Ihan an employee of the named insured) or organization while acting as real eSlate manager for the: named insured; :lnd (e) with respect to the operation, for Ihe purpo,e of 10L'Dmotion upon a publi<: highway, of mobile equipment registered under any molor vehicle ret!istralion law, (i) an employee of thc named insured while opaating any su~h equipmenl in the course of his employment, and (il) any olher per!")n while operating with Ihe permi~~ion of Ihe named insured any such equipment regislered in rhe name of the named insured and any person or or~nization IegaUy responsihle for ~uch operation, but only if there is no olher valid and collcctible insurance a,';)ilable, eilhcr on a primary or eXceSI basis, to ~ul:h person or organization; provided that no per!oOn or orj!anization shall he an insured under this paragraph Ie) with respecl to; (l) bodily Injury to any fellow employee of ~uch pmon injured in Ihe course or his employmenl. Or (2) prop ..ty d:lmage to prope,,>' owned by, rented to, in charge of or o,<'upied by the named inSUred or the employer of any perlon described in ,ubpara~aph (iiI. This in'ura!'>,e doe,' n<'t apply ;,,':ur"" i, a parln<l or member to bodily injury or property damage arising out of the "OndUCI of any and which is nOI designaled in Ihis pQlicy al a named insured. partnership or joint venture of which the
Ill. LIMITS
OF
LIABILITY
,:"h? l~stai? ~ily injury or property s Iiabiluy IS limIted as rollows: of bodily staled in dlmage, Or (J)
HLp'oJlc<s of the number of (II insureds under l~i~ poliey, (21 persansor orpnizations .-Ialml m3de Dr SUils brought on aecounl of bodily Injury or property damage, the company Coverage A-The lolal liability of the compan)' for all damagel, by one or more person~ as the result of anyone occurrence applicahle 10 """"h occurrence." Subjecl to tIle al.>ove provi~ion rel'peClin!! included within Ihe completed operalioru bodily injury liability ,r'led in the ~hcdule including damage~ shall not exceed -
ror care and los~ of services, because the limil of bodily injury liabilily
injury suslained Ihe schedule as
"each oceu"enee".the lolal !ia,bilil~ of rhe co.m~ny for all dama!, because hnard and 12l all bodily mJury mduded wllhln the produclS hazard shall al ".j!gregale". by one or more in the schedule
of (I) all bodily. i,,!jury nOI exceed the hmlt of
Coverage B- The tolal liabililY of the compan)' for all damage< he(ause of all property cUmage sUllained as the re-ulr of anyone occurrence ,hall nol c:\L"Ced the limit of property damage li.1bility staled
persons or organizations as applicable to "C,1ch
ol'cunenc~".
Suhject to the abow provi~ion re'pcL'ling ",,"eh oecu"enee", the IOlalliability of the ~ompany for all d3fn01ge, be~ause of all properly d3J1?ag~,r~ whirh Ihi, <'overagc applies and described in any of Ihe numbered subparagrJphs below ,hall nor cxceed the Iim,l of property damage lIablhr} ,Ialed in Ihc >ehedulc a.S "'gj;r<'1!alc"; ,., , " II) all properly d3mage ariling oul of premises or opcration\ rated on a, re.munerahon ba'I,1 or ,eoDtra':lor ~ equIpment rated .on a receipts basIS, including property damage for which liabilily j, a,-,umcd under any Incidental eontracl rdatlng 10 such premlscs or operations. bul excluding property damage included in suhpar~!,raph 121 below:, .. (2) alT. prop ..ty damage arising oul of and occurrins in the <'Our.'e of operallon, performed for the ~med.lns~red. by Independent contra,cr~rs and g(neral ,upcn'i,jon Ihereof by the named insured, including any ~uch property damage for v.h,ch ha~~IIY IS 3'-lumed under any ooeid,enlal conlnct rclaling to ,u~h operalions, bul Ihis lubp;Hagraph (2) doc, not Indude propert>: danu~e allSlng O~I of ma<olen~nce or r,epalrs at premises owned h>' or rented 10 (he named insured or ~lruLrural alreralions at such prem,se< whlLh do not <ovolve changong the SIZe of or movine buildings or olher ~lrUL'lUres: ',' lJlall pro-perlY damage induded wilhin Ihe proouch ha.zard and all properly damage Indudcd wilhon Ihe completed opeultons haza.rd. Such aj:gTepte limil shaU appl}' "palaldy and (~). separalely with r~pecl 10 "3~h Covtugcs continuous to Ihe property d1Ifla$e de'Cribed in subparagraphs (I), t2) ~nd 0) above, project awa}' from premlles owned b}' or renred 10 the named Insured, and underlubpara~aphs (I)
A and B-For Ihc purpme of <.telerminin!! Ihe limit of Ihee,ompany', or repeated c'po,ure to ,ut"t:lnli.1liy the lame ~eneral condllions ,hall
liabUit~, all bodil>: !njury and property damage be c'OnSldcred as 311<lnl' out of one occurrence.
arising
OUI of
IV.POLICY
This
TERRITORY
applies only to bodily injury or property damage which occur< wilhin the policy territory.
in<urance
Issued (~I)
hy the Company 1-7}
providin!!
lhe insurance
afforded
by Ihis policy
al designated
on the dedarationl
page made
a parI
hc-reof. Page 2 of 2 Pages
560-4-)
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 9 of 272
Page ID#: 29
GENERAL LIABILITY
Named
~ __ . -
HAZARDS
Insured:
" .0 __ -
WACKER
S ILTRON IC CORP.
-".--
~--
PolievNo.2320 00 039640
CeJde Nurnuer
Schedule No.
EU'""'ted Pr.mjuma
?
"
.,
v
l:';''/'v~ SUl1vnttry O' I
o..e.-;ption of H ..oa rll;''li'Jn-l \'hen Ap;lIIl':dl.~J .-
t:ttrn No.
R,.,,("J;,
P'C'fTlium Il..-
-~;;;;;
In;uty .~
-I
----------Bod,IV
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Propertv Oem.
-:".ipc~lY
... ,---- --
------------(.1 Ar ISq, Ft.1 IblFrontlgl leI Rtmurwr ion
DerNge
Injurv
,-
1.1 Per l00'Sq. Ft. of Ara
d ---GENERAL
~ (COMPOSITE ~
~
LIABILITY--RATED) AND COMPLETED OPERATIONS 1 20050
lbl PIr Wnw foot leI $100 Remuneration
SALES
PRODUCTS
(4:n
ALL OTHER: PREMISES & OPERATIONS; OWNERS OR CONTRACTORS PROTECTIVE; BLANKET CONTRACTUAL ENDORSEMENT; SUPPLEMENTARY COVERAGES ENDORSEMENTj cMPLurtt BENEFITS EXCESS
~ ...
32,351,500 .
/ to_.
PERfl,I.$~;~QO . 2'i'fi: '~ .'064

. 5:. \ ,~'J<' . '.j~'~.'
/f;
2,070
00
.2lt~
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"'1 .~:1~
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2 3
I 20050
(43)
i 04 r2.351',50~r.~48.'~~IY.~'1
."'.
LIMITS
CHARGE
199901
(48)
... ~.~0.:/cj"\~;~~o ~.,;ki1

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4}i88:j~0.., 3,365 00
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 10 of 272
Page ID#: 30
",:,;>r''''/~~[~.;'': ,,';'}:/~:";;>Qf.~~~~,;'~~Jk:~:r;m:~;B.'~<~i:V:
\
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"
ENDORSEMENT Invoic. Hum,*

Invaict Ditl
~~~~'dO:;:: A~
WXER SIL 1RCtIIC
7:~ 'lj;f:)~ll~)i~'};~'}~!;~~:~";', ~=.~ ''.. ,7<,',:~~J~itl, ;:~~

.8'~~ THIS ENJORSe-err MODIFIES SUCH INSUlWCEiAS:'JS OF Tt-E POLICY RELATINi TO Tl FOUQilINi: '", CCWREtNSIVE SINiLE GENERAL LIABILITY LIMIT OF LIABILITY'
: .
r:T~_;
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t
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PROVISIa-f :::/i.,t5;:;~.. .";\...~.. ~ IS OEL.ETEO':~:;' . .oi:::,:,,;'~,' ..:;t~;;J;:
.-1, :;'~~~:
IT IS AGREED THAT T1-E "LIMITS REPlACED BY T1-E FOLL~I"";: Ill. LI MITS OF LIAS I LITV.'
OF LIABILITYt'
';i';"H?:\
,;~':i.,'
,
,,~t;.,
!<."I~,ARDLESS 1l Nl.I'5ER OF (1) INSUREDS l.N)ER nus POLICY, OF 0) PERSQIlS OR ORGANIZATI<J.JS \rK) SUSTAIN BOOILY I~ CR PROPERTY DN-W;E, OR 0) CLAIMS MADE OR SUITS BROLGHT <J-I ACCOLM' OF BOOILY INJLRY OR PROPERTY DAMAGE, Tl <nP.AM"S:" LIABILITY IS LIMITED AS FOLLM:
',,'
LIMITS OF LIABILITY PER OC~. n LIMIT OF LIABILITY", ' STATED BELOti AS APPLICABLE TO ''EACH OC~" IS ll TOTAL" . Llf'IIT OF Tl-E C(M)ANY'S LIABILITY \N)ER COVER/oGES A NJ B' ':~ CO'~~lNED FOR ALL ~S FOR BOOILY INJLRY ~ PROPERTY 0AMAiiE AS THE RESULT OF Am aE OCC1.JUtENCE. ,:~"j..~'
y ';:.:' ..
-:":,~;>~.. ~.-.;~~~;:. ":'
AGGREGATE LIMIT OF LIABILln. SUBJECT TO T1-E N!CVE PROVIsja(\)?':: RESPECTINi "EAOi OCC~", ll TOTAL LIABILITY OF CCMJANY lNOER COVERPGES A ANO 8 ca.eUO FCA"",~ .,1,;d
~"/-:':-:;-9':':::;i~<::
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........
G5907
: ~:'.;\<!f.~;~ ..
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Salll CI'a lauld

Co,
11 10 78U
L COlI, T
51
Ull
Premium
CR
Iv
r
(M} 10,78
PRTD USA 15-62.1
Case 3:11-cv-01493-ST
Document 1-1
,~ "
Filed 12/09/11
Page 11 of 272
Page ID#: 31
~320 00 039640
BNDORSBMBNT (Coetlnecl)
.~'".i ,
AGGREGATE LIMIT OF LIABILITY:
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Page 2 012
Pages Exhibit A Page 11 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 12 of 272
Page ID#: 32
.1
-'
93~)SO 100022
Duplicate Original
\t\ausau Insurance companies

COMBINATION CASUALTY POLICY
'-"--:---1
I
,
!
I I
~~-------------_/ \..
THIS POLICY IS NONASSESSABLE
MUTUALS.MEMBERSHIP
AND VOTING NOTICE: The insured is notified that by virtue of this policy, he is a member of the EMPLOYERSINSURANCE OF WAUSAUA Mutual Company, and is entitled to vote either in person or by proxy at any and all meetings of said company. The anrrual Meetings are hekl at its home office at Wausau, Wisconsin. on the fourth 01friday May. in each year, at9:00 A.M. .
Employers Insurance of. Wausau A

Mutual Company
(Herein called the company)
In consideration of the payment of the premium, in reliance upon the statements in the declarations subject to all of the terms01 this policy, agrees with the named insured as follows:
made a part hereof and .
COVERAGES
The insurance afforded by this policy is only with respect to such Coverages as are indicated by specific premium charge or charges in the appropriate Coverage Schedule Dr Schedulesr the Coverage Part or Parts attached to and hereby made a 0 part 01 this policy.
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of court that part of the judgment which does not exceed liability: the limit of 1he company's liability thereon; (a) all expenses incurred by the company, all costs taxed (b) premiums on appeal bonds required in any such suil, preagainst the Insured in any suit defended by the company miums on bonds to release attachments in any such suit and all interest on the entire amount any judgment of for an amount not in excess of the applicable limit of therein which accrues after entry of the judgment and liability of this policy, and the cost of bail bonds required before the company has paid or tendered or deposited in 01 the insured because of accident or traffic law violation
-----_ _ ------- .Oo __ __
l__ ._.
9-19
_. - .. - ....__.... -
'-'-60'1:1-
..
....
Case 3:11-cv-01493-ST
Document 1-1
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Page 13 of 272
Page ID#: 33
F11
===============================W~50=~DO~~~=======================::;,
arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the com. pany shall have no obligation to apply for or furnish any such bonds; (cl expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this
DEFINITIONS
o
policy applies; [d) reasonable expenses incurred by the insured at the com. pany's request in assisting the company in the investiga' tion or defense of any claim or suit, including actual loss of earnings not to exceed $2~ per day.
When used in this policy (including endorsements a part hereof):
forming
(b) the existence of tools, uninstalled equipment" or abandoned or unused materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations";
"automobile" means a land motor vehicle, trailer or semi. trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not in. c1udemobile equipment;
"elevator" means any hoisting or lowering device to connect "bodily injury" means bodily injury, sickness or disease floors or landings, whether or not in service, and all appliances sustained by any person which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway, period, including death at any time resulting therefrom; runway, power equipment and machineryj but does not include an automobile servicing hoist, or a holst without a platform "collapse haz.ard" includes "structural property damage" outside a building if without mechanical power or if not as defined herein and properly damage to any other property attached to building walls, or a hod or material hoist used in at any time resulting therefrom. "Structural property dam. alteration, construction or demolition operations, or an inclined age" means the collapse of or structural injury to llny building conveyor used exclusively for carrying property or a dumb. or structure due to(1) grading of land, excavating, borrowing, waiter used E'xclusively for carrying property and having a fifling, back. filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four (eetj caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuild. ing of any structural support thereof. The collapse hazard does "explosion hazard" includes property damage arising out of not Include property damage (1) arising out of operations blasting or explosion. The explosion hazard does not include property damage (1) arising out of the explosion of air or steam performed for the named insuredby independent contractors, or (2) included within the completed operations hazard or the vessels, piping under pressure, prime movers, machinery or underiround property damaie hazard, or (3) for which Iiabilily power transmitting equipment, or (2) arising out of operations performed for the named insured by independent. contractors, is assumed by the insured under an Incidental contract; or (3) included within the completed operatlons hazard or the "completed operations hazard" includes bodily injury and underground property damage hazard, or (4) for which liability property damage arising out of operations or reliance upon ais Bssumed by the insured under an Incidental contract; representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs "incidental contract" means any written(1) lease of preafter such operations have been completed or abandoned and mises, (2) easement agreement, except in connection with occurs away from premises owned by or rented to the named construction or demolition operations on or adjacent to a insured. "Operations" include materials, parts or equipment railroad, (3) undertaking to indemnify a municipality required furnished in connection therewith. Operations shall be deemed by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator completed at the earliest of the following times: maintenance agreement; (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, "insured" means any person or organization qualifying as (Z) when all operations to be performed by or on behalf of thean insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately named insured at the site of the operations have been to each insured against whom claim is made or suit is completed, or brought, except with respect to the limifs of the company's liability; (3) when the portion of the work out of which the injury or damage arises has been put fo its intended use by any person or organization other than another contractor or "mobile equipment" means a land vehicle (including any subcontractor engaged in performing operations for a prinmachinery or apparatus attached thereto), whether or not cipal as a part of the same project. sr:lf.propelled, (1) not subject to motor Vehicle registration, or Operations which may require further service or maintenance (2) maintained for use exclusively on premlses owned by or work, or correction, repair or replacement because of anyrented to the named insured, including the ways immediately defect or deficiency, but which are otherwise complete, shall adjoining, Of (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording be deemed completed. mobility to equipment of the following types forming an The completed operations hazard does not include bodilyintegral part of or permanently attached to such Vehicle: injury or property damage arising out of power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, (a) operations in connection with the transportation of proper- rollers and other road construction or repair equipment; ty, unless the bodily injury or property damage arises outair.compressors, pumps and generators, including spraying. of a condition in or on a vehicl e created by the loadine or welding and bunding cleaning equipment; and geophysical unloading thereof, exploration and well servicing equipment;
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 14 of 272
Page ID#: 34
==================================H396Q=H199~;::::::::::==================il
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named "products hazard" includes bodily injury and property dam. age arising out 0.1 the riamed insured's products or reliance upon representation with "named insured's products" means goods or products man.respecta thereto, but onlyorif warranty made ator any time dam. the property ufactured, sold, handled or distributed by th e named insuredage occurs away from. premises bodily injury or rented to the owned by or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" named insured and after to physical possession of such products has others; shall not include a vending machine or any property other been relinquished than such container, renled to or located for use of others "property damage" means (II physical injury to or deslruc. but not sold; tion of tangible property which occurs during the policy period, including the loss of Use thereot at any time resulting there. "OCcurrence" means an accident, including continuous or from, or (2) loss of Use of tangible property which has not been repeated exposur e to conditions, which results in bodily injuryphysically injured or destroyed provided such loss of use is or property damage neither expected nor intended from the caused by an occurrence during the policy periOd; standpoint of the Insured; "under,Eround property damage hazard" includes under. "policy territory" means: ground property damage as defined herein and property dam. resulting therefrom, (1) the United States of America, its territories or possessions, age to any other property at any time property damage to "Underground property damage" means or Canada, or ' wires, conduits, pipes, mains, sewers, tanks, tunnels, any (2) international waters or air space, provided the bodily injurysimilar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and or properly damage does not occur in the course of travel or transportation to or from any other country, state occurring during the use of mechanical equipment for the or nation, or purpose of grading land, paving, excavating, drilling, borrowing, filling, back'filling or pile driving. The under,Eround property (3) anywhere in the world with respect to damages because of damage hazard does not include property damage (1} arising bodily injury or property damage arising out of a productout of operations performed for the named insured by inde. which was sold for use or consumption within the territory pendent contractors, or (2) included within the completed oper. described in paragraph (I} above, provided the original suit atlons hazard, or {31 for which liability is assummed by the for such damages is brought within such territory: insured under an incidental contract.
CONDLTlDHS
"named insured" means the person or organization in Item 1. of the declarations of this policy;
1. Premium All premiums for this policy shall be computed in proof of financial responsibility for the future under the as accordance with the company's rules, rates, rating plans, preprovisions at any motor vehicle financial responsibility law, miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily Injury afforded herein. liability or for property damage liability shall comply with the Premium designated in this policy as "advance premium" provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees is a deposit premium only which shall be credited to the to amount of the earned premium due at the end of the policy reimburse the company for any payment made by the com. period. At the close of each period (or part thereof terminating pany which It would not have been obligated to make under with the end of the policy period) designated in the declara.the terms of this policy except for the agreement contained in tions as the audit period the earned premium shall be com. this paragraph, puted for such period and, upon notice thereot to the 4. named insured, shall become due and payable. If the total Insured's Duties in the Event of Occurrence, Claim Dr Suil earned premium for the policy period is tess than the premium previously paid, the company shaH return to the named insured (a) In the event of an Dccurrence, written notice containing particulars sufficient to identify the insured and also the unearned portion paid by the named Insured. reasonably obtainable information with respect to the lime, The named Insured shall maintain records of such informaplace and circumstances thereof, and the names and tion as is necessary for premium computation, and shall send addresses of the injured and of available witnesses, shall copies of such records to the company at the end of the be given by or for the insured to the company or any of policy period and at such times during the policy period as its authorized agents as soon as practicable. the company may direct. (b) If claim is made or suit is brought against the insllred, 2. Inspection and Audit The company shall be permitted but the Insured shall immediately forward to the compannvery not obliga led to inspect the, named Insured's property and demand, notice, summons <H other process received by operations at any time. Neither the company's right to make him or his representative. inspections nor the making thereof nor any report thereon (cl The insured shall cooperate with the company and, upon shall constitute an underlaking, on behalf of or for the benefit the company's request, assist in making settlements, in of the named insured or olhers, to determine or warrant that the conduct of suits and in enforcing any right of conlri. such property or operations are safe or healthful, or are in bution or indemnity against any person or organization compliance with any law, rule or regulation. who may be liable to the Insured because of injury or The company may examine and audit the named insured's damage with respect to which insurance is afforded under books and records at any time during the policy period and this policy: and the insured shall attend hearings and trials extensions thereof and within three years after the final ter. and assist in securing and giving evidence and obtaining mination of this policy, as far as they relate to the subject the ~ttendance of witnesses, The insured shall not, exce~t matter of this insurance. at hiS own cost, voluntarily make any payment, aSSume any obligation or incur any expense other than for first 3, Financial Responsibility Laws When this policy is certified aid to others at the time of accident.
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 15 of 272
Page ID#: 35
5. Action Aiainst Company No action shall lie against the Chanzes Nolice to any agent or knowledge posses~ed by B. company unless, as a condition precedent thereto, there shallany agent or by any other person shall not effect ~ waiver or have been full compliance with all of the lerms of tilis policy, change in any part of this policy or estop the company from a nor until the amount of the insured's obligation to pay shall asserting any right under the terms of this policy; nor shalJ have been finally determined either by judgment against thethe terms of this policy be waiVed or changed, except by insured after actual trial or by written agreement of the endorsement issued to form a part of this policy. insured, the claimant and the company. Any person or organization or the legal represe~tative there. 9. Assignmenl Assignment of. interest under this policy sh~1I I~, of who has secured such judgment or written agreement shallnot bind the company until its consent is endorsed hereon; as thereafter be entitled to recover under this policy to the extent however, the named insured shall die, such insurance IS of the insurance afforded by this policy. No person or organ. afforded by this policy shall apply (1) to the named insure~'s ization shall have any right under this policy join the com. fegal representative, as the named insured, but only wh.,le 10 pany as a party to any action against the insured to ~elermine acting within the scope of his duties as such, and (2) With respect to the property of the named insured, 10 the person the' insured's Iiabilily, nor shall the company be Implead~d by the insared or his legal representative, Bankruptcy 10. having proper temporary custody thereof, as insured, but only or until the appointment and qualification of lhe legal represen. solvency of 1he insured or of the insured's estate shall not relieve the company of any of ils obligations hereunder. tative.
10. 6. Other Insurance The Insurance aHorded by this polity is Three Year Policy If this policy is issued for a period of. three years any limit of the company's liability staled in this primary insurance, except when stated t~ apply In excess ~f polciy as "aggregate" shall or contingent upon the absence 01 other IOsur~nce. When t~IStive annual period thereof. apply separately to each consecu. insurance is primary and the Insured has other Insurance 7h whl is stated to beapplicable to the los$ on, an. ex.c.ess or contl~' Cancelation This policy may be canceled by th~ named gent basis, the amount of theompan s liability under thIS insured by mailing to the company written notice statmg when c policy shall not be reduced by the eXISlence of such other thereafter the cancelation shall be effective. This policy may insurance. be canceled by the company by mailing to the named Insured When both this insurance and other insurance apply to theat the address shown in this policy, written notice stating Joss on the same basis, whether primary, excess or contingent, when not less than ten days thereafter such cancelation shall the company shall not be liable unaer this policy for a greater be effective. The mailing of notice as aforesaid shall be proportion of the loss than that stated in the applicable con. sufficient proof of notice. The effective date and hour of tribution provision below: cancelation stateCl in the notice shall become the end of the policy period. Delivery of such written notice either by the (a) Contribution by Equal Shares. If all of such other valid and named insured or by the company shall be equivalent to collectible insurance provides for contribution by equal mailing. shares the company shall not be liable for a grealer proportio~ 01 such loss than woul~ be payable if each !nsurer If the named insured cancels, earned premium shall be contributes an equal share until the share of each Insurercomputed in accordance with the customary short rate table equals the lowest applicable limit of Iia.bility. under a."yand procedure. If the company cancels, earned premium shall may be made one policy or the full amount of lhe loss paid, and With be computed pro rata. Premium adjustment IS either at tile time cancelation is effected or. as soon as respect to any amount of loss not so paid the remaining insurers then continue to contribute eq ual shares of thepracticable after cancelation becomes effective, but payment remaining amount of the loss untif each such Insu!er h.asor tender 01 unearned premium is not a condition of cancela. paid its limit in"full or the full amount 01 the losspaid. tion. IS (b) Contribution by Limits. If any 01 such other insurance does 12. Declarations By acceptance of this policy, the named not provide for conlribution by equal shares, the company Insured agrees that the statements in the declarations are shall not be liable for a greater proportion of such loss agreements and representations, his that this policy is issued than the applicable limit of liability under this policy forin reliance upon the truth of such representations and that this such loss bears 10 the total applicable limit of liability ofpolicy embodies all agreements existing between himself and all valid and collectible insurance against such loss. the company or any of its a&.ents refating to this insurance.
1,.
13. 7. Subroratian In the event of any payment under this policy, Mutual Policy Conditions. PARTICIPATIONCLAUSEWITHOUT CONTINGENT 1ABJLllY.No Contingent liability: This policy is L the company shall be subrogated to all the Insured's rights nonassessable. The policyholder is a memb~r of the company. of recovery therefor against any person or organization and and shall participate, to the extent and upon the conditions the Insured shall execute and deliver instruments and papers fixed and determined by the Board of Directors in accordance and do Vlhatever else is necessary 10 secure such rights. The with insured shall do nothing alter loss to prejudice such rights. the provisions of Jaw, in the distribution of dividends so fixed and determined. IN WITNESS WHEREOF, the EMPLOYERS INSURANCE OF WAUSAUA Mutual Company has caused this policy lo be signed by its president and secretary at Wausau, Wisconsin, and countersigned on the declarations page by a duly authorized representative of the company.
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Secretary
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Case 3:11-cv-01493-ST
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Filed 12/09/11
Page 16 of 272
Page ID#: 36
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NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Brllad Form) This endorsement modifies the provisions of the policy relating to All AUTOMOBILELIABILITY, GENERAL LIABILITY AND MED: ICAL PAYMENTS INSURANCE OTHER THAN fAMILY AUTOMOBILE, PECIAL PACKAGEAUTOMOBILE,COMPREHENSIVE PERSOHAl S AND FARMER'S COMPREHENSIVEPERSONAL INSURANCE. It is agreed that: I. The policy doesIlQ lapp Iy: A. Under any liability Coverage, to bodily injury or property damaie (1) with respect to which an insured under the poJicX is-alsoan insured under.a nuclear energy liability poncy issued by Nuclear Energy liability Insurance Association, Mutual Atomic Energy liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its. limit 01 liability; or . (2) resulting from the hazardous properties 1 nuclear material and with respect to which (a) any person or organization 0 . is required to maintain financial protection pursuant to the Atomic Energy Act 011954, or any law amendatory thereof, or (b) the !nsured-is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency i thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Paymenls prOVision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the I, operation of a nuclear facility by any person or organization. I, C. Under any liability Coverage, to bodily injury or property damaie resulting from the hazardous prDperties of nuclear ,. material, if . . (1) the nuclear material (a) is al any .nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear malerial is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or . (3) the bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equip. ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility. but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; . . "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation " in a I nuclear reader; "waste" means any waste material (1) containing byproducf material and (2) resulting from the operation by any person ! or organization of any nuclear facility included within the delin ition of nuclear facility under paragraph (a) or (b) thereof; I, 'I "nuclear facility" means .1 (a) any nuclear reactor, I. (b) any equipment or device designed or used for (l) separa ting the isotopes of uranium or plutonium, (2) processing I' or ,I utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is localed consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes , the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self.supporting chain reaction or to conlain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of properly. NEW YORK EXCEPTION:The "Nuclear Energy liability Exclusion Endorsement (Broad Form)" does not apply to Automobile liability Insurance in New York.
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All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded this policy as designated by hereof. I
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----------'------Exhibit A Page 16 of 272
Case 3:11-cv-01493-ST
./
Document 1-1
Filed 12/09/11
Page 17 of 272
Page ID#: 37
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wausau Insurance compames

GENERAL LIABIlITY AMENDATORY.ENDORSEMENT
It is agreed that the 'following definition is added: "loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for movement into or onto an automobile or while it is in or on an automo bile or while it is being moved from an automobile to the place where it is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechanical device (other than a hand truck) not attached to the automobile.
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All other provisions and conditions remain unchanged. . . Issued by the Company providing the insurance affordedby this policy as designated on the declarations page made a part hereof.
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 18 of 272
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Case 3:11-cv-01493-ST
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Document 1-1
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Page 19 of 272
Page ID#: 39
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 20 of 272
Page ID#: 40
COMPREHENsrvE GENERAL L1ABT~~&Rt-8{Jl<@8ERAGE
PART (Conlinul'li)
(I) 10 properly d2m~.ie 10 premi.lel ~lien3led by Ihe n1ll1c:dinsured 3risin~ oul of such premi~s Or ~nv parI thereof; '. (m) 10 lou of use of langible properly which has nol been physically injured or demoyed re.lulling from (Illhe dela~' in or 13ck of performance by or on behalf of the named insured of lIny conlr3cI or agreement. or (211he failure of the fUmed insurl'li's products 01 work performed by or on ~h~lf of Ihe named insurl'li 10 meel Ihe level of performance qualily'. filness or dur3biUly w3rr3nled or represented by Ihe named insured; bul Ihis exclusion does n01 apply 10 loss of u~ of other tangible property resulling from Ihe sudden lind Qcc:ide.tt~1 physical injury 10 0 deSlru,llon of Ihe named insured's producls or work performed by or on beh31f of the named insured after su,h produ.:ts or work hlVl been put 10 use by 3n)' person or orpniution other thOlnan insured: (n) 10 pf'Operty d.amage 10 Ihe rumed inslUed'S products arising oul of ~"Uchprodu,ls or any PUI of such products; (0) 10 property dam28e 10 work pcrformcd by or on beh31f of Ihe named Insured arising oul of Ihe won. or any porllon Ihereof at oul 01 . material.\, parB or equipment furnished in connection Iherewlth; . . ' (p) 10 damages cbimed for Ihc withdrawal. inspeclion, repair. rcpla.:emenl. or loss of use of the named Insured's products or work complelec by or. for Ihe named InslUed or of any prOperl)" of which such produ.:U or worl: form II. parI, If such products, work or property In wilhdr3wn from the market or from uSt be..:.1uscof any known or su~pectcd defcct or delici(n~y Ihereln: (q) to Pf'Operty .umage Included within: (I) .x" nplosion h1.urd in conn~clion wilh opera lions identified In Ihis policy by a c1ulirll:alion code number which includes Ih~ symbo the (2)
!~.~. 'coUapse
I:
hnard
in conneclion
wilh oper;lions
idenlifi~d in this policy by a c1usiCication ~ode number Wilh oper3tions identified in Ihi\ pelky
which includes the symbol cod" number which
(3) the underground
property includes Ihe s}'mbol "u".
damage haurd
in conn~lion
by a ci:lSsification
II.PERSONS
INSURED
Each of the following is an insured under this insurance 10 Ihe exlenl sel forlh below: (a) it the named InslUed is designated in the decur3Iion.\ as an individual. the person so designated bul only with respect to the conduct of I bu.liness of which he is the sole proprielor. Ind Ihe spouse of the named Insured wilh reJpeet to Ihe conducl of such. business; . (b) it the named inswed Is designated in Ihe deebration! 31 a putnership or joint venture, the p3rtnership or jolnl venture so de.dg~ted and any partner or member Ihereof bUI only with respecl 10 his liabUity as such: (c) if the named lnswed is designated in the declaration.\ as olher I~n an individual. pllrtncrship or Joinl venture, Ihe organization so designared and an}' executh'e officer. director OJ slockholder Ihereof while aCling wilhin Ihe $Cope of hls dulies 3< such; (d) any person (other than In (mploy~c Df Ihe named inslUed) Dr organi23lion while acting as real ~Iale manab'Cr for Ihe tUrned insured; 3nd (e) with respect to the oper:llion. for the purpO.le of lo,oomotion upon a public highway. or mobile equlpmenl rcgistered under any motor vehicle registration law, (i) an employee of the named insured while opera ring any sueh equipment in Ihe coune of his employmenl, and (U) any orher per~n while oper3ting with the permi",ion of rhe named insured any such equipment re,:i$rered in the rume of the named Insured and any penon or orpnizalion l~aU>' responsible for ~u,h operation. bul only if Ihere h no other V3lld and colleclible insurance a>':lilable, eilher on a prim~ry or c:\l:es~ b~sis. 10 ~u,h person or orl:~nizalion; provided th~t no per~n or orj!anizatlon sh~1I be an insured under Ihi~ p:uagraph Ie) wilh respect 10: (J) bodily injury to any fellolY employee of ~uch person injured in the course of his empJoymenl. or (2) properly "damage 10 properly owned by, rented 10, in ch~rgr of or o~.:upied by the l\3.med insured or the employer of any person described 10 ~ubpar~lP'aph (iiI. . ',. This in,urar.o;e d\le.1 nN :lppl)" to bodily Injury or property damaBe 3rhin;; oul of the conduci ir-"UrN i~ a parlner or member and which i~nOI dc.<tgnaled in .his pQlicy a~ a named Insured. of any partnership or loint venture of which the
III. LIMITS OF LIABILITY

R"'1"~'lIlc~s of Ihe number of (II insureds under this polky. (21 persons or orpniz.alions who suslain bodily injury or property .-I:llms m3de or suils brou~ht on aecounl or bodily Injury or properly danuge, .he L"Ompany's liabililY 11 limited as follows: damage, or (ll
Covens" A-The 101.1 liability of Ihe comp~n)' for all d~m3j!.'. Induding d~m3ges for care and los~ of services. beeaule of bodily il'liury sustained by one or more per:<ons as Ihe result of any on~ OCXU1Tence<!l.U nOI exceed the limit of bodily Injury li3bility Slated in thc schedule :as : 3pplic~hle to "Il;II'h occurrence." Subjecr to the ~bove provi~ion r~peclin~ "c:lch oceurren,e". Ihe 10lalliabililY of Ihe company for all d3ma~e.~ because of (I) :Ill bodily injury included wilhin the compleled operalions hazard and (2) all bodily injury induded wilhin Ihe produclJ haurd shall nOI exceed Ihe limit of bodily injury 1i3bilHy ~ta'ed in Ih. l'Chedule a. "aj:!!leg~le". Coverage B-The tol.1 liabililY of Ihe company (nr 311damages hecause of ~II property .urnage su,uined by one or more persons or organizations as Ihe result or anyone occunence sh~1I nol e~.. "ted the Iimil or properly darruge li.:lbilily sl3ted in Ihe schedule as applicable to "<:;Ic!' occ:u.nencC'''_ Subjecl to the abo"" provi~ion r~lpeclinc "",,~h occurrene the 10lalli.bilily or Ihe eomp~ny for all dam01ge, becau~. of 0111 roperty dam28e to p whirh Ihi~ .ov,r~~e ~pplies Mnd de,cribed in ~ny or Ihe numbered ~ubpanjtrJphs bclow ,hall nOI c'lceed the Iimir of property damage liabllilY ,r~ll'<l in the s.chedulc as "al:Sr,,al,'-: . ( I) all properly damage arhin~ nul of premises or operationl ralell on a remuneration basi~ or coolraclor'~ equipmenl raled on a recelpls baSIS, includinj! properly lIamage for which Iiabilily is a~,umed under <lny incidental contract Icl~ling to ~uch premises or opcr:llions. bul cxcludl"l property damage included in ,uhpar~l!raph (2) below: (1) alT'properly damage 3ri.ling out of and occu.rrinc in t~e '"O~rs. of operations performed for lhe ",,:ml'li. in~~red. by independent contr:ael~rs and gener:ll supervision Ihereof by Ihe named ~sured. Including any such pro.perly damage for wh'I:h ha~~IIY IS :u.\ume~ under any ineid."nlal eonmet rcl:llin~ 10 su~h operalion\. bul rhls lubp;mpaph t 2) docs no.t Include propert>: danu~e JrlSlng OI!l of matnlen~nce or ~CP3IJS:II premises owned b)' or r~ntcd 10 the named InlU~ or slru'lural allenllOn.\ :11 such premise'< .. hlch do not Involve changtng the size of oi movine buildinj:~ or other ~Iru.lure<: (3) all pro-Petly damage induded within Ihe prooucls haurd and ~II properry damage included within Ihe completl'li oper.alions haurd. Such 3{!pC{:Jte Iimil .haU apply separalely 10 Ihe property d1ll1age lIemibed in subpara[tr3phs II I. (2) and (J) above. and under subparapaphs and C!J. ~ep:1r~tely wilh respe,1 10 ~ch project away from premi~e~ owned b}' or lcnled 10 Ihe named insun:d. CDveuges A :and B-For Ihe purpCHCof lIc1,rminin~ Ihe limil of Ihe comp~ny's li3bilily. all bodily injury and property damage conlinuous or r"'pealed c~posurc to ,ub,lanli:llly Ihe !:Ime ~ener~1 condilions shall be Loonsidercd as arisin!! oul of one occurrence. IV. POLICY TERRITORY This insUTJIlce applics only 10 bodily injury or property damage which occur, within the policy tenilOry. Issued hy the Company providing Ih. In,uT3nce arrorded by Ihis policy us dcsij!n~led on the dedll3tionl (1.1) 1-73
560-4-1
(I)
arising oul of
pa{!e nl3d. :J p3rl hereof. Page 2 of 2 Pages
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 21 of 272
Page ID#: 41
,',
y: ::~
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Named Insured:
."' .~"" ~, ", ,Oncription o~
'f'~~1~~~~1:lll~I!f~[it?$)!}~;~~l?7~~~~~~1i.tf~f ~;?~?~,,: :,!,.. ,:",:'. :~t.r,~':I~%~~'i~,'i:.:t?~,~~::~, .. ;;,.','.'

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Schedule No,
WACKER SILTRONIC
Hazards",
'Polic~' No, COde"

Number
,<'::".\::'~"
"
----,-"
Premium Bijses
, ":g
-l
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c:
~ ~
(Sho Summary of Premium' When Applicable)',
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(a) I'm 100 Sq,
EOd,l0 Iniu~
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Property Don;J9~! \ Bodily I nl\.lev \ Property';' Damage
-----
2321
00 039640
":','~.'\j
~
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0.
----,.,~.
1'1. of Are~
I
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---GENERAL (COMPOSITE
LIABILITY~-RATED)
Ib) Frontage'
(e) Remunerauon
lIb) Per Lineo, FOOl \k) Pcr$100 Hemuner,Hion
SALES PRODuns AND COi',PLETED OPERATI CNS 1 \ 20050 \ (322) 75,000,000
PER .2P
I
$1,000\
_ ; 16,275
\ : 4,800
ALL OTHER: CONTPACTORS

ENOORSEf'vENT.:
PREMISES c: OPERATICtlS; Oh'NERS OR ?ROTECT I\IE; BlJ'J-.iKET CONTRACTUAL

S UPPLEI"'CNTARY COVERJ\GES E,"\?LOYEE BmF.F ITS
i
\ 75,OJO,OOO
I
\
\ \
\
.064
ENOORSEJ"t:NT;
200'>0
!
\
\ .ll18
.104
11,100
7,800
(322) EXCESS LIMITS C~~R~E ~ C

w
99901 (325)
I
I
113
Case 3:11-cv-01493-ST
;':. ,.
Document 1-1
Filed 12/09/11
Page 22 of 272
Page ID#: 42
ADDITIONAL .'Invoice Num ber InvClice Date End No.
NAMEO
IrjSUR~DS cYJrjRS[!ll~T AA\ount Out
Policy Number
Assn.
2321 00 039640
~",-..- Named Insured 31ld Address .. ,.1,'
..
\oll\CKER 51 LTRONr C CORP,
{~~>;:).:~' . .
This Endorsement " ;/,~ Policy Period:
{ .. '
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IS
eflecti'Je
1 .1 80 to
.:r~ ,'.:Jt ~c~ r~~r.;jte ~!"e ~r!Cl. .",,:~

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narr.ed
Ins~re1
a:; st1:'~ hert.n.
I This endorsement moM,,, such insurance"
is afforded by"" or"i"';;"'!h'
""'j
~el,"ng to the f~I ~~
c_o.r_"IP_R_CI_iE_~_JS_r_ _E._C__ V 'E_"'_IE_Ri_'\I._,-_, !_~_l_l i_. _I _f'_( _!_
:_"~'Y'~:
I ~
It is agreed thaI the definition of "Hamed Insured" ,s ar:lended to incll:de 2 as r.JmQd jrlS'Jred the :>erson or crgan'zatoo deSliond below as an additional named insured. subject 10 the fO!!O'ijing provisions: I. The named insured named in Item I of the declarations is authoillec to ac~ '~r sLoch add!')')nal nlmtd insurtd( s ,I! all matters I pertaining to this insurance, inciudlng receipt of notice of cance!el'::;;;. ar::J 2. Return premium, if any, and such dividends as be declared by t~e CO'.'p;r' 'f s:iJ!! ~ pa:d 10the n.m.d HlSur,e: namt-j In Itern rny I of Ihe declarations; and 3. The named insured named in Item 1 of the dec!cralions sha:I pay t),frr:~11 for t~e Insurar:ce afforded theadditiomllUlNd insured in dccordanc~ with the manual rufes in use by :he company; p"j\"~'1.t!1zt i:.lhe e\'ent of bankruptcy or n~"'eIl(Y of tht i named insured named in Item I of ;!1edeclaralions. each addllienal roam:::! ins~rcd sha~1 (e~ponSlble tOf and shall PJ' to thf be company lhe premium for the insurance afforded ~uch additIOnal nii'1P<l in!>Ir,d. 4. . Nothing contained herein shall affect any right cl recovery as a claim.lr.t '/f~,ch the addlllOllal named insured~ould /u~e II ntlt designated as such. 5. The insurance applies wilh respect to the busineS5 cper atlons of the addil!on!1..arr.d insurtd(s) In the states 10whichthIS polley r applies. 6. The named insured named in Item I of the declaralions declares ~I! firms named in the polley as named insurtds orIS lnll additional named insureds are owned or finanClaliy controiledbj t"'e s"r.~Interests.
t,~
Names of Additional
?famed Insureds
All olher provisions and conditions remain unchan ed. 7 I.ssued by Ihe Company providing theinsurance al.orded by this PO'ley a, d~S'<.r,2:~J '1M) 4.79
15.53']5
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t.-e ~c(!.!~~:'},-s ~,)g~mdde ;, part her~f.

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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 23 of 272
. ":.-.:
Page ID#: 43
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s
2
Assn.
Audit
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 24 of 272
Page ID#: 44
11~1~~~fJ!;J'!,0;\~~(X; .',....
i"<'\2:r:'(}>\'!'2'3'2\
00' 039640
:
~-- >.:"
',';,.1.CKER 5 I!..IRQ', I C ~.
ENDORSEMENT (Continued)
ALL DA'AAGES BECAUSE OF ALL BOOILY INJUP,'( NI] ?ROPEf.(Tf C/JIoAI.GE SHALL NOT EXCEED THE LI'~IT OF THE LIJ.5fU1Y srMEQ B=LL'tI flS "AGGREGATE". SUCH t.GGREGATE LIt"IT Sf-'ALL j\P,:"y SEPAPATEl Y
WITH RESPECT TO EACH PROJECT f..i:AY FRO" ?F.C/.IS:::S OR RENTED TO THE NMI;ED INSURED.
...
ct?':m
BY
'
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FOR THE PURPOSE OF DETEP1'1INH.(; THE Llr-lIT OF THe: cCt.f'/WY I 5 LIABILITY,' ALL BODILY It--IJURY f.NJ PROPERTf DA'~GE AAISrr.(;
OUT OF CONTINUOUS OR REPEATED E/?OSl~E TO SUBSTN.TIALlY

SN'1E GENERAL CWCITICN Sf-'ALL BE CCt-lSIDERED AS J..iUSIf\G OUT
THE
OF ONE OCCURRENCE.
Sl,COO,OOO LIMIT OF LIABILITY:
EPOi OCCURREl:CE.
$1,000,000 AGGREGATE.
:'. -,.
!,..".:p.:.'.:...
/:-.
j other provisions and conditions remain unchanged, _ G5907 _ __ r I ,:~~,_,/ssued by the Company providing the insurance afforded by thiS poliCY as des:in~te,j1:1': ~,1t! (('c1arat:on,; P~R~ ",ade a pa~t er,,:c: .' ".", .
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 25 of 272
Page ID#: 45
93lJ50 t 00022
Duplicatebrigina\
\Vausau Insurance companies

-----"---1
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THIS POLICY IS NONASSESSABLE ....- - .-
MUTUAlS-MEMBERSHIP AND VOTING NOTICE: The insured is natified that by virtue of this policy. he is a member .of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, and is entitled vote either in persan .or by praxy at any and all ta meeti~gs of said campany. The annual Meetings are held at its home office at Wausau, Wisconsin, on the fourth Friday May, In each year, at 9:00 A.M,
of
Employers Insurance of Wausau A Mutual Company

HOME OFFIcE, WAlISAU, WISCONSIN
[Herein
called
the campany)
In censlderatien .of the payment of the premium, in reliance up en the statements in the declaratiens subject ta all of the terms or this pel icy, agrees with the named insured as fol1.ows:
made
a part
hereef
and
COYERAGES
The insurance afforded by this pal icy is .only with respect ta such Coverages as are indicated charges in the appropriate Caverage Schedule .or Schedules of the Coverage Part or Parts part of this policy.
by specific premium charge .or attached te and hereby made a
SUPPLEMENTARY
The cempany liability: will pay, in addition te the applicable limit of
PAYMENTS
the court that part of the judgment which limit of the company's liability thereonj does nat exceed
(a) a/l .expenses incurred by cempany, all the against the Insured in any suit defended and all interest on the entire amount therein which accrues after entry .of the before the campany has paid or tendered
costs taxed (b) premiums en appeal bonds required in any such suit, preby the cempany miums on bonds to release attachments in any such suit of any judgment for an amount not in excess of the applicable limit of judgment and liability of this policy. and the cost of bail bonds required .or deposited in 01 the insured because of accident law vialation traffic or
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---.
"'_.-
._- --
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-SG;1:1
----------------Exhibit A Page 25 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 26 of 272
Page ID#: 46
If
I
arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the com. pany shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this
policy applies;
(d)
reasonable expenses incurred by the insured at the company's request in assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25. per day.
DEFINITIONS . When used in this policy (including endorsements forming a part hereof): (b) the existence of tools, uninstalled equipmenf or abandoned or unused materials, or
"automobile" means a land mDtor vehicle, trailer Dr semi. (c) operations for which the classification staled in the policy or in the company's manual specifies "including completed trailer designed fDr travel on public roads (including any operations"; machinery or apparatus attached thereto), but dDes not in. clude mobile equipment; "elevator" means any hoisting or lowering device to connect "bodily injury" means bodily injury, sickness Dr disease floors or landings, whether or not in service, and all appliances sustained by any person which occurs during the policy thereof including any car, platform, shaft, hDistway, stairway, periDd, including death at any time resulting therefrDm; runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform "collapse hazard" includes "structural property damage" outside a building if without mechanical power or if not as defined herein and properly damage to any other property attached to building walls, or a hod or material hoist used in at any time resulting therefrom. "Structural property dam. alteration, construction or demolition operations, or an inclined age" means the collapse of or structural injury to any building conveyor used exclusively for carrying property or a dumb. or structure due tD (1) grading of land, e)(cavating, borrowing, waiter used l'xclusively for carrying property and having a filling, back.filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four feet; caisson work or (2) moving, shoring, underpinning, raising or demDlition of any building or structure or removal or rebuild. "explosion hazard" includes property damage arising out of ing of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations blasting or explosion. The explosion hazard does not include perfDrmed for the named insured by independent contractors, property damage (1) arising out Df the explosiDn of air or steam or (2) included within the completed operations hazard or the vessels, piping under pressure, prime mDvers, machinery or underiround property damage hazard, or (3) for which liability power transmitting equipment, or (2) arising out of operations perfDrmed for the named insured by independent. contractors, is assumed by the insured under an incidental contract; or (3) included within the completed operations hazard or the "completed operations hazard" includes bodily injury and underground property damage hazard, or (4) for which liability property damage arising out of operations or reliance upon a is assumed by the insured under an incidental contract; representation or warranty made at any time with respect "incidental contract" means any written (1) lease of prethereto, but only if the bodily injury or property damage occurs after such operations have been completed Dr abandoned and mises, (2) easement agreement, except in connection with occurs away from premises owned by or rented to the named construction or demolitiDn operations on or adjacent to a insured. "Operations" include materials, parts or equipment railroad, (3) undertaking to indemnify a municipality required furnished in connection therewith. Operations shall be deemed by municipal ordinance, except in connectiDn with work for the municipality, (4) sidetrack agreement, or (5) elevator cDmpleted at the earliest of the following times: maintenance agreement; (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, "insured" means any perSDn or organization qualifying as (2) when all operations to be performed by or on behalf of the an insured in the "Persons Insured" provision of the applicable named insured at the site of the operations have been insurance coverage. The insurance afforded applies separately to each insured against whDm claim is made or suit is completed, or brought, except with respect tD the limifs of the company's (3) when the portion of the work out of which the injury or liability; damage arises has been put fa its intended use by ny a perSDn or organization other than another contractor or "mobile equipment" means a land vehicle (including any subcontractor engaged in performing operations for a prin. machinery or apparaltls attached thereto), whether or not cipal as a part of the same project. s:lf.propelled, (1) not subject tD motor vehicle registration, or (2) maintained for use exclusively on premises owned by or OperatiDns which may require further service or maintenance rented to the named insured, including the ways immediately work, or correctiDn, repair or replacement because of any adjoining, or (3) designed for use principally off public roads, defect or deficiency, but which are otherwise complete, shall or (4) designed or maintained for the sole purpose of affording be deemed completed. mobility to equipment of the following types forming an The completed operations hazard does not include bodily integral part of Dr permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; CDncrete injury or property damage arising out of mi)(ers (other than the mix.in-transit type); graders, scrapers, (a) operations in connection with the transportation of proper- rollers and other rDad construction or repair equipment; ty, unless 1he bodily injury or property damage arises out air.compressors, pumps and generators, including spraying. of a cDndition in Dr on a vehicle created by the loadine or welding and building cleaning equipment; and geophysical unlDading thereof, explDration and well servicing equipment;
---------- - --Exhibit A Page 26 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 27 of 272
Page ID#: 47
=============================:::::=;Hg950=HlGG~2;:==:=====================jl
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namen "products hazard" includes bodily injury and property dam. age arising out oJ the n"amed Insured's products or reliance upon a representation or warranty made at any time with "named insured's products" means goods or products manrespect thereto, but o!lly if the bodily injury or property damufactured, sold, handled or distributed by the named insured occurs away from premises age owned by or rented to the or by others trading under his name, including any container named insured and after physical possession of such products thereof (other than a vehicle), but "named insured's products"has been relinquished to others; shall not include a vending machine or any property other than such container, rented to or located for use of others "property damage" means (I) physical injury to or destrucbut not sold; tion of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there"occurrence" means an Jccid~nt, including continuous from, or (2) loss of USe of tangible property which has not been or repeated exposure to conditions, which results in bodily injury physically injured or destroyed provided such loss of use is or property damafe neither expected nor intended from caused by an Dccurrence during the policy period; the standpoint of the insured; "underground property damage hazard" includes under. "policy territory" means; ground property damage as defined herein and property dam. age to any other property at any time resulting therefrom. (1) the United States of America, its territories or possessions, "Underground property damage" means property damage to or Canada, or wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, (2) international waters or air space, provided the bodily injury beneath the surface of the ground or water, caused by and or property damage does not occur in the course of travel occurring during the use of mechanical equipment for the or transportation 10 or from any other country, state or nation, or purpose of grading land, paving, excavating, drilling, borrowing, filling, back.fiIling or pile driving. The underground property (3) anywhere in the world with respect to damages because damage hazard does not include property damaze of (l) arising bodily injury or property damage arising out of a product of operations out performed for the named insured by inde. which was sold for use or consumption within the territorypendent contractors, or (2} included within the completed Clperdescribed in paragraph (I} above, provided the original suit alions hazard, or(3} for which liability is assummed by the for such damages is brought within such territory; insured under an incidental conlract. CONDlTlDHS 1. Premium All premiums for this policy shall be computed asin proof of financial responsibility for the future under the accordance with the company's rules, rates, rating plans, preprovisions of any motor vehicle financial responsibility law, miums and minimum premiums applicable to the insurance such insurance as ;s afforded by this policy for bodily injury afforded herein. liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and Premium designated in this policy as "advance premium" by such law. The insured agrees is a deposit premium only which shall be credited to limits of liability required the to amount of the earned premium due at the end of the policy reimburse the company for any payment made by the com. to make under period. At th e close of each period (or part thereof terminating pany which it would not have been obligated the contained with the end of the policy period) designated in the declara. terms of this policy except for the agreement in tions as the audit period the earned premium shall be com. this paragraph. puted for such period and, upon notice thereof to the 4. Duties in the Evtnt of Occurrence, Clainl Or Suit named Insured, shall become due and payable. If the total Insured's earned premium for the policy period is less than the premium (a) In the event of an occurrence, written notice containing previously paid, the company shall return to the named insured particulars sufficient to identify the insured and also the unearned portion paid by the named insured. reasonably obtainable information with ~espe"ct to the lime, The named insured shall maintain records of such informaplace and circumstances thereof, and the names and tion as is necessary for premium computation, and shall send addresses of the injured and of available witnesses, shall copies of such records to the company at the end of the given by or for the insured to the company or any of be policy period and at such times during the pol icy period asits authorized agents as soon as practicable. the comp3ny may direct. (bl If claim is made or suit is brought against the insured, forward to the company every 2. Inspection and Audit The company shall be permitted but the Insured shall immediately notice, summons or other process recei'led by not obligated to inspect the named Insured's property and demand, operations at any time. Neither the company's right to make him or his representative. inspections nor the making thereof nor any report thereon The insured shall cooperate (cl with the company and. upon shall constitute an undertaking, {In behalf of or for the benefit the company's request, assist in making settlements, in of the named insured or others, to determine or warrant that the conduct of suits and in enforcing any right of contri. such property or operations are safe or healthful are in or bution or indemnity against any person or organization compliance with anylaw. rule or regulation. who may be liable to the insured because of injury or is afforded under The company may examine and audit the named insured's damage with respect to which insurance and trials books and records at any time during the policy period and this policy; and the insured shall attend hearings and assist in securing and giving evidence and obtaining extensiOns thereof and within three years after final terthe of witnesses. The insured shaH not, exce~t mination of this policy, as far as they relate to the subject the ~llendance at hiS own cost, voluntarily make any payment, aSSume maHer of this insurance. any obligation or incur any expense other than for first J. Financial Responsibility laws When this policy is certified aid to others at the time of accident.
l
"named insured" means the person or organization in Item 1. of the declarations of this policYi
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 28 of 272
Page ID#: 48
5. Action Against Comp3ny No action shall lie against the Chan~es Notice to anyagent or knowledge possessed by 8. company unless, as a condition precedent thereto, th.ere s~all agent orby any other person shall not effect a waiVer or any have been full compliance with all of the terms of this policy, change in any part of this policy or estop lhe company from a nor until the amount 01 the insured's obligation 10 pay shall asserting any rigllt under the terms of this policy; nor shall have been finally determined either by judgment against the terms of this policy be waived or changed, the except by insured after actual trial or by written ilgreement of endorsement the issued to form a part of this policy. insured, the claimant ilnd the company. under this policy shall MY person or organization or the legal representative there.9. Assignment Assignment of. interest not if, of who has secured such judgment or written agreement shall bind the company until its consent is endorsed hereon; however, the named insured shall die, such insurance as is thereafter be entitled to recover under this policy to the extent afforded by this policy shall apply (l} to the named insured's of the insurance afforded by this policy. No per~o.n or organ. legal representative, as the named insured, but only while izatiOll shall ha\le any right under lhis policy to JOin the c~m. pany as a party to any action against the insured to getermlneacting within the scope of his duties as such, and (2) with respect to the property of the named insure.d, to the person the' insured's liability, nor shall the company be Implead~d as Insured, but only by the insored or his legal representative. 8ankruptcy or having proper temporary custody thereof, In. of the legal represen. solvency of the insured or of l~e ins~red:s estate shall until the appointment and qualification not relieve the company of any of Its obligations hereunder. tative. 10. Three Year Policy If this policy is issued for a period of. 6. Other Insurance The Insurance afforded by t~is polity three years any limit of the company's is liability stated in this primary insurance, except when staled t~ apply In excess polciy as "aggregate" ~f shall apply separately to each consecuor contingent upon the absence 01 other tnsur~nce. When t~IS tive annual period thereof. insurance is primary and the Insured has other insuranCe whl~h is stated to be applicable to the loss on, an. ex.c.ess or contl~' Cancelation This policy may be canceled 11. by the named gent basis, the amount of the cOfl1pan~ s liability under thiS insured by mailing to the company written notice stating when policy shall not be reduced by the eXIStence of such other thereafter the cancelation shall be effective. This policy may insurance, be canceled by the company by mailing to the named Insured at notice stating When both this insurance and other insurance apply to the the address shown in this policy, written such cancelation shall loss on the same basis, whether primary, excess or conlingent, when not less than ten days thereafter be effective. The mailing of notice as aforesaid shall be the company shall not be liable under th!s policy fo~ a greater proof of notice. The effective date and hour of proportion of the loss than that stated0 the applicable can. sufficient 1 cancelation stateil in the notice shall become the 01 the end tribution provision below: policy period. Delivery 01 such written notice either by the {a} Contribution by Equal Shares. If all su~h o~er valid and named insured or by the company 01 shall be equivalent 10 collectible insurance provides for contflbutron by equal mailing. shares, the company shall not be liable for.a great~r pro. earned premium shall be portion of such loss than would be payable If each !nsurer If the named insured cancels, computed in accordance with the customary short rate table contributes an equal share until the share of each IOsurer and earned premium shall equals the lowest applicable limit of liability. under apy procedure. If the company cancels, be adjustment may be made one policy or the full amount of the loss is paid, and With computed pro rata. Premium either at the time cancelation is effected or as soon as respect to any amount of loss not so paid the remaining practicable after cancelation becomes effective, but payment insurers then continue to contribute equal shares of the or remaining amount of the loss until each such insu!er h.as tender 01 unearned premium is not a condition of cancela. tion. paid its limit in" full or the full amount the loss IS paid. 01 12. By acceptance of this policy. the named (b} Contribution by limits. If any of such other insurance does Declarations in the declarations are not prov,ide for contributton by equal shar.es, the companyinsured agrees that the statements his and representations, that this policy is issued shall not be liable for a greater proporllon of such loss agreements in and that this than the applicable limit of liabili1y und.er. this pol!c:Y for reliance upon the truth of such representations existing between himself and such loss bears to the total applicable limit of liability policy embodies all agreements of the company or any of its agents relating to this insurance. all valid and collectible insurance against such loss. 13. Mutual Policy Conditions. PARTICIPATION CLAUSE WITHOUT 7. Subrolation In the event of any payment under this policy, CONTINGENT lIABJLlTY. No Contingent liability; This policy is the company shall be subrogated to all the Insured's rights nonassessable. The policyholder is a member of the company. of recovery therefor against any person or organization and shall participate, and to the ex.tent and upon the conditions the Insured shall execute and deliver instruments and papers fixed and determined by the Board of Directors in accordance and do whatever else is necessary10 secure such rights. The with of dividends so insured shall do nolhing a Iter loss to prejudice such rights. the provisions of law, in the distribution fixed and determined. IN WITNESS WHEREOF, the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused this policy La be signed by ils president and secretary at Wausau, Wisconsin, and countersigned on the declarations page by a duly authorized repres.entative of the company.
!Z~
Secretary
11 3~
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 29 of 272
Page ID#: 49
- '~';_
93"50
"a-o"-:--:'--
100022
This endorsement ICAl PAYMENTS PERSONAl AND FARMER'S It is agreed that: I. The policy does Cl<ll apply: A. Under any. Liability Coverage, to bodily injury or property damaie (1) with respect to which an insured under the policy is also an insured under.a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance ~ss.ociati~n ~~ Canada, or would be an insured under any such policy but for its termination upon exhaustion of its. limit of liability; or . (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization . is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the !nsuredjs, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency i thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplemenlary Payments provision 10relating aid, to expenses first incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the I, I operation of a nuclear facility by any person or organization. I, C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear I material, if I' (1) the nuclear material (a) is al any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been i. discharged or dispersed therefromi " (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, II , transported or disposed of by or on behalf of an insured; or . (3) the bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or "equip. ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility. but if such facility is located within the United States of America, its territories or possessions or Canada, this(3) exclusion applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazmlous properties"include radioactive, toxic or explosive propertiesj "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byprod uct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; . " "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation I in a nuclear reactor; "waste" means any waste material (1) containing byproducf material and (2) resulting from the operation by any person or organization of any nuclear facility included within the delin ition of nuclear facility under paragraph (a) or (b) thereofj "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separa ting the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricaling or alloying of special nuclear male rial if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is localed consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all ope rations conducted on such site and all premises used for such opera tions; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self.supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive conlaminalion of property. HEW YORK EXCEPTION; The "Nuclear Energy Liability Exdusion Endorsement (Broad Form)" does not apply to Automobile Lia. bility Insurance in New York.
LIABILITY EXCLUSION ENDORSEMENT (Broad Form) modifies the provisions of the policy relating to All AUTOMOBILE LIABILITY, GENERAL LIABILITY AND "lED: INSURANCE OTHER THAN FAMilY AUTOMOBilE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE COMPREHENSIVE PERSONAL INSURANCE,
NUCLEAR
ENERGY
I:
All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded hereof.
by this
policy
as designated
on the
declarations
page
made
a part
I
AOOO9
G320
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 30 of 272
Page ID#: 50
Wausau.lnsur,ince Companies
GENERAL AMENDATORY
It is agreed that the following definition is added:
93050 103059
ENDORSEMENT
LIABILITY ADDITIONAL DEFINITION
"loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for mDvement into or ontD an automobile or while it is in or on an automobile or while it is being moved frDm an automobile to the place where it is finally delivered, but "loading or unloading" does not include the movement of prDperty by means Df a mechanical device (other than a hand truck) not attached to the automobile.
All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded
by this policy as designated
. on the declaratiDns
page made a part hereof.
7.78
560.542
G542
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
, t
Page 31 of 272
Page ID#: 51
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Pllicy h1UIr
2322 00 039640
IIId Ad*B
WACKER SILTRCJ,IIC CORP. (SEE ENX>RSE1'NT 11)
Inanlls:
COU'ORAnON
7200 N.W. FRONT AVE.

PORTL..AN>, OR 91203
SU..-ARY OF .ISURAICE AID 'RElllUil CHAIIIU COWREHENSlVE GENERAL LIABILITY
INSURICE
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21,828
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Pans
560-4-1
;,Jed by:
..(1 EMPLOYERS INSURANCE OF WAUSAU A Mur ~ . \rIaLhad to Form 60-1., Ind Covenll Parts shown abon.. I I LUNOIS EMPLOYERS INSURANCE OF WAUSAU tached to For m J60-l.1 Ind CovtraQl'!Partuhown lboWl. j WAUSAU UNDERWRITERS INSURANCE COMPANY Allachild to Form W60-' Ind Coverllll Pllfts shown abon. ( ) WORLDWIDE UNDERWRITERS INSURANCE COMPANY Attached to Form W60-' and Coverage Parts shown IbovL
"t
Coun
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dby
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PRTD.USA
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 32 of 272
Page ID#: 52
I
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<''OMPIlEIIENSIVE GE.'ojERAl LIABILITY INSURANCf: COVERAGE PART
WACKER SILTRONIC
2322 00 039640
CORP.
CO"ERAGI- SCHEDULE
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R-PROPt::RTY DUf.\GE LIABILITY ",,11 11;Iy' h<h.1I "I' Ih, inllUrrd all <tIlII' ",h",h Ihe iIllured .hall he,'om Icll'lll) uhhgalcd 10 ~y u d~ma~ be'au of lin l O'H'r Jt.:\.-.\ hcklily injury .H I v .. ".,' II I'ro'p"rly tllln~1lC' '" "III, h II", ""UUI"-,' '1'I'h,'" .'JlI.",1 hy an OI,'cunt'n''e, and Ih~ ,'omp.ny ,h.1I ha." Ih" ri(:hl .00 duty 10 dc:fend any ,ull .pin,1 lhe in.,nd ,<"(k",~ .IJ""~'" "0 J"'''UI1I "I ,1I,'h ho\Iily injury ur IlfOperly dlme,e, r.rn ,I' ~ny of Ih~ .1I"Iallon, of Ihe ,uil Ire Jlroundlell, file or fraud"lcnI .111.1 lIlJ)' "'Jkt "lLh ,"""lilIall"n JIIlI ,,,I1I",cnt of .n~' d,um or .uil ,. il tleeml e,~lcnl. hul the l'Ompany ohoIllnOI be oblJpled 10 PlY Ifty IJII" '" Iud" III,'" , '" ,,, J.-fCIlJ an)' ""I ~fl", Ih" 'I'ph,.bk' Illnil ul the ,ompany', hahllrly h., bn e~haudcd hy ""t'menl of lud""mU Of I il,' ''''',!'.II'\,
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h"tlily Injun' '" property <I.mace ~fl,'n~ <l1I1 Ih~ ownrr<hlp, ma,nlcnan.'e. u~rallOn, u~, Joad,"~ <II unioatlll'l! of "I I Ilnl .ulOmohile u, .1111 LIIl <I" ",,<I or u~r.lc,1 tly '" renlcd or loaned III any inIured, or , "JIll' ",1"'1 IUlomubil~ ,,' ,lIrLlJIl oper,tc<l by any pe,-on In Ihe "our'" of hi, cmploymenl by any inlUred; hul II", ,',<ill""" tille, 1\01 .'pply 10 'he p~rkina of In lutomoblle on ",em,,,,,,, llwned by. rrnled 10 or oonlrolled by Ihe rsamed iftlUJ1ld Of II,c "''', lI11llle'lllalely",JJomon~. ,I' ,ueh lulomobile nol owned by or lenled or loaned 10 any iftlUftd; ,. , I" "'><lily injury nr pruP<'Yly dlma ri"n,: our of ,II rhe own""h,p, ma ,"Ie III""c. operllion, uoe, lo.dinJ or unlo.dUll of Iny mob" "'lUlpm nl hlk b,,"~ u ... ,n any pre<onan,:o:c1 orpmzed IIC'''. '!!Ccd or demolilion ,0nlr,1 Of in Iny ,lunllf13 1C1I';ly or In PR,[IC'C or d 0' 1'lcpafJlk>o for Jny 'ud, conl"'1 or nll'lIy or (21 I"" openllOn or Ule of ,ny lnowmobile or trliler dftilned for UIIC Iherewilh: ',III" hndily ,njury <I' pro'perly d.m ~JI\'"1t oul Ilf and 'n Ihe cour.r of the Irln'porl<lllOn of mobI. aqulPllle1l1 by an IlIeomobMc olllnrd or "!,,,'f.ltl"d ty l\r rt"l1h:J or 'uoined Iu In)'" insured: , I,. h,hly Injury "' pruperly damillt' all"ng OUI of Ihe own"nh,p, mainlenance, operallon. U''', 10ldonll or unlo.dln~ of II, "I', ".'"rdall ",,"~tI or op~alod 11)'ur renl",! or Joaned 10 any imwod, or I;' >I" . ,h", ".Ilernait "I"'lal~,1 by .ny p~r\(ln III the ,ounr of hi, "mploymrnl by Jny llllUred: hill 'I". ,."lu,loll ,In" n,,1 "pply III "'~Ier(filn .. 1I11rJohore on l'uml,C" owned by, renl"d 10 'lJ c"nllolled hy 1he named i-.d; ,n I.' "'kl~y mjury ," pro'I""ly dim ,,'"~ llul "I the d,,,,,hu.e, d"per l. rdel<e ur e..p" of "no" , .apors, 1001. (um"I, adch . IlL iiI, I ,,,", ,I1CIIlI,JI,. IIquIJ, ,,' ~a'<." "'",Ie malerlal, '>I olhrl jmlant . 'onllmrnlnl. or pollutanl' rnlo or upon lind, the almoophere Of Iny "."'"' ""H'C ,IF 1,,"11' lIt al hul Ih" ~\dU,,"n IIlle, nlll apply If ,urh dl"h.lIg", dnper\1ll, rdell'" or ~CI~ ,; luddfn and .celdenI31; ,,"" hotilly injury "r prop",ly dam dO<"lu Wlr, whelhrl or nol d.3Ied .. it war, rn,urrr~lIon, rrbo:lIlOn or revolution or 10 Iny let Of l ."'10111"," InCl,k,,1 In JII)' <If Ihe rur"llolnf!. wllh rc'p1 lu Illlt.ll'~III' ~""l11l\1 by Ih.' insured und"r an lneldmUlI eonlnel, IIr , '". '1""1\'<' I"r il,,1 31<1 IInd"I Ih SUl'plL'",,'nl.'y rSYllwnh p,o'l"on, " 'I" Ih~I,h injUl~ ", prop",Iy dlnlQe 101 Whldl II". inlured 0' hi, rndemn,I .< may br " Id hahk ,I, HI 1',"",,,, ,If ",~alll,all"n "1\1IJ~,'d In Ihe bu>inr" uf rnJnuf.'lunng, dl,tnbuling ..Ihnr: or ",rvi"!i slcoholk !It'.rr.ge., or
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Iht." in~rt!\J (If J\ lu '4hM.:h th~ iruured I, 10f Jn~' purPfl'lC Ct.CJl.:I""I ph)'llul conlrol: nol Jr~I). Vtllh rc=\~...:t10 hJblhfy undl.'" .I "rllten 'lJdetrack. 2pennmr .and part (3) ur this property dam.ag'e' {olhrr ltan 10 rle'YaCon. J'I'IoJn~ oul of rhe Ule of drnlOl' '1 Pfemn,t1 owned n
I)'
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560-4-1
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 33 of 272
Page ID#: 53
COMPREHENS[yE GENERALLlABTBW:m&RH3{}t<@8ERAGE PART
(Continued)
(I) to property damage to p.remhe~ ~lienated by the named insured arisin~ oul of su~h premises Or :lny part thereof. " (m) to los.! of usc of ungible property which hu not been physically injured or demoyed re.~ulling from ' (1) the delay in or bck of pe\forman,ee by or on behalf of Ihe turned insured of :lny eontr~el or agreement, or (2) lhe faIlure of the tumed Ins'JrC'C! s products 0{ worl: performoo by or on b<h~lf of the tumed inswC'C! 10 meet qualily'. Citnm or dur~bilily w~ranled Or repre~ented by the named insured;
the level
of performa. .
but this, exclusion does nO,t apply, \0 loss of u~ of other tangible property resulting from Ihe sudden and ;lccidefttal physical injury te destruction of lhe named Insured s products or work per{ormCll by or on behalf of the rwnecl insured after such produCL\ or work ~ been pul to usc by an)' person or orpniution other Hun an insured: (n) 10 property cUmage 10 Lhe named insured's products uising oul of ~"Uch products or ay part of such products: (D) to property dam~ to .work performed by or on beh~tf of the rumed Insured arising out of the wo", or any porlion thereof or ou materials, paIlS or equipment furnished in conneclion therewith: . . ' (p) 10 damagel claimed fo~ the withdrawal, inspection. repair . repbc-emenl, or lo.u oT USe of the TUmed inJured's producu or work cemple by or. ror th~ namC'C! Insured or of .ny ptOperl)' or which ~uch produ~t~ or work form 1I part, if such product.I, work or prOperlY withdr~wn from the market or rrom use b~~use of any known or suspecLed defect or d~fici~ncy therein: (q) to propa-ty damage included within: (1) the explosion h:te" (2) the 'coUapsc: lie". luurd Iuurcl in conn~.lion in connection damage with with ha=d operations opeTations identilicd identined with in lhi~ policy in this poli.y by a dJs~ifkatjon by a c1anifk3tion identified in thil polky code code number number which which includes includcs code the syrr lhe sym wh
(3) th. undctgJ'ound property includes the s)'mbol "u",
in ronntction
operations
by a cbssification
number
II. PERSONS
INSURED
Each of the following is an insured under this insurance to Lhe exlent set forth below: (a) if the named lnsuzed is designated in the decuration.< as an individual, Ihe person ~o de.,igNtecl but only with respect to the conduct 0 bu.~ness of which he h the sole proprielor, and the spouse of the named insured with respect to the conduct or such B busine!S; . (b) if the N1med insuzed is desi1!n3ted in the deeLuations as a p:ulnership or joint venture, the partnership or joint venture so de.lign.ted and parlner Dr member thereof but only with respect to his liabUity as sueh; (e) if the tumed insured is designaled In the deciaralion.I as other than an individual, pJrlnership or Joint venture, Ihe organiz.ation so dc:sign.al and an}' exeeutin officer. director nr stockholder thereof while ting within the :<cope or his dUlks as such; (d) any person (olher than an employee of lhe named insured) or organiz.ation whilt: Jeting ~s real ,,~Iate man~j;er for the named insured: Jnd (e) wilh yespect 10 the op~r:ltion. for Ihe purpo.le of 10L'Omotion upon; publk highway, of mobile equIpment registered under any motor Ychi registration law, (i) an employee of the turned Insured while operating =ny such I<lluipmcnl in the L'ouue of his employment, and (il) any olher p"r~n while operating wilh lhe permi",ion of rhe named insured lIny such equipmenl rc~islered in rhe n.>me of the nam insured and Jny per.\On or orpnizalion I<g~U)" re.lponsible for ~uch operation, but only il' there h no other \"3lid and collectible insufar nailable, eithcr nn a primary or c~ce~~ basis, La ~uch person or organizalion; provided Ihat no perMln or orj!anization shall be an insured under thi~ p:II";1yaph Ic) with respeel to: (I) bodily 1Jljury to any fellow "mployee of ~uch person injured in the course of his employment, or (1) propctly .lbmage 10 properl)' owned by, renled to, in charge of or o,,"upied by the TUmed insured or the employer of Jny penon descrit In ~ubparapaph (ii), ... .. This in'UTan;;e d"c.~ nL'1 appl)' ir.~urC\l h a parlner or member to bodily injury ur property damage arisinl: out or the condUCI 3nd which i~ nol designaled in this pOlk)" J~ a named insured.
01'
any
partnership
or joint
'venlure
of which
1II. LIMITS
OF LIABILITY
injury or property as follows: beeJuse liability damage, or I
H"''l:alul~" of lhe number of (I) insureds under this policy. (2) pw;onsor or~Jniz.alions who sustain bodily dain" made or suits brou$ht on account of bodily jnjury or properly damage, the company'~ liability Is limited Covc:nse A - Th" tur.1 liJbilily of Ihe compan)' for all dam3~es, Induding damages by one or more persons as the result of anyone OCXU1lenee :<h.U nOI exceed applicahle to ""'ll'h oc.eurrence." Suhjc-c:r 10 If,,, above proyj~ion resp~':lin~ ",,~ch occurTtnce", thetolalli.abiliry included within the completed operations h.zard and (2) 311 bodily injury bodily injury liability ~t~ted in lhe ::h"dul" D' "a~gregale". for care and los~ of services, Ihe limit or bodily injury
of bOOily Injury suslain staled in the schedule
or the induded
company for all damaE".' beeause wilhin Ihe procluclS haurd shall
of (I) =11 bodily inju not e,,~ecd the limit
Coverage Il-Thc tot.1 liability of thc compan)' for all damJ~~s bccau,e of all property d.mage sustained as th~ rc~ull of anyone occurrenee .~hall nol "~L-eed lhe limit of property danuge liabilily st~ted O\.'Cu.nencetl_ Suhjcct 10 the abuvc pro';$ion r.spe"lin~ whkh lhis ,'overa!;e upplies and de'crib"d slaled in the ~h"dule us "assr,,"\c'":
by on" in Ihe
Dr more schedule
persons or organintio as applic:.ble to "<:;I
"<:lch occurrence", the tOlalliability or the compa!,y for all damage. in any or the numbcred .ubpara~rJph, bdo ..~hJ.1I not e",eed the raled und~r
because of ull propeTly damage Iimir or property damage liabili
(I) all property damage arhing nul of premises or operations including lropa-ly damage for whiL'h liJbilily Is a,,~um.d ?fop-eTly amage included in ,uhparJj!1aph r21 bclow; (2) JIT' properly d~':lage (:eneral $Upel'ISlOn eontTaet relating to premises own~d b)' movine buildinp or
(3)
on a remuneration basi, or contr .:tor'~ equipment rated on a receipts b:11 uny incidental contractldJling to such prcmises Dr operations. but cxcludl .
~risinr OUI of ~ nd occu!ring in I~e ,..o~rse of operJrion~ performed for the ",,:med. in~~,~, by independent eonlra . t~rs a Ihereof by lhe named u:sured, Including any ~uch propCfty damage for wh,,:h ha~~lty U a,,~ume~ under any meld,en such operationl, but thIS Iubp;sr3p"ph 12) doe.I not Indudc properly dam.oge arISIng out or m ntenance or rep'lls or rented 10 the named insured or struclural alreralion.~ al su,h premi",' . h:h do not involve changing h the size of other ~lructures: included within Ihc prooucts h;uard and all prOpelly dam.ge included within the eompleted .bove. Opctutions and under hazard. subparapaphs (
all pro-perry
dam.ge
Su~h a~grepte limit sh.U apply separalely 10 Ih" property damage described in subparagrJpl1s (\ ),12) and 1:) and (~J. separately with r~pect 10 .:.a.h project aWa)' from premi.~", owned by or ren/cd to lhe IUmed iruurcd, Covenges continuous
A a.nd B -FClr the purpo'c of "dcrminin~ lhc limil of Ih~ compuny's liabUity. all bodily injury :tnd property dam.ge or r"pe~tcd exposure to ~ub'lantiJlly the ~me gencr~l conditions ~hall be L'Onsidered ~.I ~risin!! out of one occurrence,
arising
out
IV,POLICY
This
TERRITORY
applies only to bodily injUl')' or PTopetty dam"8e which occurs within the poliey ,enitory.
in3uranee
l~uc:.d
hy the Company
proYidin(:
Ihe in.~ur:lnce
afforded
by Ihis policy
as dcsignaled
co the
dedaratio",
pa!!e made
a p;lrt
hCT~or.
(M)
1-73
560-4-(
Paloe 2 of 2 Pag
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 34 of 272
Page ID#: 54
GENERAL LIABILITY HAZARDS

I ,JnJ.ed
'i\l)ft"'J
~.A.Cr.fi<. S I LTRCN !C CORP.
~
cr.
Policy No.
e..; tien p
(:>how ~y
~ ~~ ~
o
c
H Of ...-m . When AppIeab'el
I*"
fila,
coo.
Nurr~
"'emium yl A,. ISQ. Ft.l ItII Fran lei ,"-y,oll
--
_ ... -
--------_._-ldl To,.,
wI Pw 100 s.. Ft. 01 N_

Ibl . li_ lei P. IUJO foot
fit
.'='i~=
011
.
Schedule No.
,~
.. .....
.
2322 00 039640'
,
1 .
."
:.,,~.;;
" "'Iut'Y
.i.8aIif
~.:-;'~<
~---G~ERAL L!hBILITY--(COMPOSITE PATED)

PRODlX:TS ALL OTHER: AND COfoPLETEO OPERATICNi
eol'
1.1 Receipf1
Idl . 1100 01 T_I Cost lei Per 11.000 01"-'IRs
SALES
PER .093
,
1$1,000 .045
~ ~:'~ J_.' ::.... .-~_i-,
20050
(322)
107,000,000
9,951
~-::, ..,,~i'.~;:~ _'... .
"
4,815
,,_,~dl~,S~
.~.;:-'
.- " :
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jo ~,
'.
PREMISES & OPERATle-6; CWRS OR CCM"AACTORS PROTECTIVE; 8lAfET CONTRACl~L E'NlJORSEt-NT; SlFPLE1"NTARY COVERAGES ENOORSEfoNT; EfoPLOYEE BENEFITS
~'~'.~,'2rf~
~'"~;
20050 (22)
107,000,000
.047
.019
S;02g:.,
2,033
..,-~,',.,,-4
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 35 of 272
:
Page ID#: 55
,'
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$
InVOice Number
End.
Policy Number .:Assn. No~
2322 00039640
,',.
.:~.
'
~(,
r' -
NamedlnsUJedand Addr~. WACKER SILTRQt41C
~J
.
r"
;.
'0
This Endorsement is .tteettve Policy Period:
1 1 8~"
12:OU~ll. .
prw'" " ...,
This endorsement IIMIdffielsuch
iIsurInce II dordId bf till
fIIItiaI. the
11=
> :.::.
~'i',~l ,. ~.'. ..
:: ~~:~~
;..l.. ~;
c:a-PREHENSIVE GEtRAL LIABILITY
INSURANCE
.~ ".):$' .~~ ,,". ~~t

~,
~ti >
below IS In additional
It isagreed that the definition I ret' is lmended indudI U I ~ of the penaP or orpnizalill[lt4.1Iii~ IUIret IUbiKt thlloIIowinI prowiIiaM:., til " . ': ':t;~~ 1. TheIIIIIIId I named in 1 of the dectlratiDns is audIat1ZId IIlet for IIICh IdditionaI ) in I. maIWS :, pertliOlnl to this insuranc', indudin. receipt of not!;e of cancelation; Ind ,~, 2 Return premium. if Iny, Ind such dividends may be declIIed bf the corwpanystIall be Plid to the ~ IS I. named in . .:-; 3. The ulllcl IMIrId named in ItItIl of the ecIItItianI shall PlY till prIIIIium fat tbIiIIunnct affarded lilt'" III . d ins.rtd in Kcordll1Cl itIt the "*'1'11 rutllsIn UII by the ~pany; prowidId, ttIIt in IhI mnt of bInIIIvc*Y or k"'lfI~ of till":',, MIMd In rId named in Item 1 of the declllItiaM. udt 1dditiaftII 1-.d shd be ~ fur and "" to till' .~.; company the pmnium for the insurance Ifforded such additional ..., IaIrM. ... , Nothlnl contained herein shin affect any of rlCOftfY IS I tIIitNntwhich thlldditionaJ -.l1eHred would ritht if nat ,:.:
1 of the decllntions; and
'
..;: ...1
4.
"'ft
5
6.
desicnated IS Sl.Ich. .;.< .{ The Insurance Ipplies witt! resDed t/) ttle business .,-ations of theIdditional .-d IaMtd( s) in the states whichtIhs policy:;:: applies. "5 The nalMd illHrtd named in Item 1 of thededarltions d.cll" that firms nl. in the poIiey IS IIIMd -or as ;)~ additional nIIIItd IftlUrtft Ire owned or IinIncialtycontrollld by tM SlIM intlnlts.' .. ':' :!
,n
ofAdditlonllllllld Insurtdl
~J,~
WACKER OHICAL CORPORATI~
All other prOVISions and conditions remain unchanted.
Issued by the Company providing the Insuranr.e afforded bythis policy IS dftlillited
on the declarations PlI! made a part heriot. GMOI
(MI4-79
2 !k.
1 '
Co.
UCOV. T
Sales Clan
q
", : 1 14 81SG
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 36 of 272
Page ID#: 56
,'
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EN,DORSEMEMT InvOICe Numblt'
IIMl ie.
.1~~~f~;\~~;;< . .:;. ~f~J!\::;~F ..

End.
Dire
T
..
"
PolicyNil""*'
Aan.
No.
232200 039640
Nlmtd IMUr.d .nd Addmi
2
~P.
, . .:~
,
WACKER c;lLTRONIC
\~
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,: ~
'
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This EndDr1tlMnt iuffectiw "'icy '-.:

Invoice/Rlting Period:
1 1 81>"
to,
to
W"';?,:
12;01".11.,
PelleY. . It l1li ""
'.~
THIS ENOORS8'ENT toa>IFJES SUCH: I~E OF TJ-E POLICY RELATIN'i TO THE FOLLOWINi: CCM'REHENSIVE GBRAL LIABILITY
AS IS AFFORDED BYtE PROVISJ~ T
INS~
SINGLE LIMIT OF LIABILJTY IT IS AGREED THA.T1l "LIMITS REPLACED BY TI F~I~: JII. LIMITS OF LIABILITY. REGARDLESS OF TI- f\l.MBER OF (1) INSLRfDS IN)ER THI S POLI CY, (2) PERSONS OR ORGANIZATIONS Wi) SUSTAIN BODILY INJlRY OR PROPERTY [WwW;E, OR (3) CLAIMS MADE OR SUITS BR:CllXiHT ON ACCOlM OF BODI Ly I~Y OR PROPERTY DPl'1AGE, n CCH'ANY' S LIAB I LI TY I S LI MITED AS FOI..J.!)'l'S: LIMITS OF LIABILITY PER OC~. n LIMIT OF LIABILITY STATED BELOWAS APPLICABLE TO ''EACH OCCl,RRENCE" IS THE TOTAL LIMIT OF 1l CQ'oPANY'S LIABILITY IN)ER COVERAGES A PH) B CCo1BINED FOR AlL [WwW;ES FOR BODILY I~Y '*KJ PROPERTY DJlMAGE AS THE RESULT OF ANY ~ OCCUUIDCE. AGGREGATELIMIT OF LIABILITY. SUBJECT TO THE Af!I:NE PROVISI~ RESPECTIN:i "EACH OC~ENCE", '1l TOTAL LIABILITY OF THE c().tpANY lX'l>ER COVERAGES A /In) B CG'SUO FOR OF LIABILITY" PROVISION IS DELETED AN>
"
,'~
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G5907A
1M) 1179 $1, CI
PRTD. Kind
USA
1~62.1
1
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1.. 2 PIlla BROKER
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2 51
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
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Page 37 of 272
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ALL ON-'AGES BECAUSE OF ALL BODI LY IPURY /JHJ PROPERlY ~ StWJ. N)T EXCEED ll LIMIT'OF n LIABILITY STATED ~
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"AGGREGATE". SUCH AGGREGAte LIMIT SHa\LL N1PLY SEPARATELY WITH REsPECT TO FACH PROJECT NllAY FRaot PREMISES ClfDB'f' . OR RENTED TO Tt NIVoED IPfllRED. .
"\ ,.-.>.,. FOR 1l PlRPOSE OF DETERMININ; Tl LIMIT 01'n aM'ANV'S LIABILITY, ALL BODILY JtU.RY NoD PROPERTY MISI . OUT OF CONTIN.OJS OR REPEATED ~ TO 5U8STAN11ALLY 1) SN GEN!AAL CCDITICHS SHW. BE cn6IDEREDAS'MISDC our OF ON! OC~. ~"
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 38 of 272
Page ID#: 58
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DlJpHcate Original
\t\'c1usau Insurance Companies

COMBINATION CASUALTY POUCY
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MUTUALS-MEMBERSHIP AND VOTING NOTICE:The insured is notified that by virtue of this policy, he is a member of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, and is entitled to vote either in person or by proxy at any and all meetings of said company. The annual Meetings are held at its home office al Wausau, Wisconsin, on the fourth Friday 01 May. in each year, at :00 A.M. 9 .
Employers Insurance of. Wausau A Mutual Company

HOME OffiCE: WAUSAU, WISCONSIN
(Herein called
the company)
In consIderation of the payment of the premium. in reliance upon the statements in the declarations subject to all of the terms of this policy, agrees with the named insured as follows:
made
a part
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CDVERAGES
The insurance afforded by this policy is only with respect to such Coverages as are indicated by specific premium charge charges in the appropriate Coverage Schedule or Schedulesf 1he Coverage Part or Parts attached to and hereby made a 0 part of this policy.
or
SUPPLEMENTARY PAYMENTS to the applicable limit of court that part of the judgment which does not exceed the limit of the company's liability thereon; (a) all expenses incurred by the company, all costs taxed premiums on appeal ~nds 'reQuired in any such suit, pre. (b) against the Insured in any suIt defended by the company miums on bonds to release attachments in any such suit and all interest on the entire amount any judgment of for an amount not in excess of the applicable limit of therein which accrues after entry of the judgment and liability of this policy, and the cost of bail bonds required before the company has paid tendered or deposited in or of the insured because of accident or traffic law violation The company liability: will pay, in addition
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 39 of 272
Page ID#: 59
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arising out of the use of any vehicle to which this policy policy appliesj applies, not to exceed $250 per bail bond, but the com. pany shall have no obligation to apply for or furnish any reasonable (d) expenses incurred by the insured at the com. such bonds; pany's request in assisting the company in the investiga. (c) expenses incurred by the insured for first aid to others tion or defense of any claim or suit, including actual loss at the time of an accident, for bodily Injury to which this of earnings not to exceed ~2~ per day. DEfINITIONS forming (b) the existence of tools, un installed equipment or abandoned or unused materials, or . "automobile" means a land motor vehicle, trailer or semi.(c) operations for which the classification stated in the policy trailer designed for travel on public roads (including any or in the company's manual specifies "including completed machinery or apparatus attached thereto), but does not in. operations"; cludemobile equipment; "elevalor" means any hoisting or lowering device to connect "bOdily injury" means bodily injury, sickness or disease floors or landings, whether or not in service, and all appliances sustained by any perSOll which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway, period, including death at any time resulting therefrom; runway, power equipment and machinery; but does not include "collapse haz.ard" includes "structural property damage" an automobile servicIng hoist, or a holst without a platform power or if not as defined herein and properly damage to any other property outside a building if without mechanical at any time resulting therefrom. "Structural property dam. attached to building walls, or a hod or material hoist used in or demolition operations, or an inclined . age" means the collapse of or structural injury to any buildingalteration, construction or a dumb. or structure due to (1) grading of land, excavating, borrowing, conveyor used exclusively for carrying property waiter used l'xclusively for carrying property and having a filling, back.filling, tunneling, pile driving, cofferdam work or height not exceeding four (eet; caisson work or (2) moving, shoring, underpinning, raising orcompartment demolition of any building or structure or removal or rebuild. ing of any structural support thereof. The collapse hazard does "explosion hazard" includes property damage arising out of not Include property d"maEe (1) arising out of operations blasting or explosion. The explosion hazard does not include performed for the named insured by independent contractors, property dama~e (1) arising out of the explosion of air or steam or !2l included within the completed operations hazard or the vessels, piping under pressure, prime movers, machinery or equipment, or (2) arising out of operations underfround property damage hazard, or (3) for which liability power transmitting performed for the named insured by independent. contractors, is assumed by the insured under an Incidental contract; or (3) included within the completed operations hazard or the "completed operations hazard" includes bodily injury and underground property damage hazard, or (4) for which liability is property damaEe arising out of operations or relia~ce upon a assumed by the Insured under an Incidental contract; representation or warranty made at any time with respect thereto, but only if the bodily Injury or property damage occurs "incidental contract" means any written (1) lease of pre. after such operations have been completed or abandoned andmises, (2) easement agreement, except in connection with occurs away from premises ownedby or rented to the .named construction or demolition operations on or adjacent to a insured. "Opera tions" include materials, parts or equipment railroad, (3) undertaking to indemnify a municipality required with work for furnished in connection therewith. Operations shall be deemed by municipal ordinance, except in connection completed at the earliest of the following times: the municipality, (4) sidetrack agreement, or (5) elevator maintenance agreement; (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, "insured" means any person or organization qualifying as (2) when all operations to be performed by or ~n behalf of thean insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately named insured at the site of the operations have been to each insured against whom claim is made or suit is completed, or brought, except with respect to the limifs of the company's (3) when the portion of the work out of which the injury or liability; damage arises has been put fo its intended use by any person or organization other than another contractor or "mobile equipment" means a land vehicle (including any subcontractor engaged in performing operations for a prin. machinery or apparatus attached thereto), whether or not cipal as a part of the same project. se:lf.propelled, (1) not subject to motor Vehicle registration, or owned by or Operations which may require further service or maintenance (2) maintained for use exclusively on premises rented to the named insured, including the ways immediately work, or correction, repair or replacement because of any adjoining, Of (3) designed for use principally off public roads, delect or deficiency, but which are otherwise complete, shall or (4) designed or maintained for the sole purpose of affording be deemed completed. mobilily to equipment of the following types formin~ an attached to such vehicle: The completed operations hazard does not include bodilyintegral part of or permanently injury or property damage arising out of power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix.in-transit lype); graders, scrapers, (a) operations in conn ection with the transportation of proper- rollers and other road construction or repair equipment; ty, unless the bodily injury or property damage arises outair-compressors, pumps and generators, including spray!ng. of a condition in or on a vehicle created by the loading or welding and bunding cleaning equipment; and geophYSical unloading thereof, exploration and well servicing equipment; . When used in this a part hereof): policy (including endorsements
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 40 of 272
Page ID#: 60
(\=======================93~6o=Hm8~~
"products hazard" includes bodily injury and property dam. age arising out oJ the n"amed Insured's" products or reliance upon a representation or warranty made at any time with "named insured's products" means goods or products man. respect thereto, but only if the bOdily injury or property damufactured, sold, handled or distributed by the named Insured afe occurs away from" premises owned by or rented to the or by others trading under his name, including any conlainer named insured and after physical possession of such products thereof (other than a vehicle), but "named insured's products" has been relinquished to others; shall not include a vending machine or any property other than such container, rented to or located for use of others "property damage" means (I) physical injury to or destrucbut not soldj ~ion o! tangible property which occurs during the policy period, including the loss of use thereof any time resulting there. at "occurrence" means an 3ccident, including continuous or from, or (2) loss of Use of tangible property which has not been repeated exposure to conditions, which results in bodily Injury physically injured or destroyed provided such loss of use is or property damafe neither expected nor intended from the caused by an occurrence during the policy period; slandpoint of the fnsUredj "underround property damate hazard" includes under. "policy territory" means: ground property damage as defined herein and property dam. age to any other property at any time resulting therefrom. (I) the United States of America, its territories or possessions, "Underground property damage" means property damage to or Canada, or wires, conduits, pipes, mains, sewers, tanks, tunnels, any (2) international waters or air space, provided the bodily injury similar property, and any apparatus in connection therewith. or property damage does not occur in the course of lravel . beneath the surtace of the ground or water, caused by and or transportation 10 or from any other country, state or occurring during the Use of mechanical equipment for the nalion, or purpose of grading land, paving, excavating, drilling, borrowing, filling, back.fjlling or pile driving. The underround prDperty (3) anywhere in the world with respect to damages because of damage hazard does not include property damage (1) arising bodily injury or property damage arising out of a product out of operations performed for the named insured by inde. which was sold for use or consumption within the territory pendent contractors, Dr (2) included within the completed oper. described in paragraph (I) above, provided the original suit atlons hazard, for which liability is asSummed by the (3) or jar such damages is brought within such territory; insured under an incidental conlract.
CONDLTlDNS
"named Insured" means theperson or organization in Item I. of the declarations of this poliCYj
named
1. Premium All premiums for this policy shall be computed in proof of financial responsibility for the future under the as accordance with the company's rules, rates, rating plans, pre-provisions. of any motor vehicle financial responsibility law, miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily injury afforded herein. liability or for property damage liability shall comply with the and Premium designated in this policy as "advance premium" provisions of such law to the extent of the coverage is a deposit premium only which shall be credited to the limits of liability required by such law. The insured agrees to amount of the earned premium due at the end of the policy reimburse the company for any payment made by the com. period. At th e close of each period (or part thereof terminating pany which It would not have been obligated to make under with the end of lhe policy period) designated in the declara.the terms of this policy except for the agreement contained tions as the audit period the earned premium shall com. in this paragraph. be puted for such period and, upon notice thereof to the named Insured, shall become due and payable. If the total4. Insured's Duties in the [vent of Occurrence, Claim Or Suit earned premium for the policy period is less than the premium previously paid, the company shall return to the named insured (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also the unearned portion paid by the named insured. reasonably obtainable information with respe"ct to the lime, The named insured shall maintain records of such informaplace and circumstances thereof, and the names and tion as is necessary for premium computation, and shall send addresses of the injured and of available witnesses, shall copies of such records to the company at the end of the be given by or for the insured to the company or any of policy period and at such times during the policy period as its authorized agents as soon as practicable. the company may direct. (b) If claim is made or suit is brought against the insured, 2. Inspection and Audit The company shall be permitted but the Insured shall immediately forward to the company every received by not obligated to inspect the named Insured's property and demand, notice, summons {If other process operations at any time. Neilher the company's right to make him or his representative. inspections nor the making thereof nor any report thereon (cl The insured shall cooperate with the company and, upon shall constitute an undertaking, on behalf of or for the benefit the company's request, assist in making settlements, in of the named Insured or others, to determine or warrant that the conduct of suits and in enforcing any right of conlri. such property or operations are safe or healthful, or are in bulion or indemnity against any person or organization compliance with any law, rule or regulation. who may be liable to the Insured because of injury or damage with respect to . /hich insurance is afforded under The company may examine and audit the named insured's books and records at any time during the policy period and this policy; and the insured shall attend hearings and trials extensions thereof and within three years after the final ter. and assist in securing and giving evidence and obtaining of witnesses. The insured shall not, exce~t mination of this policy, as far as they relate to the subject the altendance at his own cost, voluntarily make any payment, aSSume matter of this insurance. any obligation or incur any expense other than for firsl J. Financial Responsibility Laws When this policy is certified aid to others at the time of accident.
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 41 of 272
Page ID#: 61
5. Action A~a;nst Comp3ny No action shall lie against the company unless, as a condition precedent thereto, there shallB. Chan~es Notice to any agent or knowledge possessed by any !I have been full compliance with all of the lerms of this policy, agent or by any other person shall not effect waiVer or a nor until the amount of the In!ured's obligation to pay shall change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall have been finally determined eilher by judgment against the the terms of this policy be waived or changed, except, by Insured after actual trial or by written agreement of the endorsement issued to form a part of this policy. insured, the claimant and the company. Any person or organization or the legal representative there- 9. Assignment Assignment Of interest under this policy shall of who has secured such judgment or written agreement shallnot bind the company until its consent is endorsed hereon; if, thereafter be entitled 10 recover under this policy to the extent however, the named insured shall die, such insurance as is of the insurance afforded by this policy. No person or organ. afforded by this policy shall apply to the named insured's (1) ization shall have any right under this policy join the com. legal representative, 10 as the named insured, but only while pany as a party to any action against the insured to determine acting within the scope of his duties as such, (2) with and the' insured's liability, nor shall the company be impleadedrespect to the property of the named insured, to the person by the insared or his legal representative. Bankruptcy or in. having proper temporary custody thereof, as insured, but only solvency of the insured or of the insured's estate shall not until the appointment and qualification of the legal represen. tatlve. relieve the company of any of its obligations hereunder. 6. Other Insurance The Insurance afforded by this polity 10. Three Year Polic)' If this policy is issued for a period of. is three years any limit of the company's liability stated in this primary insurance, except when stated to apply In excess of to each consecuor contingent upon the absence of other insurance. When thispolciy as "aggregate" shall apply separately insurance is primary and the Insured has other insurance whichtive annual period thereof. is stated to be applicable to the Joss on an excess or contin- Cancelation This policy may be canceled 11. by the named gent basis, the amount of the company's liability under this insured by mailing to the company written notice stating when policy shall not be reduced by the existence of such other thereafter the cancelation shall be effective. This policy may insurance. be canceled by the company by mailing to the named Insured When both this insurance and other insurance apply to the the address shown in this policy, written notice stating at loss on the same basis, whether primary, excess or contingent, when not less than ten days thereafter such cancelation shall the company shall not be liable under this policy for a greater be effective. The mailing of notice as aforesaid shall be proportion of the loss than that stated in ttle applicable cansufficient proof of notice. The effective .. date and hour of tribution provision below: cancelation stateCl in the notice shall become the end of the policy period. Delivery of such written notice either by the hi} Contribution by Equal Shares. If all of such other valid and named Insured or by the company shall be equivalent to, . collectible insurance provides for contribution by equal mailing. shares, the company shall not be liable for a greater propremium shall be portion of such loss than woul~ be payable if each !nsurer If the named insured cancels, earned short rate table contributes an equal share until the share of each ,"surer computed in accordance with the customary and procedure. If the company cancels, earned premium shall equals the lowest applicable limit of liability under any be may be made one pol icy or the full amount of the loss is paid, and with computed pro rata. Premium adjustment is effected or as soon as respect to any amount of loss not so paid the remainingeither at the time cancelatioll practicable after cancelation becomes effective, but payment insurers then continue to contribute equal shares of the or remaining amount of the loss until each such insu!er h.as tender of unearned premium is not a condition of cancela. tion. paid its limit in' full or the full amount of the losspaid. IS By acceptance of this policy, the named (b) Contribution by limits. If any of such other insurance does 12. Declmlions in the declarations are not provide for contribution by equal shares, the company insured agrees that the statements his that this policy is issued shall not be liable for a greater proportion of such foss agreements and representations, in and that this than the applicable limit of liability under this policy for reliance upon the truth of such representations policy embodies all agreements existing between himself and such loss bears to th e total applicable limit of liability of the company or any of its ag.ents relating to this insurance. all valid and collectible insurance against such loss. 13. Mutual Policy Conditions. PARTICIPATION CLAUSE WITHOUT 7. Subrolation In the event of any payment under this policy, CONTINGENT lIABJLlTY. No Contingent liability; This policy is the company shall be subrogated to all the Insured's rights nonassessable. The policyholder is a member of the company. of recovery therefor against any person or organization and and shall participate, to the extent and upon the conditions the Insured shall execute and deliver instruments and papers fixed and determined by the Board of Directors in accordance and do whatever else is necessary to secure such rights. The with the provisions of law, in the distribution of dividends so insured shall do nolhing a fler loss to prejudice such rights. fixed and determined. IN WITNESS WHEREOF, the EMPLOYERS INS~RANCE OF WA~SAU A Mutual Company has caused this poli~y to be signed .by its president and secretary at Wausau, WisconSin, and countersIgned on the declarations page by a duly authOrized repres.entatlve of the company.
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 42 of 272
Page ID#: 62
-This endorsement
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(Broad Form) . modifies the provisions of the policy relating to All AUTOMOBilElIABIUTY GENERALLIABILITY MED. AND
NUCLEAR ENERGY LIABILITY
EXCLUSION ENDORSEMENT
ICAl PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOB"LE COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE. '
It is agre ed that: I. The policy does not apply: A. Under any' liability Coverage, to bOdily injury or property dama~e (1) with respect to which an Insured under the policy is also .an insured under -a nuclear energy liability poncy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its" limit of liability; or . (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization . is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the Insured.is, or had this policy not been issued would be, entitled to indemnity from the United pIStates America, or any agency thereof, under any agreement entered into by the United States of America, or any agency i thereof. with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments prOVision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the I, operation 01 a nuclear facility by any person or organization. C. Under any liability Coverage, to bodily Injury or property damage resulting from the hazardous properties. of nuclear i, ,. male rial, if . (1) the nuclear maleri~1 {a) is at any nuclear facili1y owned by, or operated by or on behalf of, an insured or (b) has been I' i. discharged or dispersed therefrom; ,I (2) the nuclear malerial is contained in spent fuel or waste at any time possessed, handled, used, processed, stored,II transported or disposed of by or on behalf of an insured; or _ (3) the bodily Injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equip. ment in connection with the planning, construclion, maintenance, operation or use of any nuclear facility, such if but facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" -include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or bypro duel materialj "source material", "special nuclear material", and "byproduct materia'" have the meanings given them in the Atomic Energy Act 01 1954 or in any law amendatory thereof; _ . . ,. "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in aI nuclear reactDr; "waste" means any waste material (1) containing byproducf material and (2) resulting from the operation by any person or organization of any nuclear facility included within the delin ition nuclear facility under paragraph (a) or (b) thereof; 01 "nuclear facnlty" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separa ~ing the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging wasle, (c) any equipment or device used for the processing, fabricating or alloyin~ of special nuclear !"aterial if at. any. time the total amount of such material in the custody of the Insured at the premises where such equipment or ISdeVice located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235. (d) any structure, basin, excavation, premises or place prepare.d or used for the storage. or disposal of ~aste, and includes the site on which any of the foregoing is localed, all operations conducted on such site and all premIses used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to con lain a critical mass of fissionable. material; "property damage" includes all forms of radioactive contamination of property. NEW YORK EXCEPTION:The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile liability Insurance in New York.
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All other provisions and conditions remain unchanged. .'. . Issued by the Company providing the insurance afforded by th IS policy as deSignated on the declarations hereof. I
page made a part
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Case 3:11-cv-01493-ST
.:
Document 1-1
Filed 12/09/11
Page 43 of 272
Page ID#: 63
wausau Insurance Compames

G EN ERAl AMENDATORY.ENDORSEMENT
It is agreed that the 'following definition is added:
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"loading or unloading", with respecl to an automobile, means the handling of property after it is moved from the place where it is. accepted for movement into or onlo an automoQile or while it is in or on an automo bile or while it (s being moved from an automobile to the place where it is finally delivered, but "loading or unloading" does not include the movement of properly by means of a mechanical device (other than a hand truck) not attached10 the automobile.
All other provisions and conditions remain unchanged. " .' Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof.
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 44 of 272
Page ID#: 64
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 45 of 272
Page ID#: 65
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 46 of 272
Page ID#: 66
GENERAL LIABILITY HAZARDS ~

N.rned '''--' ..-. .~_ ..__ ;"'':R
D
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( CCRP.
l-.n No,
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PolicyNo.2323 00 039640
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IJIilIry
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~No. F '
1
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- -GE.NERAl
L1ABlllTY(cafl)51 TE RATED) CCHJLETEO CPERATlCNS
SALES
Cal tOO Ft. fIA AI-. lbI . Foot Id .,. ,..... Idl _ TClIII lei ., #
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.034 S,180 2,516
PER
$1,,000
PRODUCTS ~ ALL OTHER:
20050 (22)
74,000,000
.070
PREMISES & OPERATlCHi; CWRS (R COffRACTORS PROTECTIVE; BlANKET COffRACTUAL. ~; Sl.PPlDENTARY CCNERAGESEN:lORSEJe(T; e-PLOYEE BaEFITS
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
-------
Page 47 of 272
Page ID#: 67
.
1- ',A, :
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"
inVOIce Number
InVOlClDate
End.
Policy Assn. 232500 039640 MImed Insurtd IIld Add,...
ND. 1 ' '. .
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WACKER TR~I C r.MP. 5'l
1 1 82
to
nUl
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it IfJardId br till prowllilnl".

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Ca-PR&ENSIVE
LIABILITY
INSLR.fNCE
It IS '&ned thlt the dIflnitiDn01 itlftlllldld lit include ~ till I*'lOl ar orpnizltian dl f.~:; below IS In Iddltlonlt IUbiId to the prowisjana: . 1 Tilt 1 1IIIIId in !tim the declarltions is IUthoriZId told such Idditionlt 1of ) in "1IIIIIrI pertllft'"1 to till, 1ftIUrIIICI,indudinl rtetipt of notice of cancelation; and 2 Retur" premium, if 1IIY,Iftd such dMdends II may be dtclalld br the company shill be paid to the named in !till 1 of tIW dedIrItions; lid 3 rIW __ I nIIMd in of the dldllItions shII PlY lilt prIIIliuIII. till insurlllCt Iftarded the IdditionII ~ 1 I In ICCOfdInct UII manual rutIs in use '" the company; pmidId, IhIl in till Mnt of bllWupCq ar qof till I,...,. ftlmecl in 1 of the dtdIntions.lldlldditionaI slid be rISIIOftSibIear and shill PlY II tilt f COIftPiftytilt prlfftiulll far the insurlllCt ItIordId such IdditionII 4 Nottll"1 contained hertin""11ffIct any npt of rlCOWfYII I elIlmant whicIt tIIIldditionII ..., !111Mwould lint if nat.
destpItId IS slICh.
The !MUrine. I""

.1)CIIIa.
with respact to the bustness opentions of the 1dditionII
1IIIrICI(.) in tht stItn 10which thia policy 0111
Tilt iddlttOnlt
..-M .
,
named in /tim of the dtcllntlons dtcIa tIIat II firma IIIIIId in tM policy 1 11'1owned or finlncilIIr controIId '" tM 11l1li inaJrIIb.
N of Additional N
WACKER Q-IEM I CAL
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 48 of 272
Page ID#: 68
DOR'UlIIT
I!WOCI
o 396ltO 2 J2 J 00
NI"" IMIIIM1M Addr_
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wittl tilt policy. tiN tilt ldchIaof die inarH II

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1~=SaenOF M Pa.ICY
t-mIFIES llsu:H INSUR.ANCE AS IS ~ RELATING TO 1l' FOLLOWING:
BY 1l PROVISI<M
... ~~~~ .~'~ ..
C()tof'RaNS I 'IE GENERAL LI MIL I TV I NSUUlNCE 5 INGLE LIMIT OF LIABILITY OF LIABILITY" PROVISIOti IS DELETED Pf.lD
IT IS AGREED ~T 'Tl-fE "LIMITS REPLACED BY THE FOLLo.IING: III. LIMITS QF LIABILITY.
REGARDLESS OF Tt Nl.f'8ER OF (1) INSl.REDS I..NDER THIS POLICY, (2) PERSONS OR OR:C'iI\NIZATIONSWt() SUSTAIN BODILY INJLRY OR PR<PERTY DPMAGE, OR (3) CLAIMS MPDE ~ SUITS BRt:M..QiTON ACCOlNT OF BODILY I~Y OR PROPERTY DPl'WiE, Tt CQoPPNY'S LI AB I LI TY IS LI MI TED PS FOLLo.IS: LIMITS OF LIABILITY PER OCClRRENCE. Tt LIMIT OF LIABILITY STATED BEL()iI AS PPPLIU8LE 10 "EACH OCC~RENCE" IS THE lOTAL. LI MIT OF THE C1Jl'oPPf.lY' LI ABI L I TV LNDER CO'IER.4GES A S /lNO B CO"'6INED FOR ALL D/lMAGES FOR BODILY INJLRY .AND PROPERTY0N0'AGE AS mE RESULT OF PHi ON: OCC~RENCE. AGGREGATE LIMIT OF LIABILITY. Sl.&JECT 10 THE AlI:JVE PROVISION RESPECTING "EAQ-t OCC~RENCE", THE TOTAL L1PBILITY OF Tt C:OW.ANy ~DER CX>VERAGES .4ND B CX'B1tD FOR A
G5907A
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 49 of 272
Page ID#: 69
I.DOIIIMENf (Contlnut4t
ALL CN1PGES BECAUSE OF ALL BODILY I~URY NtIJ PRa'ERlY DAMAGE SHALL ~T EXCEED THE LIMIT OF THE LIABILITY STATED Baow AS "AGGREGATE". SLOt AGGREGATE LIMIT 5tW..L PPPLY SF.PMATaY WITH RESPECT 10 EAOt PROJECT AllAY FI04 PREMISES 0fED BY: OR ReNTED TO 1l NND INSURED. FOR 'THE PlRPOSE OF tETERHINI~ Tt LIMIT OF THE Df'1NY'S' C LI.68ILITY, ALL BODILY l~lRY PN> PROPERTYI:WWiE ARISINi' OUT OF CXM"1N.nJS OR REPEATED EJCPOSURE TO St.8ST~JALLY 1) SNo GEtEAAL aN>ITICNS SI'W.L BE CONSJ[~REO ItS MISIN& OUT OF CH OCC\.RRENC!. " LIM IT OF LI ASI LI TY PER OCCl.RRENCE: AGGR!GAT! LIMIT Of LIABILITY:
$l,nOO,Ooo !ACH~~
$1,000 ,OOO-'~~~Ji~~~t:.t;:
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!nd condthon~ l\!m'In unchanll!d Ll)fT1p.,nyprowldln" the ll'lsurlnce Itfordt!d by this pohcy IS deSl&l'IIted on the decllrations
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Pate 2 01 2 Pates
I.
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 50 of 272
Page ID#: 70
93l)50 100022
Duplicate Original
'Wlusau Insurance Companies

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MUTUAlS-M EMPLOYERS meetj~g-s of May. In each
EMBERSHIP AND VOTING NOTICE: insured is notified that by virtue of this policy. he is a member of the The INSURANCE OF WAUSAU A Mutual Company, and is entitled to vote either in person or by proxy at any and all said company. The annual Meetings are held at its home office at Wausau. Wisconsin. on the fourth friday 01 year, at9:00 A.M.

HOME OffiCE: WAIJSAU. WISCONSIN
[Herein called
the company)
In consideration of the payment of the premium. in reliance upon the statements in the declarations subject to all of the terms of this policy, agrees with the named insured as follows:
made
a part
hereof
and
COVERAGES
The insurance afforded by this policy is only with respect to such Coverages as are indicated by specific premium charge or charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts attached to and hereby made a part 01 this policy. SUPPLEMENTARY PAYMENTS to the applicable limit of court that part of the jUdfment which does not exceed the limit of the company's iability thereon; (a) all expenses incurred by the company, all costs taxed premiums On appeal bonds required in any such suil, pre. (b) against the Insured in any suit defended by the company miums on bonds to release attachments in any such suit and all interest on the entire amount of any judgment for an amount not in excess of the applicable limit of therein which accrues after entry of the judgment and liability of this policy. and the cost of bail bonds required before the company has' paid or tendered or deposited in of the insured because of accident traffic law v;olation or The company liability: will pay, in addition
t .__._ "--;-. -:-~ __ "

9-79
-----_._--------Exhibit A Page 50 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 51 of 272
Page ID#: 71
'!
arising Dut Df the use of any vehicle to which this policy policy applies; applies, not to exceed $250 per bail bond, but th.e com. (d) expenses incurred by the insured at the company shall have no obligation to apply for or furnish any reasonable pany's request in assisting the company in the investigasuch bonds; tion or defense of any claim or suit, including actual loss (c) expenses incurred by the insured ~or. f~rst aid to. othe:s of eamings not to exceed $2~ per day. at the time of an accident, for bodIly inJury to which this
DEFINITIONS
. When used in this a part hereof):
policy
(including
endorsementsforming
(b) the existence of tools, uninstalled or unused materials, or
equipment"
or abandoned
"automobile" means a land motor vehicle, trailer or semi. operations (c) for which the classification stated in the policy trailer designed for travel on public roads (including a.ny or in the company's manual specifies "including completed machinerY or apparatus attached thereto), but does not In. operations"; c1udemobile equipment; "elevator" means any hoisting or lowering device to connect "bodily injury" means bodily injury, sickness or diseasefloors or landings, whether or not in service, and all appliances sustained by any person which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway, period, including death at any time resulting therefrom; runway, power equipment and machinery; but does not include servicing hoist, or a hoist without a platform "collapse ha:z..ard" includes "structural property damage" an automobile a building if without mechanical power or if not as defined herein and property damage to any other propertyoutside attached to building walls, or a hod or material hoist used in at any time resulting therefrom. "Structural property dam. construction or demolition operations, or an inclined age" means the collapse of or structural injury to any buildingalteration, used exclusively for carrying property or a dumbor structure due to(1) grading of land, e~cavating, borrowing, conveyor waiter used rxclusively for carrying property and having a filling, back.filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four feet; caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuild. hazard" includes property damage arising out of ing of any structural support thereof. The collapse hazard does "explosion not include property damage (1) arising out of operations blasting or e~plosion. The explosion hazard does not include performed for the named insured by independent contractors, property damage (1) arising out of the e~plosion of a ir or steam vessels, piping under pressure, prime movers, machinery or or (2) included within the completed operations hazard or the equipment, or (2) arising out of operations underground property damage hazard, or (3) for which liabilitypower transmitting performed for the named insured by independent contractors, is assumed by the insured under an incidental contract; or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability "completed operations hazard" includes bodily injury and contract; property damage arising out of operations or reliance upon is Bssumed by the insured under an incidental a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs "incidental contract" means any written lease of pre(1) after such operations have been completed or abandoned and mises, (2) easement agreement, except in connection with occurs away from premises owned by or rented to the namedconstruction ordemolrt.ion operations on or adjacent to a insured. "Operations" include materials, parts or equipment railroad, (3) undertaking to indemnify a municipality required furnished in connection therewith. Operations shall be deemed by municipal ordinance, except in connection with work for completed at the earliest of the following times: the municipality, (4) sidetrack agreement, or (5) elevator rna intenance agreement; (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, "insured" means any person or organization Qualifying as an (Z) when all operations to be performed by or on behalf of the insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately named insured at the site of the operations have been completed. or to each insured against whom cia im is made or suit is brought, e~cept with respect to the limiis of the company's (3) when the portion of the work out of which the injury liability; or damage arises has been put fo its intended use by any person or organization other than another contractor or "mobile equipment" means a land vehicle (including any subcontractor engaged in performing operations for a prin.machinery or apparatus attached thereto), whether or not cipal as a part of the same project. se:lf.propelled, (1) not subject to motor vehicle registration, or for use exclusively on premises owned by or Operations which may require further service or maintenance (2) maintained rented to the named insured, including the ways immediately work, or correction, repair or replacement because of any adjoining, Of (3) designed for use principally off public roads, defect or deficiency, but which are otherwise complete, shall or (4) designed or maintained for the sole purpose of affording be deemed completed. mobility to equipment of the following types forming an The completed operations hazard does not include bodily integral part of or permanently attached10 such vehicle: injury or property damage arising out of power cranes, shovels, loaders, diggers and drills; concrete type); graders, scrapers, (a) operations in connection with the transportation of proper-mixers (other than the mix-in.transit roll or repair equipment; ty. unless the bodily injury or property damage arises out ers and other road construction air-compressors, pumps and generators, including spraying, of a condition in or on a vehicle createdy the loading or b welding and buDding cleaning equipment; and geophysical unloading thereof, exploration and well servicing equipment;
-- ---------- - --Exhibit A Page 51 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 52 of 272
Page ID#: 72
===========================:::;~3g50=Hm8~2:=================il
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"products hazard" includes bodily injury and property dam. age arising out oJ the n"amed insured's products or reliance upon a representation or warranty made at any time with "named insured's producls" means goods or products man. respect thereto, but o!lly if the bodily injury or property damufactured, sold, handled or distributed by the named insured to the or by others trading under his name, including any containerage occurs away from. premises owned by or rented of such products thereof (other than a vehicle), but "named insured's products" named insured and after physical possession has to others; shall not include a vending machine or any property other been relinquished than such container, rented to or located for use of others "property damage" means (I) physical injury to or destruc. but not soldi tion of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting there. "occurrence" means an accident, including continuous or from, or (2) loss of use of tangible property which has not been repeated exposure to conditions, which results in bodily injury physically injured or destroyed provided such loss of use is or property damage neither expected nor intended from the caused by an llccurrence during the policy period; standpoint of the insured; "underiround property damage hazard" includes under"policy territory" means: ground property damage as defined herein and property dam. therefrom. (1) the United States of America, its territories or possessions, age to any other property at any time resu/ling "Underground property damage" means property damage to or Canada, or wires, conduits, pipes, mains, sewers, tanks, tunnels, any (2) international waters or air space, provided the bodily injury similar property, and any apparatus in connection therewith, or property damage does not occ4r in the course of travel beneath the surface of the ground or water, caused by and or transportation 10 or from any other country, state oroccurring during the use of mechanical equipment for the nalion, or purpose of grading land, paving, excavating, drilling, borrowing, property (3) anywhere in the world with respect to damages because filling, back-filling or pile driving. The underfround of damage hazard does not include property damafe (l) ariSing bodily injury or property damage arising out of a product out of operations performed fur the named insured by inde. which was sold for use or consumption within the territory or (2) included within the completed operdescribed in paragraph (1) above, provided the original suitpendent contractors, ations hazard, or(3) for which liability is assummed by the ior such damages is brought within such territory; insured under an incidental conlract. CONDlTIDNS 1. Premium All premiums for this policy shall be computed in as for the future under the accordance with the company's rules, rates, rating plans, pre- proof of financial responsibility provisions. of any motor vehicle financial responsibility law, miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily injury afforded herein. liability or for property damage liability shall comply with the Premium designated in this policy as "advance premium" provisions of such law to the extent of the coverage and is a deposit premium only which shall be credited to limits of liability required the by slJeh law. The insured agrees amount of the earned premium due at the end of the policy reimburse the company for any payment made by the comto period. AI the close of each period lor part thereof terminating pany which it would not have been obligated to make under with the end of the policy period) designated in the declara. the lerms of this policy except for the agreement contained in tions as the audit period the earned premium shall be com- this paragraph. puted for such period and, upon notice thereof to the named insured, shall become due and payable. If the total Insured's Duties in the Event of Occurrence, 4. Claim Or Suit earned premium for the policy period is less than the premium written notice containing previously paid, the company shall return to the named insured (a) In the event of an occurrence, particulars sufficient to identify the insured and also the unearned portion paid by the named insured. reasonably obtainable informalion with respe'ct to the lime, The named insured shall maintain records of such informaplace and circumstances thereof, and the names and tion as is necessary for premium computation, and shall send addresses of the injured and of available witnesses, shall copies of such records to the company at the end of the ~e given ~y or for the insured to the company or any of policy period and at such times during the policy period as Its authorized agents as soon as practicable. the comp3ny may direc!. (b) If claim is made or suit is brought against the insured, 2. Inspection and Audit The company shall be permitted but the Insured shall immediately for . to the company every ard not obliga ted to inspect the named Insured's property and demand, notice, summons Qr other process reeei'led by operations at any time. Neither the company's right to make him or his representative. inspections nor the making thereof nor any report thereon (c) The insured shall cooperate with the company and, upon shall constitute an undertaking, ~n behalf of or for the benefit the company's request, assist in making settlements in of the named insured or others, to determine or warrant that such property or operations are safe or healthful, or are in the Conduct of suits and in enforcing any right of cO~lri. bution or indemnity against any personr organization o compliance with any law, rule or regulation. who may be liable to the insured because of injury or The company may examine and audit the named insured's damage with respect to which insurance is afforded under books and records at any time during the policy period and this policy; and the insured shall attend hearings and trials extensions thereof and within three years after the final ter- and assist in securing and giving evidence and oblaining mination of this policy, as far as they relate to the subject the ~ttendance of witnesses. The insured shall not, exce~t matter of this insurance. at hiS own cost, voluntarily make any payment, aSSume any obligation or incur any expense other than for first 3. Financial Responsibility laws When this policy is cerlified aid to others at the time of accident.
"named insured" means the person or organizationamed n in Item I. of the declarations of this policy;
Case 3:11-cv-01493-ST
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Page 53 of 272
Page ID#: 73
5. Action Against Company No action shall lie against the Chan~es Notice to any agent or knowledge B. posses~ed by Company unless, as a condition precedent thereto, th.ere s~all agent or by any other person shall not effect a waiver or any have been full Compliance with all of the terms of this POliCY, a change in any part of this policy or estop. the c.ompany from nor until the amount 01 the insured's obligation to P?y shall asserting any right under the terms of thiS polICY; nor shall have been finally determined either by judgment aga!f1st the the terms of this policy be waived or changed, except by insured after actual trial or by written agreement of endorsement the issued to form a part of th is policy. insured, the claimant and the company. of. interest ~nder this policy sh~1I Any person or organization or the legal representatii'e there.9. Assignment Assignment of who has secured such judgment or written agreement shall bind the company until its consentIS endorsed hereon; I~, not thereafter be entitled to recover under this policy to the extent however the named insured shall die, such insurance IS as a ( of the insurance afforded by this po.'icy. ~o per~o.n or organ. fforded' by this policy shall apply1). to the named insure~'s ization shall have any right under this poliCY to the com. legal representative, )010 as the name~ Insured, but only wh.,Ie pany as a party to aflY action against the insured to ~etermineacting within the scope or his duties as such, (2) With and the' insured's liability, nor shall the C?mpany be Implead~d. respect to the property of the named insure_d, to the person by the insnred or his legal representallve. Bankruptcy or having proper temporary custody thereof, as Insured, but only In. solvency of the insured or of t~e ins~red:s estate shall not the appointment and qualification until of the legal represen. relieve the company of any of tts obligations hereunder. tative. 6. Other Insurance The Insurance afforded by ~is polity 10. Three Year Policy If this policy is issued for a period of. is liability slaled in this primary insurance, except when statedt~ apply 10 excess ~f three years any limit of the company's polciy as "aggregate" shall apply separately to each consecuor contingent upon the absence of other Insur~nce. When t~IS insurance is primary and the insllre~ has olher Insurance whl~tive annual period thereof. is stated to be applicable to the loss on. an. ex.c.ess or contl~11. by the named gent basis, the amount of the compan~ s liabIlity under this Cancelation This policy may be canceled insured by mailing to the company written notice stating when policy sha II not be reduced by lhe eXlSlence of such other thereafter the cancelation shall be effective. This policy may insurance. be canceled by the company by mailing to the named Insured When both this insurance and other insurance apply to the the address shown in this policy, written notice stating at loss on the same basis, whether primary, excess or contingent, when not less than ten days thereafter such cancelation shall the company shall not be liable under this policy for a greaterbe effective. The mailing of notice as aforesaid shall be proportion of the loss than that stated in the applicable can. sufficient proof of notice. The effective date and hour of tribution provisiQn below: cancelation state~ in the notice shall become the end of the neltice either by the (a) Contribulion by Equal Shares. If 01 such other valid and policy period. Delivery of such written all named insured or by the company shall be equivalent to . collectible insurance provides for contribution by equal mailing. shares the company shall not be liable for a grealer proportio~ of such loss than would be payable if each insurer If the named insured cancels, earned premium shall be contributes an equal share until the share of each insurer computed in accordance with the customary short rate table and earned premium shall equals the lowest applicable limit of lia~i1ity. under a.ny procedure. II the company cancels, one policy or the full amount of the loss paid, and With be computed pro rata. Premium adjustment IS may be made either at the time cancelation is effected or as soon 25 respect to any amount of loss not so paid the remaining practicable after cancelation becomes effective, but payment insurers then continue to contribute equal shares of the or 01 rema injng amount of th e loss until each such insu!er h.as tender of unearned premium is not a condition cancela. tion. paid its limit in' full or the full amount of the losspaid. IS
(b)
Contribution by limits. If any of such other insurance does12. Declarations not provide for contribuli<m by equal shar.es, the company insured agrees shall not be liable for a greater proportion of such loss agreements his than the applicable limit of liability under this policy for reliance upon in such loss bears to the total applicable limit of liability policy embodies of 211 valid and collectible insurance against such loss. the company or
By acceptance of this policy. the named that the statements in the declarations are and representations, that this policy is issued the truth of such representations and that this all agreements existing between himself 2nd any of its a~ents relating to this insurance.
o 7. Subrolation In the event f any payment under this policy, 13. Mutual Policy Conditions. PARTICIPATION CLAUSE WITHOUT liability: This policy is the company shall be subrogated to all the Insured's rights CONTINGENT L1ABJUTY. No Contingent nonassessable. The policyholder is a membe.r of the company. of recovery therefor against any person or organization and and to the ex.teflt and upon the conditions the Insured shall execute and deliver instruments and papers shall participate, fixed and determined by the Board of Directors in aCcordance and do whatever else is necessary to secure such rights. The with of dividends so insured shall do nothing a fler loss to prejudice such rights. the provisions of law, in the distribution fixed and determined. IN WITNESS WHEREOF, the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused this policy to be signed by its president and on the declarations page by a duly authorized repres.entative of the company. secretary at Wausau, Wisconsin, and countersigned
!Z.~p.
3~
Secretary
;Ptf-.~
President
---IIIIIIII--
Case 3:11-cv-01493-ST
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Page ID#: 74
93050 100022
~~ _. 0_. _: .:
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies the provisions of the policy relatingAll to AUTOMOBilE LIABILITY, GENERAL LIABILITY AND MED~ ICAl PAYMENTS INSURANcE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND fARMER'S COMPREHENSIVE PERSONAL INSURANCE. It is agreed that: I. The policy does not apply: A. Under any Liability Coverage, to bodily injury or property dama~e (1) with respect to which an insured under the policy is .alsoan insured under .a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insu.rance Association of Canada, or would be an insured under any such policy but for its termination uJXln exhaustion of its. limit of liability; or . (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization . is required to maintain financial protection pursuant to the Atomic Energy 1954, or any law amendatory 01 Act thereof, or (b) the Insured.is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency i thereof, with any person or organization. B. Under any Medical Payments Coverage, or under any Supplementary Payments provision 10 first aid, to expenses relating incurred with respect to bildily injury resulting from the hazardous properties of nuclear material and arising out of I, the operation of a nuclear 1ac.ility by any person or organization. I I, C. Under any liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear ,. material, if
I:
II
(l) the nuclear material la) is at any.nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been I' discharged or dispersed therefrom; i. .1 (2) the nuclear malerial is contained in spent fuel or. waste at any time possessed, handled, used, processed, stored, :1 transported or disposed of by or on behalf of an Insured; or . (3) the bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equip. " ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility. but if such facility is located within the United States of America, its territories or possessions or Canada, this (3)exclusion applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" .include radioactive, toxic or explosive propertiesj "nuclear material" means source material, special nuclear material or byproduct materialj "source material". "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; . "spent fuel" means any fuef elemen! or fuel componen!, solid or liquid, which has been used or exposed to radiation " Iin a nUclear reactor;
I
"waste" means any waste organization of any nuclear "nuclear facility" means (a) any nuclear reactor,
material11 con!aining ( byproducf material and (2) resulting from the operation by any person or facility included within the defin ition of nuclear facility under paragraph (a) or [b) thereof;
(b) any equipment or device designed or used for (1) separa ting the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time Ihe total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; . "nuclear reactor" means any apparatus designed or used to sustain Contain a critical mass of fissionable. material; "property damage" includes all forms of radioactive contam ination HEW YORK EXCEPTION: The "Nuclear bility Insurance in New York. Energy Liability Excfusion nuclear fission in a self.supporting chain reaction or to
of property. (Broad Form)" does not apply to Automobile lia.
Endorsement
All other provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded hereof.
by this
policy as designated
on the .
declarations
page
made
a part
AOOO9
G320
Case 3:11-cv-01493-ST
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Page 55 of 272
Page ID#: 75
wausau Insurance Compames

GENERAL AMENDATORY.ENDORSEMENT It is agreed that the following definition is added: "'oadingor unloading", with respect to an automobile, means the handling of property after It is moved from the place where it is a.ccepted for movement into or onto an automobile or while itis in or on an automo or while itis bel ng moved from an automobile to bile the place where it is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechanical device (other than a hand truck) nol attached to the automobile. LIABILITY ADDITIONAL DEFINITION
93050 103059~ . .
'. '.'
All other provisions and conditions remain unchanged. . . Issued by the Company providing the insurance afforded by this policy as designated on the declarations page made a part hereof.
7-78
560-542
G542
Case 3:11-cv-01493-ST
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Filed 12/09/11
Page 56 of 272
Page ID#: 76
~usau InSt.Jrance comoanies

COMIIIA"O. CASUALTYPOLlCY-DIC.:AfATlO"--
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OF WAUSAU A Mutu.1 Comp.ny AttIC"" to Form 10-1.1 aM Covttt "'''1IfI0Wfl .bol.
I ILLINO'S EM'LOYE""NSUUNCE
OF WAUSAU
AttIC"" to FOfmJtO.1.I..,., Co",,,, ""'lIIown .bove. , ) WAUSAU UNDE""'UT"S INSURANCE COMPANY A1t1C"" to FOflit WIO-I .nd Conrail flirts shown .bove.
WOltlDWtDE UNDERWRITERS INSURANCE COMPANY
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flirts shown .boft. Countlrligned bvA"l"o<"""

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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 57 of 272
Page ID#: 77
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.11 PlY 011beflalf of lhe' laartd .11 - .hld! the' ..., become .11)' oh led 10 pey .' d'IT18~t\ !>el"U.r or or Co""p t. ~ ro .taldl " __ .nee appl.n . alIled by .n OCIrwntKle. and 1M ~ompany aIlIII haft 11Mr.hl .nd dllty 10 d~fend .ny ,ull apIIIIl 1M n 011ICeOUIII 'lid! hodIy .., of or Jll'DPIItJ' d. "CIt W Ill' of U.- allepUonl of 1M Wit are Ilroundlcu. blw or ffauci.1ent. .nd _y make wdl *-"",llOn .nd -rlllrmrni of 4ny <'111m 'ull It derms uped6cnt. hur 1M ."Ompany ,hall not be obhpled 10 pay .ft)' or d.u" Of )~I I)f 10 ddrnd .ny \1111 .Ilrr 1M .ppbcahlr limit or 1M company', liabibry h., bern nhlulled by PlIymrnl of Judfmc:fttl or wtdrmmU. tlIe rom,.n)
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
93050 100102
Page 58 of 272
Page ID#: 78
COMPREHF~S(VE
(3) property
GENERA ll.lAlilLlTY
INSURANCE'COVERAGE
PART (ContiilU'~d)
in th~ .:.Jr~ .:ustod}' or l'ontrol of th~ insured or JS to whkh ~h~, insured is for a~y purpo.~e exercising physical control: but parts (2) :lnd .(3) of this exc,lusion do not apply with respect IOhabl!ity unde~ 31 written sidetrack agreement and part of thi~ exclusion do~s not apply with r~sped, to property darruge (oth.er,than to elevators) arISIng out of the!J~ of an eleyator at premises OWned by. rented to or controlled by the TUmed insured:
pJ
(\) to property damage In premises alicl~al~d hy Ihe named i~sured, ~risin;! 0111or Slid, prclll~w, ~11 am' pari lhcrl.'of:' (m) to loss of use of tangihle properly whl.:h has n,ll heen ph)'",'all)' 1nJurl:d.or JestruycJ re,u!llng Irulll, , (1) the delay in or Jack of performan.:c hy or on hehallof Ihe'nameJ Insured uf an.y ~llntracl or afrl:emenl, or , (2) tile failur~ of the named insured's products Of \\ork pl.'rfornH'd by or on b,'h,dl ot Ihe named Insured 10 Illeet the leycl of perlormano:e qUJlity. fitness or durJbility \V:uranted nr,reprcs,:nted hy the named insured: , ' " " but this exclusion does not Jpply to In'-s <)1 use 01 olher,lanj:ihlc prllpert}', re,ul,I"'~ Irl1ll1 Ihe sU,dden and,accldental phYSIcal InjUry to 01 destruction of the named insured's products ur work perlnrlncd hy nr on bchall of the named 1nsured al ter SUdl produl'ls or work hJye been put' to use by any person or Ofgani7.:ltion othcr than:1I1 insured: , (n) to property d3mage 10 the named,insured's products ari,i~ll! ~'Ut Ilf ,,":h~fII"Uds "~ any pari 01 ,uch products; , (0) to property damage to work performcd by Ilr 011 hdl:dt of III,' naml'1.J Insur,'1.J :lrJSII1~Ilut or the wurk or any portion thereof, or out 01 materials, parts or equipment furnished in, o:onn~,o:tiun Ihe,rcwilh; ".. (p) to' damages claimed for the withdrawal. IO'P~CtlOlI. n'p~lr: r"p,""CI11I:II1. llr In" III U:<C, the name?, rnsured s products or work complcrec nl by or for the named insured or or an}' prnpeny Ilf wludl sudl prndUd' Ilr \l'ork torlll J P:HI, ,I sud, prnduds, w~\rk or propert}' an withdrawn from the market or from use because of :Iny knll\1 n 1lI sU'I,,','\eJ Jc:"'l'( Ilr delidcnc}' therein: (q) to property d3mage included within: ' (I) the explosion. hazard in conneo:tion wilh op~rations itlcnlili"tI ill Ihis p"ltl)" hY:l l'Iassiri.:atiun .:odc 111ll11hl'r hich induJ.:,s the ~}'mbo w "x" (2) the 'collapse hazard in connection wilh operatiuns identilieJ ill this l'"li.:y hy a cl~ssilkatiun code numher \l'hio:h in,'ludes the symbo:
"cu.
(3) the underground property includes the symbol "u",
damage
hazard
in I'unnec'lioll
with OperJllllnS' idl:lltili"d
in Ihis plllil"y hy a cb"ilieation
.:ode number
whic~
n. PERSONS
INSURED
Eaeh of the following is an insured under this insuran(.'C to the extent scl forth h,'low: (a) if the named insured is designated in the declarations JS an inJi\'idual. the person ,0 designateJ hut only with respect to the eondu.:t of: business of which he is th~ sole proprietor, and Ihc 'po use of thc named insured with re'pcct 10 Iii,' .:ondul"l uf such a t->usincss: (b) if the named insured i~ designated in the declaratiuns as J partner,hip or joinl venture. lhc parlllcr,hip or juint venture ,0 designated :lnd an} partner or member thereof but only wilh re,pe.:t to his liahiiit)' as such: (c) if the named insured is designated in the dcclarations as "ther than an indiyid lIal. parlncr,hip . jllint "l:"IUrc, the urg:lnization so designatec , and any executive officer, director or stoekhnldcr thereof Ilhile al,ting wilhin the s':llpe of his dUlic.' as such: (d) any person (other than an employce of the named insured I lIT (lr~aniL;jtilll1 while a':ling :1' rl':11 cstalo: lllan:lgcr for thc named insured: and (e) with respect to the operation, for the purpose of Illl:Olnulilln upun a puhlic hi)!ll\Iay. Ill' mohile equipment rcgi:<lo:red under ~ny motor yehide registration law, (i) an employee of the named insured whilellperaling any sudl ''ljuiplllenl in the .:ourse of his employment, anti (ii) any other person while operating with the pcrmissiun Ill' thl' named insurl'1.J any 'Udl cquipll1ent rcgistercd in the name of th~ name;; insured and any person or organization legally rcspon,ihlc rur ~ul'll Ilper;ltioll. hut "Illy if there is no other \'Jlid and .:olle.:tible in.~uran.:c available. either on a primary or ex<:css basis. to such perst)n nr orpnil.alioll; provided that no person or organization shall be an insured under Ihi, parat:raph Ic" wilh fl"P"C' lu: (I) bodily injury to any fellow emplu}'ee of such person injurcd in the l'llurs.: 1',1 his clIlplllpncnl. lIr (2) property damage to property owned hy, rented to. in eharj:c "I' or u,'c'upil'" by t:1~ nam~ insured or the el1\plo}'er of any pcr~on de'l'ribel in subparagraph (ii). This insurance does not ~pply to bodily injury or property dalllage :trisin~ "111 or th~ l"ondul't insured is a partner or memb.:r and whkh is not dcsi~natcd in this polk)' :I' " named insurt'<.!. IIl.LIMITS OF LIABILITY damage, or (3 of any r~rtllers!lip or joint yenture of which th,
Regardless of the number of (I) insureds under thi, p"Ii,'}'. (2) Il<:r,"n, 01 Ilr;!:I1I1/:1lion' \\ ho ,",t;,in bodily injury or property claims made or suits brought on account of bodily injury llr property damage, th,' ,'''lIlp:ony', liahililY is lirniiCd as follo\l's: Coyerage A-The tot;]1 liability of the company for all d:llna,t.!cs, induding damJges by one or more persons as the re~ult of anyone occurrence sh;I11 not c,s,'"d applicable to "e.Jch occurrence."
for l':lre and luss,of senic'es, heeau,e of bodily injury sustaine( the Iilllit "I' hodily injury liability stated in the scheduk a
~ubject to the above proyision respecting "eadl occurrence". thc lotalli:ohililY "I' the o:ompany for all damages because of (I) all bodily inju~ 111c1uded within the completed operations hazard and (2) all hodily injury includcJ '\Ithin the products hazard shall not exceed the limit 0 bodily injury liability Slated in, the schedule :IS "aggrcgatl''', Coverage B- The total liability uf the cump:lny for all JJ(l1a,t.!l:sh,,,'au,, of all properly darruge su,bincd as the result of anyone occurrence sh~lI not eneed the limit uf prop<'Tty damage ii:lbilily slated Occurrence" . hy une or more persons or organization in the sch~dule as applicable to "eacl
Su~ject to the aboye provision respl'c1ing "e:lc.h occurrence", Ihe lotallbbilily "I' Ihc' l'olllp:lny for :"1 dalll:les bc<:au,e of all property damage t, whIch ,this coverage applies and d\lscrihcd in an)' "I' Ihc lIumhercd ,uhpara;!r;ll'h, hd,,,,' '!':l1I nol "Sl'c"cd Ihe limit of properly damage liabilit: stated In the sched ule as "aggrl'gate": (I) all property d3mage arising nut of premi,'Cs (Ir Ilperations raled un a n:lIlunc'ration ha,i, or ,'unlr:tctor's equipment rated on 3 receipts t->~si: including property damage fur whidl liahility is as.sull1l'l1 under allY inddenlal <:nntract rdalin~ III slich premi<cs or op~rations. bill excludin property damage included in suhparagraph (2) hclow: (2) aU property damage arisin[( oUI uf and Ill'curring in the wur'e IIf operation, pcrflHllIcJ ror the named insured b}' independent contraetou an general supervision thereof by lhe named insured, induding any sudl propl"Tly damage for which li:thilil}' i, a:<Sllmed under any incident: conlnet relating to such operation" hul lhi, suhparagraph (2) dOL'S nol include prop<'Tty damage arising out of maintenance or repairs: premises owned br or rented to th~ named insured (lr ,tructural ;l!tc:alilll1' :11 ,".:h prellli,," whkh 110 not inmll'e l'hanging the size of c moving buildings or other slructures: , (3) all property damage included within the products huarJ and all pruperty damagl' indudeJ wilhin lhe completed operations hazard. Such aggregate limit shaU apply sep~ralely to the property damage Jcsl"rihed in ,"hparagr:I\,hs ell. 121 lind (3) abul'c, und under ~ubparagraphs and (2), separately with respect to each proj~o:t away from premise\ owncd hy IIr r""led to the named insured. (I
560-4-1.1
Page 2 of 3 pagc~
Case 3:11-cv-01493-ST
Document 1-1
GENERAL
Filed 12/09/11
INSURANCE
Page 59 of 272
COVERAGE
Page ID#: 79
COMPREHENSlVE
LIABILITY
PART (Continued)
Coverages A and B-For th~ purpos~ or determining" the limit or the L'omp:JnY'~ liahility. all bodily injury and property damage continuous or r~pe-"ted ~xpo~ur~ to substantially" the same gcm:ral cnnuitinns shall be <:'onsider~u as arising out of one occurrence. IV. POLICY TERRITORY This insurance applies only to bodily injury ur property damage which occurs within th.., policy territory. "
ari.,in~ nUL of
Issued by the Company
providing
the insurance
at"fof(.ku
11)'
this p"li<:y
:IS
Lksi!!nall:d I'n the dedaralions
pa~e made a part hereof.
Page 3 of 3 pag
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 60 of 272
Page ID#: 80
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GENERAlltA8lltTY
HAZARDS
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 61 of 272
Page ID#: 81
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nil doCi .,. aPPlY: ';,:;; . (a) 10 ..., ..., . ; (II O. of ow.enhip. IIllIhtlCNllI:e,opef1llion. 1/1oC. lo~iaI ClI'unlolllilll 01 m any Of ~ir.-nrt _ftI:d Of opcr;alod by or renlcd 01'IoaJted lu any or lithn)' otller Of ai":r.an operlttd Ity any per..,n in lhe L'Ourv of his ClIIlptoymen' toy lIny : hul 'h" d<," Itlll ~,.,..)' In lhe PIIrki~ u( n a.lntneJbile un ,he ..--.. if ~h nlonlobile i. nol owned by 01' "",,I,'tIur .o;alll:dlo.ny -.re.I: . ' f21 ar~ ulll uf' iii I'" hip} mainlrran,"\:. "peralil,1l, U luedi oW unluadirll uf' any'" hile be" uw in a", ~ ed or orp.a.d nc IPIed Of .mlliltiun p.alclt llI' in '"Y lIunlu. ar1iYlly Of itt pnctic:ll or prepIIRUoa fOf .ny .cf1 ClOtIlaltur actiYlly 01' 1111 Ik.n Of u. ot '"Y IftOwmubilr 01'tJailrr dc.ned fnr u. 1"."'Ia; lfie . fal uw\lld or llpef'lld by Of retlled or IOlllcd 10 any ur fbi npa'ied by '11)' penon In lhe nf h,. cmploymenl by .ny ; 131liN'" out or I. O'II'ncnttip. _llllmalll:C. oper.llon. u.:.Io~inI Of ~ of (I) '11)' walcraan O'II'nedOf oper'led by 0' renled ur loaned 10 III)' Of lii).1I)' otJrcr leraafl operaled IIy .ny penon in the couroc of his _pJo~ by any : bul lbit rlld1nioa doeI nol .pply 10 Wllercnfl whilc a.hore on die ~ 01' 14, Ifl",,,, out or .nd In the COllrWof Ihe 'ran'POrt.llk.n of mobIe by .n .eomobie owned or oper-Ied by Of rmted 0' loaned 10 any : Ii'll 10 bodily ~ I 1'1n..'IUlJetJ Wllhin the com Gpftatioa bunt ur Ill.: pcoducllllaanl: '1Iar", 0IIt uf' opeul.,n. performed for Ihe umed illllured hy incJcpnldcltl I:Onl:DL1onother Illan Ii) mallllert:lnLC rqleir or ~ or hi) .Ulk:lural altahom al ,",d, prcmho .hith dn __ inwhc cha~ lhe: 'liz., of or mo,,"~ Ittrildiftp Of OI~ .Uu,'turn; 131r~ullinJ from lhe: lidbnf!. ~nl", or I-"rinf!of any ~k:oholK: ""'=r. iii Yiobllon of any dalule. on1.nan .. or rqr:ulalioft. (ii' 10 : minor. (iii) 10 a pef'IOn under Ihe inOllcnce of ak:oltol Of ''''1 wh-=h ,-a_ or ,'OIllribule' 10 the inlo .iQ'lOn of any penoa. If .he umed '-ell ill I per.\OIIOf orpniutlOn e.,ed in the h\llll_ of .lIC:turiftJ.d~bulU.. IdIiftJ Of 'lCTrincaIo.'OItokbe"CflIIICS or, if not 'll rnpFtd, K an owner or Icuor of pr~ u'Cd for -=h puqIIMICSul only P.rI hi 0( 11th udu-.on Ib) I3t applies .1Ien h lhe . h .u~h an IIWncr IIr IftlOr; I.,due 10 war. whelher or nol d~dartd, dril war. in.urre<:lion. rcbetlion or revolullon. 01' 10 any ;><:, or L'Ondition incident 10 any of .he f~;, kIlo bodly ..., (I'ld lhe any parlner ~he:ran~any lenant Of olher pcr-on ~ rftIdlns on lhe: ~ or any eMployee cI ,ny of the f~.,. if the bodily h1f.,- mllC" oul 01 and In Ihe l'OUr1C his Clllploymenl Ihcn'w,'h; of f 2110 .n)' other lmanl if Ihe bodily injury o~~ur' on I""I par1 of the renced from lhe I nr 10 afty emplo,.. of ouch a ICM'" If lhe bodily iIIj.", o.xu,. on ,he: lenant'. P.rI of lhe ~ and anon ou' or and In the L'DUne 0( rmployntPI fOf lhe Ir""nl; 11110 Iny pet10II .hlle ellpllcd In malnlc""lK:e and repatr of the Irt-.d or .Ilcullon, dcmohtlOft Of new l'OftUrucllOa" wda prrm"'l; 14)10 any per if any bmnlh for -=h bodly Injwy arc paYlblr or 1Iired 10 be prowld.-l unclcr .ny workmrn.' coatpem.Ilioa. unemptoy_1 compelNllOll or d"'"ibly bendlh law. or under , 1lIIIiIu"': (5110 any ,.._ pr"'lidn., IftllruL1lnl Of partlClpatilll in .ny p/l"..llf1IlrNaL 1POfI. al.hldte ac"l'lly or conlcsl unlcu prelDllIm " II entered fOf IpOII .~\Iwi11n IIllh. polK}' wllh rnpeL! 10 Prenulft Medkal ")'lMDb (~; IdllO any 1It~ ...fl>r _"IC"" by Ihe named In-" ny cmpJo~ thenof ClI'any peuon or olpniza\lon under coa,nct to Ille .,.,... Ia __ 10 prowide ou~h _ .. ro<.
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T1w lim'l o( Ibilil, fOf ""ml'C' \fed".1 Pa)'menh ('O"'"~'bl~ In Ule ""hcdulr n .pp1icahlc 10 "cadi _"'I'y for all melfkll .lIpft_ lor bodily in;.ry Iv anyone pcr\On II lbe resuI. or aft)' one alden!; ,elpkll,. "each per_". lhe lola' 'iabilily of the ~ompany under Prnnlws Medical Payme COWttllf!C for 10 Iwo or morc perlOn, a. lhe rellult or Iny one .~cidenl .tI;,1 nol Ul-eed lhe limil of liabilily lIaled In accldm"', W1l~nmort llliIn one lItIIdil;lIlp.ymenh m"",.,e _'forded b)' Ih,. po"'')' apprlft to loY, ,he company lmounl of the h"he:.l .pplk:ablc Iimil of h.hlhly. '.4DDnIONAl DEFINrrlONS 10 ,hi, ,n,ur.""" hndudiftl end"r",menh formin, 11pari of ,he: poIio:YI; " .n"rdtd ro~ fOf When u..I ,n re(ertna peroon- i. I~ Iimil of 'he comp.n)". bu' 'lIbfed 10 lbe lbaft pro"'''''' aU lIIedicaI e..for Itodly ifti-.y I~ .hcdulc a. applicable to "CadI IIW' nol be Ii.-.hk fOf more lhan
"'-cd prtftI " 1llClI1I'\" premi'Co 0" ned by or r~nlcd 10 Ih~ named i--.I Wllb 'C'lpe..1 10 h. h ,he tlaIItcd i lind'" "".,. "ahilil)' unckT th" pultq, and ,ndud", lhe . ,mm..'dr;"le'yadJOuun,: Oft land; a).' -....a.caI e.-mcall'\ npcn,,:'. for no:n: ,ry mcd",al. . .. -r.y and denIal ..".. " rl'~a ambula",,,. hmpibJ. prvfeonal nur,"" and funeral 1Cf .. C'. i
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S~12-I,1
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
- r,.;u. iJ_:,
I ; 93.1.lL.:. 0; . n~,~.!c
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Page 62 of 272
Page ID#: 82
PREMISES MEDICAL PAYMENTS INSURANCE COVERAGE PART (Continued) to any person if any benefits for such bodily injury are payable or required unemployment compensation or disability benefits law, or under any similar (5) to any person practicing, instructing or participating in any physical training, charge is entered for sports activities in the policy with respect to Premises (d) to any medical expense for services by the named insured. any employee thereof named insured to provide such services. II. LIMITS OF LIABIlITY (4)
to be provided under any workmen's compensat law; sport, athletic activity or contest unless a prem Medical Payments Coverage; or any person or organization under contract t
The limit of liability for Premises Medical Payments Coverage stated in the schedule as applicable to "each person" is the limit o company's liability for all medical expense for bodily injury to anyone person as the result of anyone accident; but subject to the a provision respecting "each person", the total liability of the company under Premises Medical Payments Coverage for all medical expense for bodily injury to two or more persons as the result of anyone accident shall not exceed the limit of liability stated in the schedul applicable to "each accident".
When more than one medical payments coverage afforded by this policy applies to the loss, the company shall not be liable for more than th amount of the highest applicable limit of liability III. ADDITIONAL DEFINITIONS (including endorsements forming a part of the policy):
When used in reference to this insurance "insured premises" coverage for bodily
means all premises owned by or rented to the named insured with respect to which the named insured injury liability under this policy, and includes the ways immediately adjoining on land; prosthetic
is affor
"medical expense" means expenses for necessary medical, surgical, x-ray and dental services, including ambulance, hospital, professional nursing and funeral services. IV. POLICY TERRITORY This insurance applies only to accidents possessions, or Canada. V. ADDITIONAL CONDITION Proof and Payment of Claim which occur during the policy period within
devices, and necessa
the United States of America,
its territories
Medical Reports;
As soon as practicable the injured person or someone on his behalf shall to the company written proof of claim, under oath if required, give and shall, after each request from the company, execute authorization to enable the company to obtain medical reports and copies records. The injured person shall submit to physical examination by physicians selected by the company when and as often as the compan may reasonably require. The company may pay the injured person or any person or organization rendering the services and the payme shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admission of liability of any person except hereunder, of the company.
Issued by the Company providing
the insurance
afforded by this policy as designated on the declarations
(M) 5.81
560.12.1.1
Page 2 of 2 pages
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 63 of 272
Page ID#: 83
"ADDITIOIAl .-
lOS ENDORSEMENT
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Alpha Code:
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It is ..,., that tilt dIfinition of Iamd" lI.j ittIurId the peISOnOf0IIIftIlItI0n bItDwIS 1ft 1dditiDnII llllrM.lUbiId to ttIt . --I::}J~~ J, TIIe..-d 1IIIIIId ItItIl of tht dIdIrItianI 1ft tDlet for sucIIldditionll lund(l) "1UtIIfI';~::;a in l*tIinInt tDthis intutInct. lneludint recaiIlt of naticlof CIIICIIItion:and ""~:':~:~ 2 Return premium.if II1Y.1IIet dividends IS InIJ til dIdInd bJttIt company shal be paid to ttIe ..., such RImed in Item z':"; 1 of the dedIIItions: .nd' .. . ~, 1 The __ ttIIII'Id named in Item 1 of tile decIarations . PIYthe premium for the insur.nce afforded the IdditIonII ~,:, " illlWtd in ICCOfdanctwitt!the """ual rules in !lSIbJl1li QlIIPIIIJ: provided.that in the mnt of blnllluptty or iii .., ofthe',,:.-6 inIIltd named in 111m tbe dedarIticIns. 1of shall be responsible forII1d shill PlYto ttII :'\' compII'ly ttlt pt'emium for the insurance .fforded 1ddIianII . iasInd. .: 4 Notban, contIined hertin shalaffect InY,riaM of ~ a I cIIimInt which the addrtionJllIIIIId iMWICI would hM if not"~ desil'llted IS wch. . S. The IMUfInct Ipptia W1ttI respect to tile business operItians aftbeldditJonlllllllld inMrtd(l)1ft ttlestJtntowhtch thISpOIcy .
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The Insmd named in Item of the decllratianl dIcIIra that 11/firms named in the polICY-.d 1 IS ldditJonll tIIIIrtdIl" owned Of finlncilly controIId bJ the lime intemb,
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Allother prOVISIOns condrbons remain unchlnted. .nd I\sued by tne Company~"'I tt1einsurance afforded by this policy IS desipltld
on the declarations pat! mad. a part hereof,
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 64 of 272
Page ID#: 84
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AKEHDHDT LIMITS or LIAIlLITY' (Singl. U.t.e). _, (Policy Aagrept.'Li.lt) Covera,e. Bodily Injury Liability and Property Dallllge Llabil1ty SCHEDULE L1II1t. of LiabUlty
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OF LIABILITY" are amended
It 18 qreed that the proviaioD8 of the policy capttoDed"LlKITS relating to Bodily Injury Liability and Property .Daaa Liability to read ., follover Llait. of Liability
Reludl of the nuaber of (1) luurede UDd.r tW.'policy. (2) perlone or oflanllatioDl who ,uataln bodily injury or pro,.r",~ or (3) claims d. or I"it. broulht on account of bodily injury orPl'~rttda"I tbe cOilpany'. UabUity 11 l1ldtld a. follovar '
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 65 of 272
Page ID#: 85
WACKERSrLT~IC
Bodily Injury Liability (a)
CORP.
and Property DamaseLiabili~:
2324 00 039640
Th. 11ait of liability Itat.d in the ac:bedul. ofth18 .ndone.at a pplicable :'~:,: to "each OCCUfrtIlC'"11 th. total 11aitofth.'e:-pAlly'l Uability for .11.:.;.< d includiq da for caf' .Ddloil:ol, nlc'l becau of bodily 1IlJury .Dd property da IUltlin.d by ~:'ot:aore plrlOH Of oraauuUoaa.i(;,f1: relutt of aay on' occurrence, provUlCI'that.:v1th relpect to any occurrence :..:~,:;;:; for whlch noUc. of tllia pollcy 11 liV'D 1I111."0{ I.curit)', or wh.n ' 7~::, thb pol1cy 11 Clrtified al proof of fWDC1al' r poaa1bll1ty under the .' , providoD of the Motor V.hlcl. Financial ".pou1bl11 ty Law of any lUte or , ,_ provinc., luch l18ie of Uability .hall be'.pp1114 to provide the lepant. l1ait. r.quired by luch Lawfor Jodily IDJU'; ,Liability aad Prop.rty Dama Liability to the ext.nt of the cov.raS' r'qutrt4bJ .uch law, but the parat. eppl1ca Cion of wch l1Jlic .ball DOt.lDer the total 11l1it of the cOllpany'. liability.
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(b)
If aa aasresate amouat i tated in the Schedule, then, subject to the above prev1lion r pectins "each occurrence". the total UabUi ty of the cOllpan)'for all dause. becauae of all bodily injury and property damage which occur. during each annual period vbil. thi. policy i. in force ca.mencins froll itl effective date, .hall not exceed the limit of liability .taud in the Schedule of this endorselltat a. "a.aregate". For the purpole of determining the It.it of the company'. liability. all bodily injury and property damage art'ina out of continuous or repeated exposure to 8ub.tanti.lly the S&II' seneral condition hall be con.idered as arising out of one occurrence.
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other prOVISI()fISnd condItIOns remain unchanied. a Issued by the Company provldlni the Insurance afforded by this poky IS desilNlted on the declarations Pll! mlde I part hereof.
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 66 of 272
Page ID#: 86
I.
93~)SO 100022
Duplicate Original
\Vausau Insurance Companies

COMBINATION CASUALTY POLICY ._ ..
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MUTUAlS-M EMBERSHIP AND VOTING NOTICE: The insured is notified that by virtue of this policy. he is a member of the EMP~OYERS IN.SURANCE OF WAUSAU A Mut~al Company, anq is entitled ~o vote either in p.erson or by proxy at any and all meetl~gs of said company. The annual Meetings are held at Its home office at Wausau, Wisconsin, on the fourth Friday of May. In each year, at 9:00 A.M.
Employers Insurance of Wausau A

HOME OffiCE: WAUSAU, WISCONSIN
Mutual Company
[Herein
called
the company)
In consideration of the payment of the premium, in reliance upon the statements in the declarations subject to all of the terms of this policy, agrees with the named insured as follows:
made
a part
hereof
and
COVERAGES
The insurance aHorded by this policy is only with respect to such Coverages as are indicated by specific premium charge charges in the appropriate Coverage Schedule or Schedules the Coverage Part or Parts attached 0f to and hereby made a part of this policy. SUPPLEMENTARY The company liability: will pay, in addition to the applicable PAYMENTS not exceed
or
limit of courl that part of thtl judgment which does the limit of 1he company's liability thereon;
(b) (a) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all interest on the entire amount any judgment of therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in
premiums on appeal bonds required in any such suit, pre. miums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation
-- - .--- --.--' ----- '-'-SD-l:1-
------ _-, --------Exhibit A Page 66 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 67 of 272
Page ID#: 87
arising out of the use of any vehicle to which this policy policy applies; applies, not to exceed $250 per bail bond, but the com. pany shall have no obligation to apply for or furnish any reasonable !d) expenses incurred by the insured at the com. such bonds; pany's request in assisting the company in the investigation or defense of any claim or suit, including actual loss (c) expenses incurred by the insured for first aid to others of earnings not to exceed $2~ per day, at the time of an accident, for bodily Injury to which this
DHrNITIONS
I I
forming the existence of tools, un installed equipment (b) or abandoned or unused materials, or "automobile" means a land motor vehicle, trailer or semi. operations (c) for which the classification staled in the policy trailer designed for travel on public roads [including any or in the company's manual specifies "including completed machinery or apparatus attached thereto), but does not in. operations"; c1udemobile equipment; "elevator" means any hoisting or lowering device to connect "bodily injury" means bodily injury, sickness or diseasefloors or landings, whether or not in service, and all appliances sustained by any person which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway. period, including death at any time resulting therefromi runway, power equipment and machinery; but does not include servicing hoist, or a hoist without a platform "collapse haurd" includes "structural property damage" an automobile outside a building if without mechanical power or if not as defined herein and property damage to any other property attached to building walls, or a hod or material hoist used in at any time resulting therefrom. "Structural property damconstruction or demolition operations, or an inclined age" means the collapse of or structural injury to any buildingalteration, conveyor used exclusively for carrying property or a dumbor structure due to(1) grading of land, excavating, borrowing, waiter used l'xclusively for carrying property and having a fifling, back. filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four (eet; caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include not include property damage (1) arising out of operations performed for the named insured by independent contractors, property damage (1) arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or or !2) included within the completed operations hazard or the equipment, or (2) arising out of operations underiround property damage hazard, or (3) for which liabilitypower transmitting performed for the named insured by independent. contractors, is assumed by the insured under an incidental contracl; or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability "completed operations hazard" includes bodily injury and contract; property damage arising out of operations relia~ce upon a is Bssumed by the insured under an incidental representation or warranty made at any time With respect contract" means any written lease of pre(1) thereto, but only if the bodily Injury or property damage occurs "incidental mises, (2) easement agreement, except in connection with after such operations have been completed or abandoned and construction or demolition operations on or adjacent to a occurs away from premises owned by or rented to the ,named to indemnify a mun icipality required insured. "Operations" include materials, parts or equipment railroad, (3) undertaking except in connection with work for furnished in connection therewith. Operations shall be deemed by municipal ordinance, the municipality, (4) sidetrack agreement, or (5) elevator completed at the earliest of the following times: ma intenance agreement; (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, "insured" means any person or organization Qualifying as an (Z) when all operations to be performed by or ~n behalf of the insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately named insured at the site of the operations have been to each insured against whom claim is made or suit is completed, or brought, except with respect to the limifs of the company's (3) when the portion of the work out of which the injury liabilitYi or damage arises has been put fo its intended use by any means a land vehicle (including any person or organization olher than another contractor or "mobile equipment" subcontractor engaged in performing operations for a prinmachinery or apparat:ls attached thereto), whether or not cipal as a part of the same project. SElf-propelled, (1) not subject to motor Vehicle registration, or (2) maintained for use exclusively on premises owned by or Operations which may require further service or maintenance rented to the named insured, including the ways immediately worl<, or correction, repair or replacement because of any adjoining, Of (3) designed for use principally off public roa.ds, defect or deficiency, but which are otherwise complete, shall (4) designed or maintained for the sole purpose of aH.ordmg or be deemed completed. mobility to equipment of the following types formlO~ an integral part of or permanently attached to such vehicle: The completed operations hazard does not include bodily power cranes, shovels, loaders, diggers and drills; concrete injury or property damage arising out of mixers (other than the mix-in-transit type); graders, scrapers, (a) operations in connection with the transportation of proper-rollers and other road construction or repair equipment; ty, unless the bodily injury or property damage aris~s out air-compressors, pumps and generators, including spray!ng, of a condition In or on a vehicle created by the Icadme welding or and buDding cleaning equipment; and geophYSical unloading thereof, exploration and well servicing equipment;
. When used in this a part hereof):
policy
(including
endorsements
0:
----------
- --Exhibit A Page 67 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 68 of 272
Page ID#: 88
"products hazard" includes bodily injury and property dam. age arising out 0.1 the n'amed Insured's products or reliance upon a representation or warra-nty made at any time with "named insured's products" means goods or products man. respect thereto, but only if the bOdily injury or property damufactured, sold, handfed or distributed by the named insured or by others trading under his name, including any containerage occurs away from. premises owned by or rented to the of such products thereof (other than a vehicle), but "named insured's products" named insured and after physical possession has to others; shall not include a vending machine or any property other been relinquished than such container, rented to or located for use of others "property. damage" means (1) physiC<l1 injury to or destruc. . but not soldi ~Ion o! tangible property which occurs during the polic:y period, rnc\udIOg the loss of use thereof at any time resulting there. "occurrence" means an accident, including continuous or from. or (2) loss of Use of tangible property which has not been repeated exposure to conditions, which results in bodily injury physically injured or destroyed provided such loss of use is or property damage neither expected nor intended from the caused by an llccurrence during the policy period; standpoint of the insured; "underground property damage hazard" includes under. ground property damage as defined herein and prDperty dam. age to any other property at any time resulting therefrom. (1) the United States of America, its territoriesor possessions, "Underground property damage" means property damage to or Canada, or ~ir~s, conduits, pipes, mains, sewers, tanks, tunnels, any (2) international waters or air space, provided the bodily injury SImilar property, and any apparatus in connection therewith, or property damage does not occur in the course of travel beneath the surface of the ground or water, caused by and or transportation to or from any other country, state occurring or during the use of mechanical equipment for the nation, or p.urpose of grading land, paving, ex.cavating, drilling, borrowing, filling, back.filling or pile driving. The underground property (3) anywhere in the world with respect to damages because damage hazard does not include property damage (I) arising of bodily injury or property damage arising out of a productout of operations performed fur the named insured by inde. which was sold for use or consumption within the territory pendent contractors, or (2) included within the completed oper. described in paragraph (1) above, provided the original suitations hazard, or (3) for which liability is assummed by the for such damages is brought within such territory; insured under an incidental contract. "policy territory" means: COt/OlTlDNS 1. Premium All premiums for this policy shall be computed in as proof of financial responsibility for the future under the accordance with the company's rules, rates, rating plans, preprovisions. of any motor vehicle financial responsibility law, miums and minimum premiums applicable to the insurance such insurance as is afforded by this policy for bodily injury afforded herein. liability or for property damage liability shalf comply with the Premium designated in this policy as "advance premium" ~ro~isions .of. ~uch la~ to the e~tent of the. coverage and is a deposit premium only which shall be credited to the ilmrt~ of liability reqUifed by such law. The Insured agrees amount of the earned premium due at the end of the policy to relmb~rse. the company for any paym~nt made by the com. period. At the close of each period (or part thereof terminating pany which It have been obligated to ake u~der v.:0u1d ~ot m with the end of the policy period) designated in the declara. !he t~rms of thiS poliCY except for the agreement contallled lions as the aud it period the earned premium shall be com. In thiS paragraph. pUled for such period and, upon notice thereof to the 4. ClaimSuit Or named insured, shall become due and payable. If the total Insured's Duties in the Evtnt of Occurrence, earned premium for the policy period is less than the premium(a) In the event of an occurrence. written notice containing previously paid, the company shall return to the named insured particulars sufficient to identify the insured and also the unearned portion paid by the named insured. reasonably obtainable information with respect to the time, The named insured shall maintain records of such informa. place and circumstances thereof, and the names and tion as is neces:;ary for premium c:omputation, and shall send addresses of the injured and of available witnesses, shall copies of such records to the company at the end of the be given by or for the insured to the company or any of policy period and at such times during the policy period as its authorized agents as soon as practicable. the company may direct. (b) If claim is made or sui! is brought against the insured, 2. Inspection and Audi! The company shall be permitted but the insured shall immediately forward to the cornpanyevery recei'led by not obliga ted to inspect the named Insured's property and demand, notice, summons 'Jr other process operations at any time. Neither the company's right to make him or his representative. inspections nor the making thereof nor any report thereon(cl The insured shall c:ooperate with the company and, upon shall constitute an undertaking, on behalf of or for the benefit the company's request, assist in making settlements, in of the named insured or others, to determine or warrant that the conduct of suits and in enforcing any right of contri. such property or operations are safe or healthful, or are in bution or indemnity against any person or organization compliance with any law, rule or regulation. who may be liable to the insured because of injury or damage with respect to which insurance is afforded under The company may examine and audit the named insured's books and records at any time during the policy period and this policYi and the insured shall aitend hearings and trials and assist in securing and giving evidence and oblaining extensions thereof and within three years after final terthe of witnesses. The insured shall not, except mination of this policy, as far as they relate to the subject the attendance at his own cosl, voluntarily make any payment, aSSume matter of this insurance. any obligation or incur any expense other than for first J. Financial Responsibifi1y laws When this policy is cerlified aid to others at the time of accident.
. "named Insured" means the person or organization In Item I. of the declarations of this poliCYi
namen
Case 3:11-cv-01493-ST
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Page 69 of 272
Page ID#: 89
5. ActiDn AgaInst Company No action shall lie against the 8. possessed by company unless, as a condition precedent thereto, there shall Chanzes Nolice to any agent or knowledge any il waiver or have been full compliance with all of the terms of this policy, agent or by any other person shall not effect a nor until the amount of the insured's obligation to pay shall change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall have been finally determined either by judgment against the eJ-cept by insured after actual trial or by wril1en agreement of the terms of this policy be waived or changed, the endorsement issued to form a part of this policy. insured, the claimant and the COmpany. Any person or organization or theegal representative l there- 9. Assignment Assignment of. interest under this policy shall of who has secured such judgment or written agreement shall bind the company until its consent is endorsed hereon; if, not thereafter be ef1titled to recover under this policy to the extenthowever, the named insured shall di e, such insurance as is of the insurance afforded by this policy. No person or organ. florded by this policy shall apply OJ to the named insured's a ization shall have any right under this policy to join the com. legal representative, as the named insured, but only while pany as a party to any action against the insured to determineacting within the scope of his duties as such, and (2) with the' insured's liability, nor shall the company be impleaded respect to the property 01 the named insured, to the person by the insored or his legal representalive. Bankruptcy or having proper temporary custody thereof, inas insured, blrt only solvency of the insured or of the insured's estate shall not the appointment and qualification until of the legal represen. relieve the company of any of its obligations hereunder. tative. 6. Other Insurance The Insurance aHorded by this polity 10. Three Year Policy If this policy is issued for a period of. is primary insurance, except when statedt? apply In excess ~f three years any limit of the company's liability stated in this polciy as "aggregate" shall apply separately to each consecuor contingent upon the absence of other Insur~nce. When t~IS tive annual period thereof. insurance is primary and the Insured has other Insurance whl~h is stated to be applicable to the loss on an excess or contin11. by the named gent basis, the amount of the company's liability under this Cancelation This policy may be canceled insured by mailing 10 the company written notice stating when policy shall not be reduced by the existence of such other thereafter the cancelation shall be effective, This policy may insurance. be canceled by: the company by mailing to the named Insured When both this insurance and other insurance apply to the the address shown in this policy, written at notice stating loss on the same basis, whether primary, excess or contingent, when not less than ten days thereafter such cancelation shall the company shall not be liable under this policy lor a greaterbe effective. The mailing of notice as aforesaid shall be proportion of the loss than that stated in the applicable con. sufficient proof of notice. The effective date and hour of tribution provisKln below: cancelation state~ in the notice shall become the end of the policy period. Delivery of such written notice either by th e {a} Contribution by Equal Shares. If all of such other valid and named insured or by the company shall be equivalent to collectible insurance provides for contributron by equal mailing. shares, the company shall not be liable for.a great.er proearned premium shall be portion of such loss than woul~ be payable If each ~nsurer If the named insured cancels, computed in accordance with the customary shmt rate table contributes an equal share untlf the share of each Insurer and equals the lowest applicable limit of lia.bility. under a.ny procedure. If the company cancels, earned premium shall may be made one policy or the full amount of the losspaid, and With be complrted pro rata. Premium adjustment IS either at the time cancelation is effected or as soon as respect to any amount of loss not so paid the remaining practicable after cancelation becomes effective, but payment insurers then continue to contribute equal shares of the or remaining amount of the loss until each such insu!er h.as tender of unearned premium is not a condition of cancela. tion. paid its limit in. full or the full amount of the IS paid. loss (b) Contribution by limits. If any of such other insurance does Declarations IZ. By acceptance of this policy, the named in the declarations are not provide for'contribution by equal shar.es, the company Insured agrees thaI the statements that this policy is issu~d shall not be liable for a greater proportIOn su~h loss his agreements and representations, ~f in and that thIS than the applicable limit of liability un~er. thiS pol!o/ for reliance upon the truth of such representations existing between himself and such loss bears to the total applicable limit of liabIlity policy embodies all agreements of all valid and collectible insurance against such loss. the company or any of its ag.ents rerating to this insurance. 13, 7. Suhrolation In the event of any payment under this policy, MuhJal folicy Conditions. PARTICIPATION CLAUSE WITHOUT CONTINGENT lIABJLlTY. No Contingent liability; This policy is the company shall be subrogated to all the insur.edl~ rights nonassessable. The policyholder is a member of the company of recovery therefor against any person or organIzation and and to the extent and upon the conditions the Insured shall execute and deliver instruments and papers shall participate, fixed in accordance and do whatever else is necessary to secure such rights. The and determined by the Board of Directors with of dividends so insured shall do nolhing a Iter loss to prejudice such rights. the provisions of law, in the distribution fixed and determined. IN WITNESS WHEREOf, the EMPLOYERS INS~RANCE OF WA~SAU A Mutual Corn~any has caused this poli~y lo be signed .by its president and secretary at Wausau, WisconSin, and countersigned on the declarations page by a duly authOrIzed repres.entatlve 01 the company.
!Z~!l.3~
Secrelary
President
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 70 of 272
Page ID#: 90
NUCLEAR
ENERGY
LIABILITY EXCLUSION (Broad Form) .
ENDORSEMENT
This endorsement modifies the provisions of the policy relating to ALL AUTOMOBilE lIABIUTY, GENERAL LIABIlITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE COMPREHENSIVE PERSONAL AHO FARMER'S COMPREHENSIVE PERSONAL INSURAHCE. It is agreed that: I. The policy does nol apply: A. Under any liability Covera ge, to bodily injury or property damaze (1) with respect to w~icry .an insured under th: p.olicy isalsoan in~ured under.a ~~clear energy liability policy issued by Nucle~r .Energy Liability Insurance ASSOCiation, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance AsSOCiation of Canada, or would be an insured under any such policy but for its termination uptln exhaustion of ih limit of liabilily; or (2) resulting from the hazardous properties of nuclear m alerial and with respect to which (a) any person or organization . is required to maintain iinancial protection pursuant to the Atomic Energy Act 011954, or any law amendatory thereof, or (b). the Jnsuredjs, or had this policy not been issued would be, entitled to indemnity from the United States of AmerICa, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. ~nder any.Medical Payments Coverage, or under any Supplementary Paymenls provision relating to first aid, to expenses Incurred wllh respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. I, C. Under any liability Coverage, to bodily injury or property damage resulting from the haz.ardous properties of nuclear , material, if I' (1) the nuclear material (a) is al any nuclear facility owned by, or Clperated by Clr on behalf of, an insured or (b) has been i, discharged or dispersed therefromj , ,I (2) the nuclear material is contained in spent fuel or. waste at any time possessed, handled, used, processed, stored, ;1 transported or disposed of by or on behalf of an Insured; or , , " (3) the bodily injury or property damage arises out of the furnishing Insured of services, by an materials, parts or equip. ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located wilhin the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties"include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct materialj "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; . I "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation " in a nuclear reactor; "waste" means any waste material (1) containing byproducf material and (2) resulting from the operation by any person or organization of any nuclear facility included within the delin ition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means [a) any nuclear reactor, (b) any equipment or device designed or used for (1) separa ting the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloyin~ of special nuclear !"ahrial if at .any. time the total amount 01 such material in the custody of the Insured at the premises where such equipment IS located Dr deVice consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or 250 more than grams of uranium 235, (d) any structure, basin, excavation, premises or place prepare.d or used for the storage. or disposal of ~aste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; , "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self.supporting chain Of reaction to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination 01 properly. NEW YORK EXCEPTION: The "Nuclear Energy liability Exclusion Endorsement (Broad Form)" does not apply to Automobiie Lia. bility Insurance in New York.
I
All ether provisions and conditions remain unchanged. Issued by the Company providing the insurance afforded hereof.
'" by thiS policy as deSignated
. on the declarations page made a part
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 71 of 272
Page ID#: 91
Duplicate ..
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EMPLOYERS INSURANCE OF WAUSAU AttaeIlId to Form .'.1 and Covnge PItts shown above. I WAUSAU UNDERWRITERS INSURANCE COMPANY
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 72 of 272
Page ID#: 92
wausau InslJrance'COrnpanies
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Tttll ~ line, 1101 apply' fl) 10 1WItIit, auamad hy IIIe ed. und. Iny o.:onlrllc:t r .ccmcnl o Clll;epi all btdd COIItnct: bul Ihis uclulion don not .,,1)' to I WIrlUIJ of fitnHI or qlllllity or lhe m-red'. fII'OdlKlaur I warranly lhal work performed by or on bdtalf of the I-..t be doIW ilia . tt_lllite o ma_: (b) 10 ...,..., 01 PfOt'Ift)' cia ar. I! oul r lhe owncrdlip. IIIlIlIIleRa,,,:e. peration. U'IC. Io.di." or unloadi,. of " o (I) " , ainure . ed or OJlChled hy n renl. or Ioan..od10 any ~ or Il)..., otber .eo.obiIe or .ir~TlIfl o~lIled by an, peN.n in lhe WUf<Cuf hie employment by Iny ; tllb udu""n don nol appty 10 lhe .-rllinl or In a__ biIe 011premi_ owned by. renl. 10 or c:ontroled by the or~.;:: till war Immedialely M1i~niftll.if ,ude UIIlMIIobR nol ownrd by or relued or IoaMd 10 lit)' '--I: -' _,.' (e) to kNiiIJ w.rY or ,...,.ty Ita If" oul of . :~l'; (I) tile ownCrwP. maintenance, operalion, uoc. luadillllor unluadilljt ulany IIIOIJIe ipMatt while bei." ueel in Iny prearn"l!ect or orpatzed . racAlI. ipClIdOfdemolition wnlo;st '" In any itunlinrlactjyily or in prllctice OfI'fcpar.Jlion for Iny IUd! ronteS! or Ictjyily or . (1) tfle operatloa Of UIC of IIny om_bile "r trailer da""d for alC therewith: . owMd or U~led by or rClllod Of "-ned In any or 00 operated. by any per'" in lhe mof. 01' his employmenl by aDY : ." (eI)" toIly ...., Of property a,... Oltl of and in the ~'CMII'1Clhe tfllKportation of .cIbII eqllip_t of by III 1DeObIe owned or ., opn . Of ruted or Ioancd to I'" : by " . ,.or JIftIfCfJ' '"'"" nul of Ihe owncrdl.,. lnI.nlna'M:e. operallon. use. 1oId1,. ur unloedinc of . '., (I)la)' .11en:nft u. ned IIr opcnlcd by." fl:nh:d or loaned lu 1111' -.... Of - } Cl)1ll)I other "'Cf~n'" up.:raled hy lin, parn ,n lhe COUfOCof his cmplo,mcnl I>yIIny red: .' htIl thil ndlJlion doc. not II'~ watet~nfl w,"k: a.tMJfII premioes nwned hy. renl4ld 10 or rontrulled by lbe on 1 ; (t) to _ ~ ur pI'I)pfti)' UNntl oul of Ihe dilcharp. diaperSl'. releue or cs;'pc of <molle pan. tOOl. fumn. .dd alb" tnale: dleDlicaJs. liquid, or P-' .. malrr_', or ulhcT iffltanh. euataminanh or poUubnl' inla Of upon land. lhe atlnOlf'llcre or ail)'. Ir w.1I' __ or body of Wiler: bul Ih e,~"&nion "'- nol .pply if 'udl dilchafJC. disperSlI. re_oc or taeape is tUddcn Ind l<X'ideata1; .' IJ) Ie ..., ....,. or ~ danIIp ..., lu . whether or nol dc..-larcd. ci"" . r. insurreclion. ,ebdlion nr revolulion or 10 any act or ar. a coadttIoa Incldellt 10 any of lhe fOflJOinJ. "'llh respecl 10 (I'lIblJt, _ed hy lhe ander an iKjd ta1 collbXt. 01' (2) ~ f", flnl lIId under tho: S""plcm~-nlary menl. prnwioion; y (II) to ..., ....., IX ~ dall\lll8 'Of hi.:" ,he it , his ,lMkmnllcc m;ayhe held liable / I) as a permn or OfIPnl1.11111n ~""1l'-od in Ihr hllunC-nof ""luri.". di.lnhuli.,. em,. or !lCfnlll ~k:oholic heVCTaJC"I. n. or I2tilllOt e,..,.ed . .I' .In " .. ., je,,, ,,' pr~lIIiw' ....t fllr ,.. r 1>pur!"",,,,. " . lialrillly ,,, 'm ('. d e Ii) lJy.UI' .. r Ihe wlOl.l;nn of . ny ".Iul" . ,",run.-c r rq:ulalion i"'rbinlll' 10 lhe "=. (tift, dislritlution o. "or of .ny ak:ohoIk. ,,""' bcwcrl~, nr .' 'lilby fa"'" uf lho:",lIinlt ..-rw,nltur I!"""ll nl any ullnl'" I>cwCfa,,, n m,nur "' 10 a I'Cf"'n under lhe Innuen<:" of akoholOt' whJ&:h I QU~ or '-'l'"lnhulL'" In Ih~ Inlo" . t.," of iiI"Y pc, n: : n but pari Iill r 1t!1' r,du"'lft ,h..:, nlll'l'ly .'Ih ,,,,p',d I liahlluy I' ,ho: iaaured or h" Indcmnilee an 0'Il'ACl' or lcarw d~ibed in (2) lbo : I,) 10 any onlipll n I'll' .htlt! Ihe iMund .>( any ,;'11":' .I' hI' In,u'~' lIIay ho:hclJ luh'" unJer any .ttm"n.' ,umren llOn. unc;m"loynlCftl r
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 73 of 272
Page ID#: 93
~JD~O100102
COMPREHF~SIVI:: GENERAll.IAHILITY INSURANCI::.COVERAGE PART IConlinu'e'll) (3) properly in the ~~rc:. c:ust~d>' or c~ntrol of the insured ?r ~s to whkh th.: insured is for ~ny purpose .:xercising physical co t I' but p~rts (2) ~nd ,(3) 01 1I.1Is exc,luslon do not ~pply with respect to liability under ~ written sidetrack agreement and p n/~3) . .:xcluslon do.:s not ~pply wuh respect. to property dallUge (oth.er .th~n to elevators) ~rising out of the use of ~n elevator ~t par. of thiS by. rented to or controlled by Ihe named insured: . ". remises oWned (I) to property damage to premises ~lkll~led t-y the named insured arisin;.: "lit or sndl premi\Cs 01 alll' p~rt thereof;' (m) to loss of use of tangibk property whkh has nol heen phy,kally injured or Jeslro\'ed resullin\! from (l)the del~y in or lack of pcrform~nl'C hy or on hellalfof the'named insured of:iny ~"nlr~i:lllr ~creemenl or (I) the ~ailuTl: of th.: name~.insured's products lie \\lIrk perfnrll1l'li hy n! on hell;,lf of Ihe n~med insured I;' lI1eetlhe levclnf performam: quality. fitness or durability \Varr~nted or represellieli hy Ihe named Insured: .:. but this. exclusion does not apply In In", Ilf usc or olher tall~ihle properly n:sultill[! fwm the sudden and acddental physical injury t destructIon of the named insured's products or .. ork performed lIy or on hcl\~lr oC Ihc named insured arrer slIdl produ,ts or Work or been put'to us.: by any person ur Ilr[!ani7.ation other Ih;ln :111ins'Urcd: . ave (n) to property damage to the named insured's prodocts aei,inl! \1111 III' ,",hprlldlld, or anr P:Ht or such produels; (0) to p~perty damage t'! work perf?rmed. hy or Oil. hl'll:df uf.lh,' namL'1J insur,oU :lrislll;: IIUt of the work or ~ny portion tlIL'rcoC. or OUI oC m~tenals, parts or .:qulpm.:nl lurlllshed In ,0nn.:,llon Iherewllh: (p) to, damages claimed for the withdralV~l. insp~.:tioll, r"r~ir. repl~l'ement. lIr Il'" of usc lIf Ihe named insured's products or work compl'led b>: or for the named insure<! or of any pTOp~rly Ilf whkh sudl prllduc'ls lIr wlIrk forl1l a part. if sudt prod lids. wLlrk or propert/ arc WIthdrawn from the market or from use bec~use of any knnll n LlI <u'p ... ,.leJ J,'f,.c'! ,Ir ddil:ien,>' thcrcin; (q) to property damage included within: ' (I) the explosion hazazd in eonn.:,lion wilh opcralillns idenlili,.d in this puhL>' hy ~ c1assilkation code numher whkh induJ.:s the <"nlbol
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(2) Ihe 'coUapse hazard in <:onnection wilh op<:raliolls identilied ill Ihis 1'"Ii.:y hy a das.,iliL"ation code numl>er which indudes the symbol "c", . (3) ~he underground properly damage hazard in wnne,'li,ln with llper~lll1n' id,,"lili,.d in Ihis polky by ~ dassin~~lilln ~otlc number which Includes the symbol "u". U. PERSONS INSURED
Each of the following is an insured under Ihis insur~nce to the .:xtent scl fllrtl, hdow: (a) if the named insured is designat.:d in the d.:dar~tions as an indi\'idual. the person so desi;:nated hut only with respect to the eondu<:t of ~ business of which he i< the sole proprietor. ~nd the spousc uf the named insured wilh re'ped 10 th,' ,ondu,.t of su,h a t-usin~ss: (b) if the named insured is designated in the declar~tions as a p~rtm'rship or joinl wnlure. lhe partllership or joinl venture SO designated and any partner or member thereof but only wilh respe,t to his )bhiiit). as su,lI: . (c) if the named insured is design:<ted in the ded~ralions as tll~r Ih~n ~n inJividu~1. partllership "I jllint ,'clllllr". (he organiz~tion so desi!!naled and ~ny executive officer. director or sto,kh"IJ,. there,)f \\'hile aeling within the s':"pe "C lIis Juli,'s as sudl: (d) any person (other than an employee "f the named insured) llr (lrl=~njl:llion while ~ding as [\';11csl~te l11~na;:er for lhe named insured: and (e) with respect to the op.:ration, for the purpose of lo,OI11\Jlion upun a puhlie hiidll\ay. of mobile equipment registered und.:r any motor vehicle registration law, (i) an employee of the named insured while operating ~ny sudl ,,<!uipmenl ill the course (If hls employment, and (ii) any other person while operating with the permission ,If Ihl' named insurL'<.1any 'Udl ''<lLlipmenl registered in the name of Ih.: namoo insured and any person or org~niulion leg~lIy respnnsillie for sUL'h llper;ltioll. hul \lnl~' if lh"re is no other \';llid and colleetible insuranL'e avail.3.ble. either on a prinlary or ex,~~s basis. tu sueh persull or orl;anil.~liun: provided that no person or organiz~lion shall be an insured under Ihi, par~~r~pll leI with r,'sp,'~1 10: (I) bodily injury 10 any fellow employe.: uf such person injured ill the ~lIurse f,1 IIi, elllpluYlllenl. lIr (2) property damage to properly own.:d hy, rented to. in ch~rl:e of or u,'L'upkd br Ihc nam.:d insured ur 11lL" mployer of any per~on described e in <ubparagraph (ii). This insurance does not apply 10 bodily injury IIr property damage :Irisilll= ,HII of Ihe L'OIHJU~tIlf anr insured is a partner or memb.:r and whkh is not designated in this plliky ~, :, named insure<.!. Ill. LIMITS OF LIABILITY Regardl~ss oC the number oC (I) insureds unJer this p"lky. (2) pcrs""s "I "r~:I1II/~lion' \\ h" ""l:lin bodily injury or property claims mad.: or suits brought on a,count of hodily injury or property damage, Ih" ,'lInpan>,', liabilily is lillli,ed ~s follo\\'s: damage. or (3) p~rtn,rs!tip or joint v.:nture of which the
Coverage A-The total liabililY of Ihe company for all L1:lIn~gc,. induding d~m~ges fllr "7re. ~nd.lus'S?f ,:r~'kes. ~e~a.u,.: of bod~y injury sustained by one or mor.: p.:rsons as the rc<ult of any olle occurrence shall nlll c~,'eeJ the IlInll III bodily injury IIahlllty st~tcd 111the schedul.: as applicable to "C:l,h oCJ:urrence." Subje.:t to the abo\'e provision respectin\! "e~eh occurrence". Ille tlltallia"ility included within th~ completed operations hazard ~nd (I) ~11 hodily injury bodily injury liabilily <taled in. the s<:hedule ;1S agp-cgatL .. of Ih.: ,ompany fllr ~II d~mage5 b~eau,e of (1) ~11 bodily injury inciudeJ \\lllIin the products hazard shall not exceed the limit of
Coverage B- The tolal liability of the ~ump~ny ror all J~"1~ges. h~',:all,.e lIf ~II property da~g.e. sust~in,'d ~y on.: or more persons ?r organiz,:.tions as the result of anyone occurrence sh~11 not e~eced the hmll 01 proPt"Tty damage lI~blhly slaled 10 the schedule as apphcabl.: to each occurrence"w Subject to the above provision r"sp",tin;: ",~,'h occurrence". Ihe hlt~lli:lhiljly "I' Ih,' nllnp~ny fllr ;dl L1~I11~ges cC:Juse of all property da~Jge_Io ~ which this coverage applies ~nd dcscrib,-d in ~nl' of Ihe Iluillbered suhp~r~;!r:lplt, hdl1\l' ,h~1I 111,1 ,'\,'eed the IlInlt III' properly damage liability <tated in the schedule as "~ggrcple": ." . .' (1) all property damage ~rising out oC premises (Ir "peralion, raled on a' rC!llnn,'ratILln I>a'" or ~'onlr:l,tllr s eq\l\pmenl rated ?n a rec':lpts t-a~ls. including property damage fur which li~hilily i, a"-'\Il1letl Ilnd,r any inCidental contracl rd~tlng III SUdl preml,es or op~ratlons. bllt ~xdudlng property damage included in suhp;lfagraph (2) beluw: . .' . . (2) all property damage arisin;: out uf ~nd u,',urring in tbe ,'"urse 1I1 "perallun, perlllrl1led lor .Ihe na.med.In~~rC'd.br Ind.:pendent cuntra.ct~rs and general supervision thercoC by lhe named insured, induding any su,'h prOpL"Tty damage Ill[ whldl Ila~'.~lty IS aSS:lme~ und.:r any mCld.ental contract relatine to sud1 operation,. hut this ~uhp~r~grarh (~) dlles nul IOdlluc prop"l'[~ uama~e amlllg o~t 01 m~1I1Ien~nce or ~epaU's al premises owned' by or renteJ to the named insured (.r stru~lural ;l!le:~II,)n, "I 'lldl prcml,," \\'I"dl do not 1OI'01l'e ch~nflllg the SIZ': oC or moving buildings or olher stru~ture,: , ..' . (3) all property damage indutled wilhin the pro<!ucts hazard :lIld all property dama;:e Indutl,.J wllllIn (he completed operations haza.nl. Such aggregate limit shall apply separalely to the property dama!!-e desnihed in 'lIhp~ragr:lphs 11l.12) ;~nd (J) ~bo\'e. :lI1d und.:r 5ubpar:lgTaphs and (2). separalely wilh re~pect to e~dl prnje,t ~W:lY from p,remlses owned hy lH cc'nleJ to the named Insured. (II
56(}.4-1.1
Page 2 of 3 pa::;es
Case 3:11-cv-01493-ST
COMPREHENSIVE
Document 1-1
GENERAL LIABILITY
Filed 12/09/11
INSURANCE
Page 74 of 272
PART (Continued)
Page ID#: 94
COVERAGE
Covenges A and B-For tb~ purpose of dcterminill~' lhe limit uf the l'OInpany'< liahilily, all bodily injury and property damage continuous or r~pe-.ted ~xpu~ur~ 10 substantially the SOIm!:~~ncral conditions shall be l:ollsider~d as ari~ing out of one Occurrence
arising out of
. POLICY TERRITORY
This insurance applies only to bodily injury ur property damage whil:h llccurs within the policy t.erritory .
Issued by tbe Company
providing: tbe insurance
atTllrul'd
hy this plllil:y as dcsi~llaled
\In lhe lh:daralions
page made a part hereof. Page 3 of 3 pal;_
Case 3:11-cv-01493-ST
N.medl~
Document 1-1
Filed 12/09/11
Page 75 of 272
Page ID#: 95
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Document 1-1
Filed 12/09/11
Page 76 of 272
Page ID#: 96
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'REMISES MEDICAL 'A YMENTs INsURANCE COVERAGl 'ART

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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
j '9r' WU'ld
Page 77 of 272
Page ID#: 97
O . nn 93. 1,.,1 I', I U ..

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PREMISES MEDICAL PAYMENTS INSURANCE COVERAGE PART (Continued) to any person if any benefits for such bodily injury are payable or required to be provided under any workmen's compensation unemployment compensation or disability benefits law, or under any similar law; , (5) to any ~erson practicing, instructing or participating in any physical training, sport, athletic activity or contest unless a premium charge IS entered for sports activities in the policy with respect to Premises Medical Payments Coverage; (d) to any medical expense for services by the named insured, any employee thereof or any person or organization under contract to the named insured to provide such services. II. LIMITS OF LIABIlITY The limit company's provision for bodily applicable of liability for Premises Medical Payments Coverage stated in the schedule as applicable to "each person" is the limit of the liability for all medical expense for bodily injury to anyone person as the result of anyone accident; but subject to the above respecting "each person", the total liability of the company under Premises Medical Payments Coverage for all medical expense injury to two or more persons as the result of anyone accident shall not exceed the limit of liability stated in the schedule as to "each accident". (4)
When more than one medical payments coverage afforded by this policy applies to the loss, the company shall not be liable for more than the amount of the highest applicable limit of liability III. ADDITIONAL DEFI N ITIONS (including endorsements forming a part of the policy): is afforded
When used in reference to this insurance "insured premises" coverage for bodily
means all premises owned by or rented to the named insured with respect to which the named insured injury liability under this policy, and includes the ways immediately adjoining on land; prosthetic
"medical expense" means expenses for necessary medical, surgical, x-ray and dental services, including ambulance, hospital, professional nursing and funeral services. IV. POLICY TERRITORY This insurance applies only to accidents possessions, or Canada. V. ADDITIONAL Medical CONDITION Proof and Payment of Claim which occur during the policy period within
devices, and necessary
the United States of America,
its territories
or
Reports;
As soon as practicable the injured person or someone on his behalf shall give to the company written proof of claim, under oath if required, and shall, after each request from the company, execute authorization to enable the company to obtain medical reports and copies of records. The injured person shall submit to physical examination by physicians selected by the company when and as often as the company may reasonably require. The company may pay the injured person or any person or organization rendering the services and the payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admission of liability of any person or, except hereunder, of the company.
Issued by the Company providing the insurance (M) 5.81
afforded by this policy as designated on the declarations
page made a part hereof. Page 2 of 2 pages
560-12.1.1
Case 3:11-cv-01493-ST
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Page 78 of 272
Page ID#: 98
...
_..:. Number
ADDITIONAL
NAilED
INSUREDS
ENDORSEIIENT
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s
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Amount Out
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LIABILITY INSlRANCE
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't is qreed
that the definition of "/Iatd
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~:r=': ==to act for such additional nalllld Inlurld(l) in~~r;\J perUlnint to,this ,insurance, inch~i~1 receipt of notice of cancelation; and , .~'. .:fr!~ Return premIum,." ,~y"nd such dIvidends IS may be declared by ttIe company shall b! paid to the IItHd InsUred IIII1MldIR ~~~t~ 1 of the declarations, Ind .'. '-,..Jt: The IIHItd Inilireel named in Item 1 of the declarations shall pay the premium for tt1einsurance afforded the additlonlllll ct:~J~ in accordlnce withtt1e manual rules in use y the company; provided, that in the event of bankruptcy or insoIYencJof ~~ b l'llired named in Item 1 of the declarations, ach additionalu"" Illsured shall be responsible for andPlY to thtt?>-: shaU company the premium for the insurance .fforded such additional __ !Isand. .~iJ.*r: Nothilla contained herein shallaffeel any rillht of recovery I claimant wbich the additional ftlllltd Inlurld would have If not '~~::: IS dtsill'lted IS such. .. :j:-.': . The insurance applies withrespect to the business operltions of the addition.111I1lttdinlurtd(s) in tltt st.tes to which this poficy ~'?~~
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IIIHfId" is amended to include IS a nalHd
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Tht.IIIMCllnlured named in Item 1 of t~e declarations declares thlt.1I firms named in th. poficy IS IIl1tC1lnsalldl addittonal nllIItd IMlreds Ire owned or ftnanclally controlled by the same Interests.:.
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or Il~
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Namesof AddltioRlI NamedInsureds:

WACKER0M1CAl. CCRPORATI~
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All other provisions and conditions remlin unchanRed. (M) 2.81
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... . . Issued by lhe company provtdlnll th! insurance afforded by thiS polICY des1llnated on the declarations page made a part hereof. as 1S-5305
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 79 of 272
Page ID#: 99
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ElDORWlEIIT
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Coverages IodU, Injury Uabil1ty and 'Tap.tty n.aage Liability
Limits of Liability $ 1,000,000 $ 1,000,000 each occurrence aggregate
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it 1. qued that the provia1oftll of the pol icy upUoned "LJMITS OP LIABILITY" . 'r~tlD1 to Bodily Injury Liability and Property n..age Liability are amended ,,'to'::cead a. follow:
_Y.Us
of Uabllity
ret.le of the maber of (1) insureda under this policy. (2) persons or oqail1uUons who 8U.tain bodily injury or property d age. or (3) cla1Ju aade or .1ta brought on account of bodily injury or property daIIage. the COlllpany'S 'Uab1Uty b l1Jlllted follova: G633
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Case 3:11-cv-01493-ST
Document 1-1
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Page 80 of 272
Page ID#: 100
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E11IDORSEIflT(Continatd)
WACKER S I L TROOI C aRP. 2325 00 039640
(b)
If an 8Igregate "aunt i. stated in the Schedule. then. aubJect to the above proviaion res~ctiag "each occurrence". the total Uability of the ca-pan, for aU ciauae. because of all bodU, injury and property ciallWlle tlhlc:h occur. duriq each annual period while this policy 18 in force c~nc1ag fraa Us .ffective date, .hall not 81I:ceed the Hait of UabiUty atated In the Schedule of thia endon.ent as "aggregate". For tbe purpose of deteraining the lblit of the cOllpany's UabUity. all bodil, injury and property daaage arising out of continuous or repeated exposure to substantially the general conditions .hall be considered a. arising out of one occurrence.
(c)
G633 .. er prOVISions and condlhons remain unchanged. 1~~Uedby tile Company provldmg the msurance afforded by thiS polley as deSignated on the declarations page made a part hereof.
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Page 80 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 81 of 272
Page ID#: 101
93~)SO 100022
.!Ju}Jllcate Original
.\'\ausau Insurance Companies

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MUTUAlS.MEMBERSHIP AND VOTING NOTICE:The insured is notified that by virtue of this policy. he is a member of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, and is entitled to vote either in person or by proxy at any and all meeti~gs of said company. The annual Meetings are held at its home office at Wausau, Wisconsin, on the fourth Friday of May, In each year, at9:00 A.M.

(Herein called the company)
In consideration of the payment of the premium. in reliance upon the statements in the declarations subject to all of the terms of this policy, agrees with the named insured as follows:
made a part hereof and
COVERAGES
The insurance afforded by this policy is only with respect to such Coverages as are indicated by specific premium charge or charges in the appropriate Coverage Schedule or Schedules of the Coverage Part or Parts attached to and hereby made a part of this policy. SUPPLEMENTARY The company will pay, in addition to the applicable liability: limit of PAYMENTS court thai part of the judgmentwhic11 does 110t exceed the limit of the company's liability thereonj premiums on appeal oonds reQuired in any such suit, premiums on bonds to release atlachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the ilJSured because of accident or traffic law violation
(b) (a) all expenses incurred by the company, all costs taxed against the Insured in any suit defended by the company and all interest on the entire amount of any judgmenl therein which accrues after entry of the Judgment and before the company has paid or tendered or deposited in
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-----------------
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 82 of 272
Page ID#: 102
II
policy applies; arjsi~g out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the com. (d) reasonable expenses incurred by the insured at the company shall have no obligation to apply for or furnish any pany's request in assisting the company in the investiga. such bonds; tion or defense of any claim or suit, including actual loss of earnings not to exceed $2~ per day. {cl expenses incurred by the insured for first aid to others at the time of an accident, for bodily injury to which this DEFINITIONs When used in this policy (including endorsementsforming a part hereof): "automobile" means a land motor vehicle, trailer or semi. trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not in. elude mobile equipment; (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations";
"elevator" meansany hoisting or lowering device to connect "bodily injury" means bodily injury, sickness or disease floors or landings,whether or not in service, and all appliances sustained by any person which occurs during the policy thereof including any car, platform, shaft, hoistway, stairway. runway, power equipment and machineryj but does not include period, including death at any time resulting therefromj an automobile servicIng hoist, or a hoist without a platform "collapse hazard" includes "structural property damage" outside a building if without mechanical power or if not as defined herein and property damage to any other properly attached to building walls, or a hod or material hoist used in at any time resulting therefrom. "Structural property dam. alteration, construction or demolition operations, or an inclined age" meansthe collapse of or structural injury to anybuilding conveyor used exclusively for carrying property or a dumb. or structure due to (1) grading of land, excavating,borrowing, waiter used l'xclusively for carrying property and having a filling, back.filling, tunneling, pile driving, cofferdam work or compartment height not exceeding four (eet; caisson work or (2) moving, shoring. underpinning,raising or "explosion hazard" includes property damagearising out of demolition of any building or structure or removalor rebuild. ing of any structural support thereof. The collapsehazarddoes blasting or explosion. The explosion haurd does not include not include property dama2e (l) arising out of operations property damage(1) arising out of the explosion of air or steam performed for the named insured by independentcontractors, vessels, piping under pressure, prime movers, machinery or or (2) included within the completed operations hazardor the power transmitting equipment. or (2) arising out of operations underzround property damagehazard, or (3) for which liability performed for the named insured by independent contractors, or (3) included within the completed operations hazard or the is assumedby the insured under an incidental contract; undergroundproperty damagehazard,or (4) for which liability "completed operations hazard" includes bodily injury and is assumedby the insured under an Incidental contract; property damage arising out of operations or reliance upon a representation or warranty made at any time with respect "incidental contract" means any written (1) lease of prethereto, but only if the bodily injury or propertydamageoccurs mises, (21 easement agreement, except in connection with after such operations have been completed or abandoned and construction or demolition operations on or adjacent to a occurs away from premises owned by or rented to the named railroad, (3) undertaking to indemnify a municipality required insured. "Operations" include materials, parts or equipment by municipal ordinance, except in connection with work for furnished in connection therewith. Operationsshall be deemed the municipality, (4) sidetrack agreement, or (5) elevator completed at the earliest of the following times: maintenance agreementj (11 when all operations to be performed by or on behalf of the named insured under the contract have been completed, "insured" means any person or organization qualifyi~g as an insured in the "Persons Insured" provision of the applicable (2) when all operations to be performed by or on behalf of the insurance coverage.The insurance afforded applies separ~te~y I named insured at the site of the operations have been to ead! insured against whom claim is made or SUitS brought, except with respect to the limifs of the company's completed. or (3) when the portion of the work out cif which the injUry or liability; damage arises has been put to its. intended use by any "mobile equipment" means a land vehicle (including any person or organization other than another contractor or machinery or apparatus attached theret~), whet~er ~r not subcontractor engaged in performing operationsfor a prin- sElf.propelled (l) not subject to motor vehicle registration, or cipal as a part of the same project. (2) maintained for use exclusively on premises o~ned ?y or Operationswhich may require further serviceor maintenance rented to the named insured, including the ways Immediately work, or correction, repair or replacement because of any adjoining, or (3) designed for use principally off public roa~s. defect or deficiency, but which are otherwise complete,shall or (4) designedor maintained for the so!e purpose of aff.ordlOg mobility to equipment of the followlOg types forming; an be deemed completed. integral part of or permanently attached to such vehicle: The completed operations haurd does not include bodily power cranes, shovels, loaders, diggers and drills; concrete injury or property damage arising out of mixers (other than the mix.in.transit type); grad.ers,s~rapers, rollers and other road construction or repair equipment; (a) operations in connection with the transportation of proper. air-compressors, pumps and generators, including spray!ng. ty, unless the bodily injury or property damagearises out welding and buDding cleaning equipment; and geophYSical of a condition in or on a vehicle created by the loading or exploration and well servicing equipment; unloading thereof,
----------
- ---
Case 3:11-cv-01493-ST
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Page 83 of 272
Page ID#: 103
r----======================~.3950=HlG9~2================:::::;l
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"named Insured" means the person or organization named "products hazard" includes bodily injury and property dam. a!!e arising out of the named Insured's products or reliance 'n Item 1. of the declarations of this poliCYj upon a representation or warranty made at any time with "named insured's products" means goods or products man. respect thereto. but only if the bodily injury or property dam. ufactured, sold, handled or distributed by the named insured age occurs away from premises owned by or rented to the or by others trading under his name, including any container named insured and after physical possessionof such products thereof (other than a vehicle), but "named Insured's products" has been relinquished to others; shall not include a vending machine or any property other than such container, rented to or located for use of others "property damage" means (1) physical injury to or destruc, tion of tangible property which occurs duringthe policy period, but not soldj including the loss of use thereof at any time resulting there. "occurrence" means an 3ccid~nt, including continuous or from, or (2) loss of use of tangible property which has not been repeated exposure to conditions, which results in bodily injury physically injured or destroyed provided such loss of use is or property damage neither expected nor intended from the caused by an occurrence during the policy period; standpoint of the insuredj "underground property damage hazard" includes under. ground property damage as defined herein and property dam. "policy territory" means; age to any other property at any time resulting therefrom. (l) the United States of America, its territories or possessions, "Undergraund property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any or Canada, or similar property. and any apparatus in connection therewith, (2) international waters or air space,provided the bodily injury beneath the surtace of the ground or water, caused by and or property damage does not occur in the course of trallel occurring during the use of mechanical equipment for the or transportation to (lr from any other country, state or purpose of grading land, pal{ing, excallating, drilling, borrowing, nation, or filling, back-filling or pile driving. The underground property (3) anywhere in the world with respect to damagesbecauseof damage hazard does not include property damage(l) arising bodily injury or property dama!!earising out of a product out of operations performed for the named insured by indewhich was sold for use or consumption within the territory pendent contractors, or (2) included within the completed operdescribed in paragraph (1) abolle,provided the original suit ations hazard, or (3) for which liability is assummed by the insured under an Incidental contract. 10r such damages is brought within such territory;
CONDLTlONS
1. Premium All premiums for this policy shall be computedin as proof of financial responsibility for the future under the accordance with the company'srules, rates, rating plans, preprovisions of any motor Vehicle financial responsibility law, miums and minimum premiums applicable to the Insurance such insurance as is afforded by this policy for bodily Injury liability or for property damaee liability shall comply with the afforded herein. provisions of such law to the extent of the coverage and Premium designated in this policy as "advance premium" limits of liability required by such law. The insured agrees is a deposit premium only which shall be credited to the to reimburse the company for any payment made by the comamount of the earned premium due at the end of the policy pany which It would not have been obligated to make under period. At the close of each period (or part thereof terminating the terms of this policy except for the agreement contained with the end of the policy period) designated in the declara. In this paragraph. tions as the audit period the earned premium shall be computed for such period and, upon notice thereof to the 4. Insured's Duties in tbe Event of Occurrence, Claim or Suit named Insured, shall become due and payable. If the total earned premium for the policy period is less than the premium (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insu.red and alsO previously paid, the companyshall return to the namedinsured reasonably obtainable information with ~espectto the time. the unearned portion paid by the named Insured. place and circumstances thereof, and the names and The named inslll'ed shall maintain records of such informaaddresses of the injured and of available witnesses, shall tion as is neCe53aryfar premium computation, and shall send be given by or for the insured to the company or any of copies of such records to the company at the end of the its authorized agents as soon as practicable. policy period and at such times during the policy period as (b) If claim is made or suit is brought against the insured, the company may direct. the insured shall immediately forward to the company every 2. Inspection and Audit The company shall be permitted but demand, notice. summons Qr other process receil/ed by not obligated to inspect the named Insured's property and him or his representative. operations at any time. Neither the company's right to make (c) The Insured shall cooperate with the company and, upon inspections nor the making thereof nor any report thereon the company's request, assist in making settlements, in shall constitute an undertaking, on behalf of or for the benefit the conduct of suits and in enforcing any right of contri. of the named insured or others, to determine or warrant that bution or indemnity against any person or organization such property or operations are safe or healthful, or are In who may be liable to the insured because of injury or compliance with any law, rule or regulation. damagewith respect to which insurance is afforded under The company may examine and audit the named insured's this policy; and the insured shall attend hearings and trials books and records at any time during the policy period and and assist in securing and giving evidence and obtaining extensions thereof and within three years after the final terthe attendance of witnesses. The insured shall not, exce~t mination of this policy, as far as they relate to the subject at his own cost, voluntarily make any payment, assume matter of this insurance. any obligation or incur any expense other than for first aid to others at the time of accident. 3. Financial Responsibility Laws When this policy is certified
Case 3:11-cv-01493-ST
Document 1-1
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Page 84 of 272
Page ID#: 104
5. Action Altalnst Company No action shall lie against the companyunless, as a condition precedent thereto, there shall have beenfull compliancewith all of the terms of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representati~ thereof who has secured such judgment or written agreementshall thereafter be entitled 10recover under this policyto the extent of the insurance afforded by this policy. No person or organ. ization shall have any right under this policy to join the companyas a party 10 any action against the insured to determine the Insured's liability, nor shall the company be impleaded by the insared or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. 6. otber Insurance The Insurance afforded by this polity is primary insurance, except when slated to apply In excess of or contingent upon the absence of other insurance.When this insuranceis primary andthe Insured has Dther insurancewhich is stated tD be applicabletD the loss on an excess or contino gent basis, the amount of the company's liability under this pDlicy shall not be reducedby the existence of such other insurance. When both this insurance and Dther insurance apply to the loss on the same basis, whether primary, excessor contingent, the companyshall not be liable under this policy for a greater proportion of the loss than that stated in the applicable con. tribution provision below: (a) Contribution by EqualShares. If all of such oltler valid and collectible insurance provides for cDntribution by equal shares, the companyshall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss nDt SDpaid tlte remaining insurers then continue to contribute equal shares of the remaining amount of the loss tmtil each such insurer has paid its limit in"full or the full amount of the loss is paid. not provide for contribution by equal shares, the company shall not be liable fDr a greater proportion of such loss than the appllCllble limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss.
B. Chanzes NDtice to any agent Dr knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the companyfrom asserting any rigflt under the terms of this policy; nor shall the terms of this policy be waiVed or changed, except by endorsement issued tD form a part of this policy. 9. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the Darned insured shall die, such insurance as is afforded by this policy shall applyIII to the named insured's legal representative, as the named Insured, but only while acting within the scDpe of his duties as such, and (2) with respect to the property Df the named Insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal represen.
tatlve.
10. Three Year Policy If this pDlicy is issued for a period of.
three years any limit of the company's liability stated in this polciy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancelation This policy may be canceled by the named Insured by mailing to the companywritten nDtice stating when thereafter the cancelation shall be effective. This policy may be canceled by the company by mailing to the named Insured at the address shDwn in this policy, written notice stating when not less than ten days thereafter such cancelation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of nDtice. The effective date and hour of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancelatiDn is effected or as soon as practicable after cancelation becomes effective, but payment Dr tender of unearned premium is nDt a condition Df cancela. tion. 12. DeclaraUons By acceptance of this policy, the named
(bl Contribution by limits. If any of such Dther insurancedDes Insured agrees that the statements in the declarations are
his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. 13. Mutual PDtiCY Conditions. PARTICIPATIONLAUSE C WITHOUT CONTINGENT IABILITY. No Contingent liability: This policy. is L nonassessable.The policyholder is a member of the company and shall participate, to the extent and upon the cDndilions fixed and determined by the Board of Directors in accordance with the prDvisions of law, in the distribution of dividends so fixed and determined.
1. Subrolation In the event of any payment under this policy, the company shall be subrogated to all the Insured's rigflts of recovery therefor against any person or organization and the Insured shaH execute and deliver instruments and papers and do whatever else is necessary to $!ture such"rights. The Insured shall do nothing after loss to prejudice such rights.
IN WITNESSWHEREOF.he EMPLOYERS t INSURANCE OFWAUSAUA Mutual Company has caused this policy lo be signed by its president and secretary at Wausau, Wisconsin,and countersigned on the declarations page by a duly authorized repres.entative of the company.
I(~
Secrelary
P.!3~
President
Case 3:11-cv-01493-ST
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Filed 12/09/11
Page 85 of 272
Page ID#: 105
NUCLEAR
ENERGY
LIABILITY
EXCLUSION
ENDORSEMENT
(Broad Form) This endorsement modifies the provisions of the policy relating to All AUTOMOBilELIABILITYGENERAl LIABILITY AND MED. ICAl PAYMENTSINSURANCEOTHER THAN FAMILYAUTOMOBilE,SPECIALPACKAGE AUTOMOBiLE, COMPREHENSIVEERSONAL P AND FARMER'S COMPREHENSIVEERSONAL INSURANCE. P It is agreed that: I. The policy does not apply: A. Under any Liability Coverage, to bodily injury or prDperty damaie (1) with respect to which an Insured under the policy is also an insured under a nuclear energy liability policy issued by Nucle~r .Energy liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Assoclat!on of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear m alerial and with respect to which (a) any person or organization . is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b).the InsuredJs, or had this policy not been issued would be, entitled to indemnity from the United States of Ameru;a, or any agency thereof, under any agreement entered into by the United States of America, or any agency i thereof, with any person or organization. \; B. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facnity by any person or organization. C. Under any Liability Coverage, to bodily injury or property dama&:e resulting from the hazardous properties of nuclear material. if (1) the nuclear material (a) is at any nuclear facUity own ed by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or . (3) the bodily injuI)' or property damage arises out of the furnishing by an insured of services, materials, parts or equip. ment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; I "spent fuel" means any fuel element or fuel component, sol id or liquid, which has been used or exposed to radiation in a nuclear reactor; ''waste'' means any waste material (1) containing byproduef material and (2) resulting from the operation by any person or organization of any nuclear facility included within the de lin ition of nuclear facility under paragraph (a) or (h) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separa ting the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel. or {3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at ,any. time the total amount of such material in the custody of the Insured at the premises where such equipment or ISdeVice located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235. (d) any structure, basin, excavation, premises or place prepared or used for the storage. or disposal of ~aste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; . "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self.supporting chain reaction or to contain a critical mass of fissionable material; "properly damage" includes all forms of radioactive contam ination of property. NEW YORKEXCEPTION:The "Nuclear Energy liability Exclusion Endorsement (Broad Form)" does not apply to Automobile lia. billty Insurance in New York. All Dther provisions and conditions remain unchanged. . Issued by the Company providing the insurance afforded by this policy as designated on the declaratIOns page made a part hereof.
"
b.:..-::'
AOOO9
G320
=~-------
------------.
Case 3:11-cv-01493-ST
,,'
Document 1-1
Filed 12/09/11
Page 86 of 272
Page ID#: 106
wausau Insurance Companies ,

GENERAL AMENDATORY.ENDORSEMENT
It is agreed that the 'following definition is added: "'oadingor unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is. accepted for movement into or onto an automobi.le orwhile it is in or on an automobile or while it is being moved from an automobile to the place where it is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechan ical device (other than a hand truck) not attached to the automobile.
93050 103059~ . .
'.
'.'
All other provisions and conditions remain unchanged. .' Issued by the Company providing the insurance affordedby this policy as designated on the declarations page made part hereof. a
na
560.542
G542
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 87 of 272
Page ID#: 107
930~O 102751
wausau Insurance Companies
PREJUDGMENT INTEREST AMENDATORY ENDORSEMENT
The following is added to the Supplementary Payments provision in this policy: The Company will oay, in addition to the applicable limit of liability, prejudgment interest awarded against the insured on that part of the judgment the Company pays. If the Company makes an offer to pay the applicable limit 01 its liability, the Company will not pay any prejudgment interest based on that period of time after the oller .
.:,"\;
, ,
~ .
@.
:"n ..-. ., ...
1114
All other provisions and conditions remain unchanged. ..' . Issued by the company providing the insurance afforded by thiS polley as designated on the declarations
page made a part hereof

IL 00 18
10.84
PRlD. USA
80-134
lEd. 1084)
r
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 88 of 272
Page ID#: 108
....
\,
puplicate
Original
. ',
wausau IrlsurarlCe companies

CDIIIIIIIATIOM CASUAL TV POLICY DECLARA TlOll'
.........
2326 00 039640
WACKER SILTDoIIC
(SEE.'!N)OR5EMENT
M*-.
CCRP.
11)
IftlUfld is:
CORPORATION
shall bllIIIdI:
P.O. BOX 03180

PORTl.ND, CR 97203
Adjustment of pr""ium BUIinIss of IIlUId is:
PHlJAlL Y
1."..,. PIrW:
1 1 85
to 1 1 86
12:01 A.II.,
staftCIIrd lim. II 1CId,. of dI
II tid berlift.
1 n Iff II onty widl ,..Iet to IUd! CowntIIII . iftdicatldbyIIIlCiflc p,,,,,ium c'-II 01 chIrtII itt tIM .",opriIta C SdleduIa 01 SCMduIII of the eo Part or PIr1I tttIChId to ttlls policy. The limit of tilt company'slilbility lllinst lICIt IUdl CCMfIII 1 be IIIthe IPpIlIlIril" CoVIfIII Sdttdult or SchIdu" for ttlI Co PIrt or PIrts IttIdtId 10 ttlis policy.
Ally OF "URAICE AID PREIIIUIi CHARSES PIlE.UII
CHARlO
-rREHENSIVE
GENERAL LIABILITY
INSURJlNCE
24,.na"
INCWtED IN CO'1POSITE RATE
PREMISES MEDICAl PAYMENTS INSURANCE
EndoUI.,..ftll
G542CLj
134CL
-----------------C~
PIns
__________
j-
S Amouftl Due ---
.2lt-i78(
__
560-4-1,1;
560-12-1, 1
I ~: (X) EMPLOYERS INSURANCE OF WAUSAU A Mul~1 Company AltlChtd to Form 60-1.1 end Covtrl91 Parts shown ,bon. ) ILLINOIS EMPLOYERS INSURANCE OF WAUSAU A nlChtd 10 For 1ft JIiO- 1.1 1M Covtrlqt Parts shown IboVl. I . "AUSAU UNDERWRITERS INSURANCE COMPANY
.IKhtd 10 Form W60.'.nd
COVtlflqe Pins shown IboVl. Coverlge Plrls shown .bovi.
WORLDWIDE UNDERWRITERS INSURANCE COMPANY

AllKlltd Enclolllrts
10 Form W6G-llnd
Counlerslgned
byAuthorized Comp~"v ReprewntarIVe
Bur.
Case 3:11-cv-01493-ST
"
Document 1-1
Filed 12/09/11
Page 89 of 272
Page ID#: 109
wausau Insurance Companies

CO\CPltI-:III'~SIVf: ,cd rn,,,,cd ,""Iicy Numbe, (;/-.!'lI'lUI. lIARILlTV Il'iSlJItA:-WCF COVFR.\<;t, PART
WACKER S I L TROOI C C~P. 2326 00 039640
I. l1le ~ ~,!OIded._ only ,",.lJIrespect to IUdI nr Ihe rolJooo,inll Ccwen,es allBe indicaled by opecifil:premium dIaqe IW dIaqn. The Iimll of die COIIIpuya liability 111(each Iadl Co~1'" shall h" as olaUd herein. 1Ub;ec110 all the Inms or Ihia policy han. ,Jermce III_to.
-COVERA~~~_
-.---------
--r -.--.~. .. ----'---
(1) V~ It A(;(,: S('-H
IIM!rS O~-lIA'!.!.L-ITV_ I.~ch I)Llurrence \
".oc l E
---. - _. "Q:'tJ~l"
----
"IlVAN(I"
PRE~Il'"
A-Jodily I"\IIY Lbllny

--
SEE G633 SE~ _G6~.3 _
s
s
~
17 OSc)", r
I-Property Dam8&'" Uabilily focal AdwaDCe remium. P

1 T1Iedcc:laraliono
- ---
- - --
- .---. -
7,700 24,7 SO
i~
,~mplel;d n~ i~-~'~"'-PlInVI~1I: ",h"dull::'., d" n~led .'{;", -I.U1h'h.yIbu,d ... ~ . intllred .'e ,he".", lin Ihe
J. 11lc Ioca,lom nr ~II prem," nwned hy. ,enln:! In '" ,,,nlr llc,l h~ Ihe named InCUftd .00 Ihe p~,1 "c<up"--dhy na-.t accomPlln)',", -ehedulehl
. 1111_ of.-.d hcfem
i__
In .uch llIem,'C. OVon",[~. len.nl
Ci I;cne I.,..., 0 , ""II<'y. link" lh,.lw..,.~,,""
5. T1Icaccoml'lnYI~ ",hedulcl.) . h",Io'od., ~II h.' .. d, ,",u,ed he,eunde, kn" . , CO"' JI III" c1f"t.:!'v"d.le "flh" u n CIlVERAGfS INJlJRV UABILITV DA~AGE LIABILITY
1 COVERAGE A-BODILY
COVERAGE 1-I'ttOPERTY
TlIe comPllnywill pay on h"h~lf ,If Ih~ incured .11,um, ~h'ch th" inswed ,hoollh""nm" ,,,,ally obh,.I"d I P'Y ~, dn.,,,, 1lC',~"''''' I Co~'ae ". bodily injury 0' Co.ence 8. J'IOtIftfYdam. 10 ""lu<:hIh," ,",unnce .pphes. ciluoedhy an occurrence nd [h~ compilny ,h,1I h;c,,, Ih" "lthl ~nd dUI)' 10 defend any '1011(tOI,n,''he in"red " dIm " on acco"nl of wch bodily injury nr pt'ClperlY damall'l!.~"n If ~ny oflh~ .Ilqahono of Ihe "'" ~'" ~wuOOle". f.l . f,.udul~nl. , and rnay make ludl ,n''''llIallOn and \enlemenl nl Jny cb,rn 0' 'lOll ~, il deem. e.pn:!irnl. hUI Ih" cnmp.ny ,h;cll n"l h<'hllp"',1 In p;cyany dum or judcmenl 0, 10 d.. ~nd any ,uII art.,.. lhe .I'phc~h'" II"nl M Ilk- "'lml'~ny'. 'lah,IIly h ho::"n",h.u,lo:d hv ".yo,,'nl nl lud~lIlenr. , Idlltmmls. "lI Insurana::d"", nol .pply 11110 lilobrJily,\tumed hv Ihe inJUred undc::rany contrle! "I ,u""m"nl e""p' .n incidencaJconrrxl; bIOIlh" ",du' n J"". n"l .pptt In J warnnry or f,lne'll 0' quallly 01 lhe named iNU,ed'o proeJael. "'ananly Ih.al ",o,k perfll,mN hy 0' nn ho::h "I Ih~ named i f will be done In workmanblt.m.nn~,; (hi 10 bodIy illJury or properry darnaae iII."nc nul "f Ih" o,",",,hlp. ma,nl"n.n,'''. operalion. "''' . oad,"~ n, unl".d'm( "I (I, any automobie 0, a!lcufl ""'n~d '" opc::ral"dhy 0' nled 0' lo.ned 10 .ny iftsured. n, '~Iany olher .romobil a"cufl np~rJl~d hy any pc,,,,n In Ih" . 10' .."f h" "mph.m"nl by .ny insured; 0 bIOIIh" exclu""n J"", nol .pply 10 Ih" paRIn' 'If .n aulomobile on JII"m ' o,",nn:!h". ,enl"d IUur . ontrllll~-dhy Ih" named iruu,<'C!I' .. ' Ihr wayo ImmedQlely .dlOln,nlt. ,f ,,,,'h automobile" nul "Vo""dhv '" ,enl<'C! r hunr.d n .ny inau' ; ("110 bodily Injury n, properly .sa ~''''nlC uul I (I I Ihe ow~.llIp. """nl"""nc,,. opeUII.'n. u\e. I"adi~ ,,' unloadu'll uf any mobile equipmenl ",hll" bcin, uo<::d ~ny p,,,,,rr.n~. J ,,' "'!,lnIlL"l In
--...-
0,
0,
'0
ucil.
'lllhe operallOn0, uoeof ~ny ,nowmohlle or lra,kr de,.ned lor usc:,he,,,w,.h; II) owned 0' operaled by or ,enlN or loaned to .ny insured. 0' (ii) opc::rilled any pc::r",nin Ih~ cou,ee u'- hi. emr1oym"nl hy .ny insllrN; by
tpeed
or demolitIOn
OlDte".
or In 3ny "unln~
;actiVity I~r in puc.:1icc ~ pr~JlIiIrJtinn
for ;lny 5Ul.h Cunlr"
or ..Ic:tJv1fy nf
1.1110bodly .". 0, property dam ""IOC 0101 .nd onIh" "010'",of Ihe lran'po,I~lion 'H .,f mobile equipmenl hy .n auromobde o",nn! n, Operlled by 0' renled 0, loaned '0 anv insured; {el 10 bodily 111;.,. 0, properly damal" a,,,"nlt nul of ,h" o,",ne h,p, ""'101"n.n",. opera'_'n. u'e. lo.dlnlt or unln.dlO': 01 (I I any ""'alercraf!",o'ned 0' "p~ul<::dI;y ,,,nl,,d '" lo.ned 10 .ny' inw,"". 0' I~'.ny Ol!lel walc::rn.fl op~ul<::dhv lny per,on In ,he "010'''' .h" employm"nl hy .n)' insured: bUI Ihis exdu'lOn do"" nol .pply 10 "".Iernall . hlle .,ho,,, on rr<:m"", ". ecJhy. ,,,nln:! 10 '" ,'onl",IIN hy Ih" named inaurN; n (0 10 bodly injury n, propeyry dlmal'" J"\ln, 0101 "f Ih" d""h;c,~e. d"pc".1. ,"'~'" 0' c'Lap" of ,mo~". npo". "MH. rum",. J,ieh . Ik.h,.
0,
(O'K' c~mIC21,. liqUid, ('f ~~ . 'll: m~h~,1'ul, lJr uthr-r Irrlt.lnh. L"llnt.lmln;anh or pollubnl' Into tlf upon I;and. the ~Imn'rhcn..' n, ~n) wala' C'OUlW ur tKhJ~ ()( 'A:Jolce. ~ul th ... ~l(dU'K.n Jue, 0\11 .Jpply " 'lH,:h JI'(.:~r~e. dl\per'Ql. relca~ nr ~'c.!pr ., \uddc:n aiM.! .I\(Kh'nl;,1. (,) to bodly iniury or pnlpa1y darr .. dl,;t to "''-J'. "'~C'lht'r or nof JCll.l.reti. Civil WJf. ,",urre-fllCln. rehdhnn tlf ft."'\rululltl" ,lr In .loy ;ld ur
condition Innd"nl 10 3n. of lhe: fn'~,"2. "'"h I"'P",:l '" r I) IUhdJly iI.umlll!hy Ih~ iIl_d und", .n IftcidmUI conlncl. ,., Ihlro bodily injury or proPftCy ,f .u.:h ILOhllllY ""I"'",J "
III hv. or ha.,Ju\c: 01' the hc~('rJ.~c. Ilf
(ltfh"
Supplf'ncnl . n P ..I\,'mt."nh. rrnlthl'\(l. 10" "h,<h lit..in.urtd h" lI"kmn,lce '"')' h" held I"hle (I t:1I J f"n'.)n I'r Ilr~nll~IIOn l'n~;.e:cd In lh(' hu'\t~" 01 m.nul;,h:lurlnt!. dhlrlhul1ne:. \C'11i~ or '<fvln~, Jknhulh.: f.!.) If not "C' c:-~~d . .J~.Jn U\o\-n(,f tlr 1.:"n, nf Pfl'II1"~' u .... lor 'Ut h pUqloc.'l .. J
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of
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Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 90 of 272
Page ID#: 110
93g~O 100102
COMPREHF~SIVE GENERA ll.lAlillll'Y INSURANCE'COVERAGE PART (Continued) (3) properly in Ihe .are:, custody or l'ontrol of the insured or :u to whkh th.: insured is for any purpose e:xercisinc physical control' bul parIs (2) and .(3) of Ihis exc,lusion do not apply with respect lo.liability under a wrillen sidetrack agreement and part (3) of this e:ltclusion do.:s not apply with respect, to .property damage (oth.e:r ,than to elevators) arising out o( the llSC of an elevator at premises OWned by, renled to or conlrolled by Ihe named Insured: (I) to property damage 10 premises alienaled by th~ named insured arisin:! ulIl uf Slldl I'rellli\C~ UI an\' part Ihcro:of;' (m) to loss of use of tang.ihle properl~' which has nul heen phy.kall}' injurcd or dcslrul~d resuhinl.! frulII, (1) the delay in or lack of performanc~ hy ur nil hehalf uf Ihe' named in.,ured of :iny cllnlrad nr afreemenl, or (2) the failure: of the named insured's products Itr \I Ilrk pcrfurnll'\l h)' elf UII I>l.'Ilalf uf Ihe named Insured III lIIeet the kvcl of performance quality, fitness or durability warranted or rO:(lres~lIled I>y Ihe named insured: ' but this exclusion due., not apply III In .lf usc lIf olh~r tan~ihl~ pm!,crl}'. resullin!t frolll Ihe sudden and :lI:ddcnlal ph}'sical injury to or I destruction of the named insured's products ur ""uTk perfnrlllcd hy Ilr .un hehalf nf Ih~ named insured arto:r .such pruducls nr work have been put" to use by any person ur llr!!ani7.:Jlion 1I1her Ihan :1Il insured: (n) to property damage 10 the named insured's products ad,inl! ,,"I Itf "IChPfllIlu\'l< ur an}' parI uf such prudllcts; (0) to property damage 10 work performed hy or fill hdlalf uf th,' namloJ insur,'<1 arislll!! IIUI uf the work or any portion thercof or oul of materials, parts or e:quipme:nt furnished in conne:l'liun Ih~rewith: ' (p) to. dam aces claimed for the withdrawal, insp~~lion, n'pair. replal'\~ll1cnl. ur I,'\~ of usc nf Ihc named insured's products or work completed by or for the named insured or of any plllpcrly Ilf whkh SUdl PII'\lU"" IIr work form a pari, if sudl produds. wl'rk ur properly arc withdrawn from the market or from use: beC'Ju~e of :an~' knml n UI sU'I>.:,.tcd dek .. IIr delidenq' therein: (q) to property damage included within: . (1) the explosion hazard in conne:ction with op~ratiun~ idenlili"d in ll:is pohlY hy a cl:Jssilkatiun code numher which incluJti~ the ~vlllbol
"x"
(2) the 'coUapsc hazard in connection "e'" (3) the 'underground property damage includes the symbol "u",
wilh operaliult< hazard
identificJ
ill this ('Iicy h~' a das.<iliL"aliun .. dc numher o idO:lIlilil.d in Ihis pulky
which inl'ludes
the symbol
in l.ollnl .. tiun wilh (Jperallun~
I>~'a l'Ias.,i1ication
code: number which
U. PERSONS
INSURED
Eac:h of the following is an insured under Ihi~ insurJnl"C 10 Ihe e:ltteot ~ct forlh Iwlu\IoI: (a) if the named insured is designate:d in Ihe de:claratiuns as an in"'iI'idual, the per~on <0 designated hut only wilh respect to the conduct of a business of which he is the sole proprietor, and the spouse of the named insuretl with re"pe .. III Ill,' COlldul't of such a business: (b) if the named insured is designah:d in Ihe declarations as a partnership or joinl venlure, Ihe partnership or juint venture so t1esij;nated and an}' partner or member thereof but only wilh respeo:t 10 his Iiahiiit)' as such: . (c) if the named insured is t1esillnatetl in th.: declarations as ther than an individual. partller~hip vi j'linl ,'eulllfe. lhe ur!!anization ~o de:si"naled and any executive officer, director or sto.:khnltler lhcrenf "hile :ll'linj; wilhin thL' ,..:upe "f his dulies as ~u.. ; h co (d) any person (other than an employce Ilf the named insured I Ilr m):aniL:llillll while actinj; ;I' real l"lalc mana~o:r fur the named insured: and (e) with respect to the: operalion, for the purpose: III' IU''Olllvliun upun a puhlic hi):h\\ay. of mobile equipment rCj;istered unde:r any motor vehicle registration law, (i) an employee of the named insured whilc uperalin~ ;lny S\leh \"luipll1enl in Ihe emlrse "I' his cmployme:nt, and (ii) any otherpcrson while oper;ltin~ with the permis.,iun ,If Ihe named insured ;ln~' \Ud1 '''luipm~nt ret:istered in the: name of the named insured and any person ororganizalion legally resplln,illie fur ~Ul'll uper:lliulI. hut unl)' if there is no alher \";Ilid and collectible insurance . available, either on a primary or eXl"CSSbasis. 10 such pers!)1\ tlr .1Ij;~ni/.:JliulI: provided that no person or orcanization shall be an insured under Ihi, para~raph leI with n:"pL'c1 10: (I) bodily injury to any fellow emploree of such p<r,on injured ill the I:tlurse ,.,1 hi~ O:IIII,lu}'lIIenl. ur (2) property damage to property owned hy, rented to, in eharlle uf or o,','upk-,I br Ih.: named insured ur Ihe emplo\'cr of any per~on described In ~ubparagraph (ii), This Insurance does not apply to bodily injury IIr property damage :lrisilll! "UI III' Ihe I:onduct insured is a partner or membc:r and whkh is nut dl"Sij;lIatcd in this plllk}' a, a named in~urt:d. lU.L1MITS OF LIABILITY damage, or (3) IIf any partllership or joinl ve:nlure of which the
Regardle:ss of the number of (I) insureds under thi~ puli,'Y. (2) l>.:r""I1\ "I l)r~:lIl1/ations II 11\1",~t~in bodily injury or property claims made or suits brought on ~ccounl of booily injury ur property "'amage, Ihe "lIl1lpan}", Ii:Jhilil~' is limited as rollows: Coverage A- The tot~1 li~bilily of the company for all d:llna~e,. by one or mor.: pe:rsons as Ihe rcsult uf an~' une occurrence applicable to "each occurrence." indudin~ damJges shall n". ex,'ce'"
fur ,':Ire and luss.of <en;ces, becau~e: of bodily injury sustained the lilllit III' bodily injury liability statc:d in the schedule: as
Subje.:t to the above provision re:specting "each occurrence", Ihe tUlalliahilily "I' the I:nmpany f"r all damages bee~use of (\) all bodily injury included within the completed operations hazard and (2) all bodily injury incluJed \Hlhin Ihe products hazard shall not exceed the limit of bodily injury liability staled in,lhe sche:dule ;I~ "aggreg~tl'''. Coverage B-The total Ibbilily uf the cumpany for all Jallla!!l.,. h .. -:JlIse ul" all prnperly damage: sustained as the result of anyone occurrence shall not exceed the limit of property damage iiabililY slated occurrence". by une or more persons or organizations in the schedule as applicable: to "each
Subject to the above provision respeclin!! "I:al'h ol .. urrence Ihe IlIlalliahililY "I' Ih,. "'''lI1pany fur all damage:s becJuse: of all property damage 10 which this coverage applies and dcscrihed in any Ill' Ihe 1I1Ifllhereu 'uhpar~;!r:ll'h" hdow "hall 11,,1es,.~~d Ihc Iimil Ilf properly damage liability stated in the schedule as "aggrq;alc": (I) all property damage arising out of premL"es IIr Ilperalitln~ raled Oil ;I rC!lIl1nCraliull h;lsi, or ~'unlr:lclur's c:quiplOcnl raled ~n a re:cc:ipts basi~. including property damage fur which Iiahility is a",ulIlcd undo:r allY inCidental contract rdaltn~ III such premises or operations, bill excluding property damage indulled in subpar.lgrJph (2) hdllw: .,' . , (2) aU property damage arising oul uf and tI.. curring in lhe l~lurSe III' "pcratllllls pcrlmme'" I"r .'he na.med ,1O~~roo, br IIIde:pendent contra.ct~r~ Jnd general supervision thereof by the namctl insured, indudin;! any ,u,'h prOpl'fty damage Il'r which h:I!'~IIY IS ass"me~ unde:r any Incld,ental contract relating 10 such operJlion" hul this suhparagr~ph (~I dIll'" ntl! IOdllue propert>: dama~e allSlII~ O~I uf malllte:n~nee or r.epJlrs al premises owned by or rented to the: named insured III \Iruclur~l alle:a\lllll\ al \ud, prcml,c~ whIch du not lII\'olvc changlllg the ~Ize of or moving buildint:s or olher strul:lure:s; . ,.. . (3) all properly damage included within Ihe product~ hU:lrd ami "II property damagl' IIldudcd wllilln Ihe completed operations hazard. Such aggregate limit shaU apply separatelr to the property damage de,niho:d in \t1hlrJfa~r:l"hs Ill. (2) ~nd (3) abu\'~. :Ind under subparagnphs and (2), separalely with re:spe:c:t to each project away frum premis . wned hy llr rO:lIle'" Itl the named lI\su~d, o (II
1\1\ (,ell
56~4-1.I
Page 2 Exhibit Aof 3 pJges Page 90 of 272
Case 3:11-cv-01493-ST
COMPREHENSIVE
Document 1-1
GENERAL LIABILITY
Filed 12/09/11
INSURANCE COVERAGE
Page 91 of 272
PART (Continued)
Page ID#: 111
Cov~ges A and B-For thl: purpose or dc.lcrmining'lhc limil of Ihc.L:nmp~ny'~ Ii~hilil~. all bo(li)~ !Jijury and property damage continuous or repeated expo~ure to substanll:1l1y.the samc l!l:ncral ~ontlillon~ shall he considered as armng out or onc occurrence
Y.
ari,ing
oUI or
POLICY TERRITORY
This insurance applil:s only to bodily injury ur properly damage which ()~~urs within lhe policy l.erritory ..
Issued by the Company
providing
the insura"~e
arrllnh:d
hy this P()Ii~y a, "~sil!l\aled
I'"
the lh:daralions
page made a part hcn:of. Page 3 of 3 pagt
Case 3:11-cv-01493-ST
Document 1-1
GENERAlUAE
Filed 12/09/11
-I
Page 92 of 272
Polley No. 2u6 nn
Page ID#: 112 ,"
HAZARDS . Schedule No.1'

Ihdnwted~
80dity
.. .. ~
: . '.
Named
Insured
WACKER 5 I LTR~I
C CORP.
I
;
i
..
C
DeKripUon Hu" {Show SumlNlry 01PremIum When Appltclblel
0'
hem No
Code Number
Pr.,n.um 8 (., At"ISq, fll Ibl front. lei Payroll (dITotaICoacP., Pro;ea Ie' Recaipll
Bodily l"fUrY
Praperty
0IIMge
tn;urv
Propeny Dltnlge
~ -4
o
VI
I
---GENERAL LIABILITY--(CCMPOS I TE RATED) PRODUCTS AND COMPLETED OPERATIONS
1.1'" 10Chq, fc of At lbl'" Lindt fooc leI ,., ., 00 of lIltyroll Idl'" "00 of T eo. parPr= lal Per ", of RecaipIa
v.: {I ' ( ;,
, I.,
20050
(22)
,~,OOO,OOO
,081
.039
u,~
~O
ALL OTHER: PREMISES & OPERATIONS; OWf'R OR C()I(TRACTORS PROTECTIVE; EMPLOYEE BENEFITS; PREMISES MEDI CAL; BROAD FffiM CGL, ADD I TlONAL INSUREDS
III
'
4
I' '" i ~, .. .l.~'
f"" I
20050
(22)
140,000,000
.041
.016
,
I
WAUSAU
INSURANCE
COMPANIES
Case 3:11-cv-01493-ST
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Page ID#: 113
II
.,
.0'
PROUSES
MEDICAL PAYIIENTS
INSURANCE
COVERAGE PART
~ tnsuted PolicyNumber WACKER SILTR(JI.IIC ~p, 2326 00 039640 COVERAGE SCHEDULE to such of the followinl Cov.raln IS Ir. indlcat.d ~ specific pr lull cha'llor cbarps. ucllsucll Cov.'I.shlll be u stated Mr.ln, SlbjKt to all til. ttnU of litis poIicJ ""Inl LIMITS OF LIABILITY each person each accident INCLUIEJ) IN lTE RATE
" .;
-,
1. 1111~ YIIt .
~ -.
.fforded is only with rnp.d
~ COIIPUY'sllabillty apinst
E. " MtckII Payments
S 5,000
. ." ."':-. '.' ,.- .-~
...... f.
.:,.
I.
IEDICAl PAYIEIITS The company willpay to or for each person who sustains bodily injury caused by accident III reasonable .tdicalllptftlt incurred within one YIM' from the dlte of the accident on account o~such bodily ililtary, provided such bodily I ry arises out of (a) a condition in the illSlrld,...J_ or (b) operatlOOS respect to which the naed insured is afforded covel'lle for bodily injary liabilityunci. this policy. with bdusioa This insurance does not apply: (I) to bodiIf Iljllry (1) .isinl out of the ownership. maintenance. operation. use. loadinl or unloadinl of ~) any ntoIIObilt or aircraft owned or operated by or rented or loaned to any illSUrtd. or ~q any other tOMItiIt or aircraft operated by any person in the course of his employment by any Insllnd: but this exclusion does not apply to the parking an autolllObil. on the IltSIInd prHlislS, il such I.tomobil. is not owned by or 01 rented or loaned to any insured; (2) .isinl out of (i) the ownership, maintenance, operation. use. I~inl or unloadinl of any IIGbil. eqUiPlllnt while being used in Iny !)fUnanled or organized raclnL speed or demolition contest or in any stunting activity or in practice or preparation for Iny such contest or Ictivity or (ii) the operation or use01 any snowmobile or trailer designed for use therewith: (a) owned or operated by or rented or loaned to any insured. or (b) operated by any person in the course of hISemployment by any ins lind; (3) .ising out of the ownershiP. maintenance. operation. use. loading or unloadinl of ~) Iny waterullt owned or Operlted by or rented or loaned to any inslnd, or ~ij Iny other watercraft operated by any person in the course of his employment by any insured: but this exclusion does not apply to watercraft while ashore on the insured prtIIIistS: or (4) arisinlout of and in the course of the transportation01 mobil. equipment by an aato.obil. owned or operated by or rentedf O Ioantd to any insured; (b) to bodily la}8ry III induded within the cOll1pllttd operations hIz.d or the products hazard: (2) .isinlout of operations performed for the namtd insured by Independent contractors other than maintenance and repair of the (ij lallred premisn or ~i) structural alterations at such premISeSwhich do not involve chanlinl the size of or moving bulldincs or ottIer structures; (3l resultinl from the selhng, serving or RIVing any alcoholic beverage(1) in violation of any statute. ordinance or regulation.~ijo a of t minor. (iiij to a person under the IRfluence of alcohol or (ivlwhich causes or contributes to the intolication of any person. if the aa. insured is a person or organization enllged In the business of manufacturing, distributing, selling or serving alcoholic beo4eraaesor. if not so engaged. ISan owner or lessor of l"enllSes used for such purposes but only part of this exclusion (h) (3) (i) applies when the named insured IS such an owner or lessor; (., due to war. whether or nol declared. civil war. Insurrection. rebellion or revolution. or to any act or condition incident to Iny of the IoreiQing; lei 10 bodily injury . . . . . (11 to Ihe named insured. any partner therein. any tenant or other person regularly resIding on the IOsuredprl"'ISIS or any employee of any 01 the foregoing if the bodily injury arISes out of and the .course of hIS~mployment therewith; to . (2) to any other tenant ,f the bodily injury occurs on that part of the Insured premlSts rented from the named Insured or to any employee ot such a tenant ,t the bodily injury occurs on the tenant's part of the insured premises and arises ou~ oland in the course of hiS employmenllor the tenant (31 to any person while engaged 10 maintenance and repair of the insured premises or alteration, demolition or new construction at such premises;
IM15-81
COVlUCE E - PIEIISES
560-12.11
Pue 1 of 2 oam
Case 3:11-cv-01493-ST
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Page ID#: 114
93050 100175
PREMISES MEDICAL PAYMENTS INSURANCE COVERAGE PART (Continued) to any person if any benefits for such bodily injury are payable or required unemployment compensation or disability benefits law, or under any similar (5) to any person practicing, instructing or participating in any physical training, charge is entered for sports activities in the policy with respect to Premises (d) to any medical expense for services by the named insured, any employee thereof named insured to provide such services. II. LIMITS OF LIABILITY The limit of liability for Premises Medical Payments Coverage stated in the schedule as applicable to "each person" is the limit of the company's liability for all medical expense for bodily injury to anyone person as the result of anyone accident: but subject to the above provision respecting "each person", the total liability of the company under Premises Medical Payments Coverage for all medical expense for bodily injury to two or more persons as the result of anyone accident shall not exceed the limit of liability stated in the schedule as applicable to "each accident". When more than one medical payments coverage afforded by this policy applies to the loss, the company shall not be liable for more than the amount of the highest applicable limit of liability III. ADDITIONAL DEFINITIONS When used in reference to this insurance (including endorsements forming a part of the policy): is afforded (4) to be provided under any workmen's compensation, law; . sport, athletic activity or contest unless a premium Medical Payments Coverage; or any person or organization under contract to the
"insured premises" means all premises owned by or rented to the named insured with respect to which the named insured coverage for bodily injury liability under this policy, and includes the ways immediately adjoining on land;
"medical expense" means expenses for necessary medical, surgical, x-ray and dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing and funeral services. IV. POLICY TERRITORY This insurance applies only to accidents possessions, or Canada. V. ADDITIONAL CONDITION Medical Reports; Proof and Payment of Claim which occur during the policy period within the United States of America, its territories or
As soon as practicable the injured person or someone on his behalf shall give to the company written proof of claim, under oath if required, and shall, after each request from the company, execute authorization to enable the company to obtain medical reports and copies of records. The injured person shall submit to physical examination by physicians selected by the company when and as often as the company may reasonably require. The company may pay the injured person or any person or organization rendering the services and the payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute an admission of liability of any person or, except hereunder, of the company.
Issued by the Company providing the insurance afforded by this policy as designated on the declarations
(M) 5-81
560.12-1.1
Page 2 of 2 pages
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Page ID#: 115
ADDITIONAL NAMED INSUREDS ENDORSEMENT voice -Number InvOice Date $ Amount Due
End Potk, N.btr Assn. 232&00 039640 Named flisured and Address
No.
Producer
Alpha
WACKER
SILTRONIC
CORP.
llris Endorsement is effectIve .. licJPtriod: h
1 1 85 to
AudIt Period and will terminate with the policy. .. 12:01 A.M.. standard time at the address of the named insured as stated herein.
Tlus endorsement modifies such Insurance as is afforded by the provIsions of the policy relating to the 100lowing:
COMPREHENS I VE GENER.AL. LI AS I LI TY I NSURJ'NCE
It is agreed that the definition of "Nailed Insllred" is amended to rnclude as a named insured the person or organization designated below as an additional named insured. subject to the following provisions: 1. The named insured named in Item 1 of the declarationsS authorized to act for such additional named insured(s) In all matters I pertaining to thiS Insurance. Including receIpt ot notice ot cancelation: and 2. Return premium, II any. and such dividends as may be declared by the company shall be paid to the named insured named in Item 1 of the declarations; and 3. The named insured named in Item 1 ot the declarations shall pay the premium for the insurance afforded the additional named insured 10 accordance with the manual rules in use by the companY:.provided. that in the event of bankruptcy or inS(llvency 01the named insured named in Item 1 01the declarations. each additional named insured shall be responsible for and shall pay to the company the premium for the Insurance afforded such additronal named insur.d. 4 Nothrng contamed herein shall affect any nght 01 recovery as a claimant which the additronal named insured would have It not designated as such. 5 The rnsurance applies With respect to the bUSinessoperations 01the additional named insured(s) 0 the states to which this policy 1 applies. 6. The nlmed insured named10 Item ~ of the declarations declarf!S that all firms named in the poliCY as named insureds or as additional named insureds are owned or financially controlled by the same mlerests.
Names of Additional Named Insureds

WACKER O1EMlCAL CORPORATION
All other prOVISIOnsnd conditions remain unchanged. a Issued by the company prOViding the Insurance afforded by thiS policy as deSignated on the declarations page made a part hereof. (M}281 15-5305 G5401
3
Co. LlCov. T
:2
51.
..
_--11
I I
Cr.
1\ mount
Pre-mlum
Cr.
Sdln Clu.!-_K
IOd
P_K
-------Bur.
s
% Issued:
:_
3 7 85KM
Case 3:11-cv-01493-ST
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Page 96 of 272
Page ID#: 116

-
--.---.--- - - -.---,.-.,.".-------------.--~IIIII!!~I111111 "
E MOGRSUI(
NT AllIO
t
,....,
....-
I~
2326 00 0]9640
1__ .., A
....
O. Alphe
InvolC' O"t:
End. No. T
$ Producer
WACK!R S I L TRCt.IIC CalP.
....,1.-. ....
n.
"
II effect""
1 1 85
Audit Period: Ind will terminal. wilh lhe policy. 12:01 A.M., stlndlrd lime II the IcIdr", 0' lhe named inlllf.d IS Stlled herein.
f'w1lMl:
Th1 ndo~ nt .adifi such insurance as 1s afforded by the provisions of the policy relating to the following:
CCJoPREt-~IVE GEf'RAl LIABILITY I~URANCE
AMENDMENT - LIMITS OF LIABILITY (Single Limit) (Policy Aggregate Limit)
SCHEDULE
CoveUlell
Limits of Liability
$ 1,000,000 $ 1,000,000
Bodily Injury Liability and Prop'fty Damage Liability
each occurrence aggregate
It 11 agread that the provisions of the policy captioned "LIMITS OF LIABILITY" relating to Bodily Injury Liability and Property Damage Liability are amended tu read a. follow.: Li.ita of LiabiLity ReSArdl of the number of (1) inRureds under this polley, (2) persons or ofl.nbationa who su.taln bodily injury or property. damaRe, or (3) cLaims made or Muit. brOuRht un account of bodily injury or property damage, the company's liability i. limited as foLlows:
G633
~I A
CI
r'J re
~-
("'11562\
I
I
883
11 Autu
P Pr~m'um
1
f
!
I
ro.,
I
I
en,
~I
~,T-
toJ.
l)"r
u.J. y,
_. ---
RHOI(IIl COMMISSIO""
_.
P1'1'C
"111
rOT
II
--------;-j--
. S
~A~0;'~:-r-J
3 7 85KM
'Iuued y
Case 3:11-cv-01493-ST
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Page ID#: 117
ENDORSEIENT (Continued) WACKER 5 I L TRONl C CCRP.
2326 00 039640
Bodily
Injury Liability
and
PToperty
Damage Liability:
(.)
Th. lia1t of li.bility atated in the achedule of this endorsement as applicable to ".ach occurrence" ia the total li.it of the co~pany'. liability for all da a inc Iud in. de ea for care and loas of services because of bodily injury and property de auatained by one or more peraona or organizations al a r ult of any OGe occurrence, provided that with r pect to any occurreoce for which notic. of thia policy ia .iven in lieu of security, or when this policy i. certified a. proof of fin.ncial reaponaibillty under the provi8iona of the Motor Vehicle Financial aeaponalbillty Law of any atat. or province. auch ll.it of liability ahall be applied to provide the aeparate li81ta required by auch law for Bodily Injury Liability and PToperty namag. Liability to the extent of the cov.rage required by auch law, but the parate application of .uch limit ahall not increaae the total limit of the coapan,'a liability.
If an algregate a.aunt i. atated in the Schedule, then, aubject to the .bove proviaion re.pectins "each occurrence", the total liability of the c~any for all de se. becauae of all bodily ihjury and property da s. which occun durin ach annual period while thiB policy i8 in force c~ncing froa ita effective dete, ahall not exceed the limit of liability' atatad in the Schedule of thiB endonement as "aggregate". For the purpoae of deleraining the limit of the company'a liability, all bodily injury and proparty damage ariaing out of contlnuoua or repeatad expoaure to aubatantially the same general conditiona shall be considered aa ariaing out of one occurrence.
(b)
(c)
G633
, ..;ttl~f I)lll.'~jon~ dl\(1 conditions ;~maln unchdnged ,',Ul'<1 hv !tl Company OfOYIQlng the lnsurdnce alforded
by thiS policy as deSignated on the decldraltOnS pdge made a part hereof.
"
.,
.1
.,
n _ Exhibit A Page 97 of 272
Case 3:11-cv-01493-ST
Of
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Page 98 of 272
Page ID#: 118
G1GRAbtTE STATE INSURAh~E COMPANY NEW HAMPSHIRE INSURANCE COMPANY

MANCHESTER, NEW HAMPSHIRE
c. V. STARR
UNDERWRITING
SAN FRANC1SCO SEATTLE
& CO.
PORTLAND CHICAGO
MANAGERS
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS

Renews HEW Policy Number WAtDB cm:MICAL co. (A HOLDING CO.) WACKEB.-SILTRONIC COBP. 200 HABKET BLDG.
PORTLAND, OREGON 97201
6578 AND
5751
ITEM1(a) Named Assured: ~h) Address of Named Assured:
This Declaration page, with policy provisions and. endorsements, the above numbered Umbrella Liability Policy. ITEM 2 ITEM 3
if any, issued to fonn a part thereof, completes
Policy Period: From HOVEMBEB.1, 1978 To J.ARUAKY 1 : 1980 j 12:01) A.M. Standard Time at the Address of the Named Assured Stated ~e. Limit of Liability - as Insuring Agreement II. (a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where' applicable (c) Self Insured Retention
$ 4.,000,000.00 $
25,000.00
ITEM 4 ITEM 5 ITEM 6 ITEM 7
Notice of Occurrence (Condition G) to: C.V. Starr & Co., Currency (Condition Q):
mmm
U.s. Dollars
EMBARCADERO CE!ll'ER SAN FRANCISCO, CA. 94111
Payment of Premium (Condition Q) to: C.V. Starr & Co. , Premium Computation: Rating Basis FLAT FLAT "i1iMlIRremium $ 4,000.00 Minimum Premium 4,000.00
mmm
EMBARCADERO CENTER. SAN FRANCISCO, CA.. 94111
Estimated Exposure
Estimated Premium
Rate
$
Audit Period
NONE
DECEMBER26., 1978 CG/EBB/ss
c.V. STARR & co.

S 1116
UntMrwritlng
Ma.-gen
ORIGINAL
Case 3:11-cv-01493-ST
"
..
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1
Page ID#: 119

"
ENDOISEMENT NO.
~,
FOLLOWING FORM CARE, CUSTODY OR CONTROL ,"
,.,
,-.
EXCEPT'msOF,AR AS COVERAGE .J:S',.AVAIUaBLE TO mE m ASSlJRED
:m"mE
THIS
UNDERLYING mStJRANCES AS" SE.'lOUT
THE A'l'TACBED SCHEDULE,
. POLICY SHALL, BOT APPLY ,TO LJ:ABmTY DAMAGE,TO PROPERTY OF O'l'HERS'WHILE
OF 'mE ASSURED FOR LOSS OR. INTBE CARE, ,CUSTODY OR CON,"

"
.
','mOL OF .mE'ASStmED,.
'
. '!'> ...
:'-."
','
: .-.;;;- I.~:.-".: , ..
.. _... ..'
."~~,~i~j;~~.",
. :i:"" . " .
.'...
-:;'"
" ~':: '.:';..!.'~:'~:~'-':i-':

. ::'.
:...
,"
Effed ..
01
ndMmftIf....
NOVEHBER.1,' 1978 6578-5751
o NEW HAMPSHIRE
:El
GRANITE STATE
INSURANCE INSURANCE
CO. COMPANY
A.ochedto and forming part 01 No tuuedto:WACKER.
CHEMICAL CO., ET AL
c. V. STARR
& co.
Dated:
-....,,...
DECEMBER. 6,1978 2
.:r;~o~(
Case 3:11-cv-01493-ST
Document 1-1
ENDORSEMENT. NO.
Filed 12/09/11 120

2.
Page 100 of 272
Page ID#:
IT IS HEREBY DRDERS1'OOD Am> AGREED mAT WACKER CIJEMTE AJm WACKER c:BEHrXBDNI:C ARE .,ADDEDAS AN ,ADDITIONAL INSURED AS m nr.rEllEST .APFEARS.. mWACKER snnom:C COBroRAnON AHD ITS BOLDING COMPANYWACKEB CREMTCu, COMPANY,. BUT NOT PO.R.BROADER COVERAGE TIIAH IS AV.AU,ABI.E TO SUCH. ADDITIONAL IHSDRED UNDER. ANY -UNJlERT.'DNG DTSDBAHCES.. .
.':
All other lerms and conditions. remain- unchanged EHedive dote of thl5 endorsemenl is:
NOVEMBER 1,
1978
NEW HAMPSHIRE STATE
INSURANCE INSURANCE
CO, COMPANY
A"oched 10 and forming part af No. luued

10:
6578-5751
ET AL
Il GRANITE
WACKER CHEMICAL CO.,.
Dated:
DECEMBER 26,
1978
END.. 12
.:0[.'
c~w~ ~V\J?~~
Underwriting
c. V. STARR
& CO. Managers
\f
.I
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Page~ID#: ...
,- . ENDORSEMENT NO.
rrIS
IIf11i1RRSTOQI) !lJ)AGBEEIl.mA:r A
THIS ~OLI:CY SHALL ROT APPLY
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All othertermsond. condltloRS'.remaln-unchcm;ed
Effective date of this,.ndorsementis:., A1tacheeHo ancHorming luued to: part. of No
1llOVEMBER.:
1; 1978'
O. NEW HAMPSHI RE INSURANCE CO.

~ GRANITE STATE INSURANCE COMPANY
6578-5751
c. V. STARR
& CO. Underwriting Managers
Doted:
_
DECEMBER .2.6~.1978-,'
END #3 .
. t rv.'lin) t
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ENDORSEMENT NO.
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IT IS UNDERSTOOD AND AGREED THE SCHEDULE OF UNDERLYING INSURANCES (FORM CVS 1117) IS AMENDED TO SHOW THAT THE PRIMARY COVERAGE PROVIDES: FIRE LEGAL LIABILITY (NON-OWNED)
WATERCRAFT LIABILITY
All other
terms
and conditions of this endorsement
remain is:
unchanged
Effective date Alloched
NOVEMBER 1,
1978
NEW HAMPSHIRE STATE
INSURANCE INSURANCE
CO. COMPANY
to and forming
part 01 No.
6578-5751
CO., ET AL
IKl GRANITE
'd
to:
WACKER CHEMICAL
C. V. STARR & CO. Underwriting Managers
END.
Doted:
U"'A CIltKV.
#4
.:
-Exhibit A Page 102 of 272
JANUARY
'/78'
10,
1979
By
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SCHED~LE OF UNDERLYING INSURANCE 123
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Attached to and Forming Part of Policy No. 6578-575l. Issued To . tw"X"ER CREMTr.AI, CO., ET AL ." Type of Policy Or Coverage Comprehensive General Liability, INCLllDING PRODUCTS
Date NOVEMBER It- 1978 , Limits of Liability
Bodily Injury Liability $ $ $

.......
each~n each occurrence aggregate
Proper:ty Damage Uabil ity

$'
Combined Single Limit
$ 1,000,000.
IAutomobile Liability Bodily Injury $
:,:
each person each occurrence

/'
$ Property Damage $
each occurrence
Combined Single Limit $ 1,000,000. Employers Liability Coverage and Employers Liabil ity
$
Miscellaneous Liability
. 100,000.
each accident
Primary Coverage Provides: Products/Completed Operations Broad Fonn Property Damage L10yds Bureau "~rsonal Injury '8 Legal Liability
Yes CX.
ex. o a a
No 0 0
Xl 0 0
XJ
Blanket Contractual Liability "X.C.U." Hazards Errors and Omissions/Malpractice Water Craft Liability
Yes &l
fJ
No 0 0
Ci Ci
C.V.STARR .. co. UnclerWrftlag .
:vs
1117
ORIGINAL
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IiJGRANITE STATE NEW HAMPSHIRE

MANCHESTER~
INSURANCE C'OMPANY INSURANCE. COMPANY
NEW HAMPSHIRE
c. v. STARR
SAN FRANCISCO SEATTLE
&
CO.
PORTLAND CHICAGO
UNDERWRITING MANAGERS
LOS ANGELES
UMBRELLA LIABILITY POLICY

In consideration of the payment of the premium, and in reliance upon the statements in the Dectarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the assured named in the Declarations as follows:
INSURING AGREEMENTS
I. COVERAGE. The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the Assured shaJl be obligated to pay by reason of the liability (a) Imposed upon the Assured by law, or (b) Assumed under contract or agreement by the Named Assured and/or any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, for damages, direct or consequential, Ii) (iii (iii) and expenses, all as more fully defined by the term "ultimate net loss" on account of: Personal injUries including death at any time resulting therefrom, Property Damage, Advertising liability,
ed by or arising out of each occurrence happening anywhere in the world. II. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss the excess of either (a) the limits of the underlying insurances as set out in the schedule in respect of each occurrence covered by said underlying insurances,
or
(b) the amount as set out in the declarations as the self-Insured retention in respect of each occurrence not covered by said underlying insurances, . (hereinafter called the "Underlying Limits'1: and then only up to a further sum as stated in Item J(a) of the Declarations in all in respect of each occurrence subject to a limit as stated in Item J(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Assured. In the event of reduction or exhaustion losses paid thereunder, this policy shall of the aggregate limits of liability under said underlying insurances by reason of
(1) in the event of reduction pay the excess of the reduced underlying limit
(2) in the event of exhaustion continue in force as underlying insurance, subject to all the terms and conditions of this policy. .. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's limit of liability. III. SUPPLEMENTAL DEFENSE. It is agreed that with respect to any occurrence covered only by the terms and con. ditions of this policy except for the amount of the self-insured retention the Company shall (a) defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the Company may make such. investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Assured in the event of accident or traffic law violation during the policy period, but without any obligation to apply for or furnish any such bond; (c) pay all expenses incurred by the Company, all costs taxed against the Assured in any such suit and all interest accruing after entry of judgement until the Company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; and the amounts so incurred, except salaries of any permanent employees of the Assured or the Company, shall be included in~. Ultimate ~ .. .Loss in computing the limit of the Company's liability but shall not be oavable in :virlitinn tn tt.limit the Net ... . ....
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Insuring Agreements I, II, and III shall se to apply after the applicable limits of the by pwment of judgements or settleml!l.&.:i.
npany's liability has been exhausted
THIS POLICY IS SUBJECT TO THE FOLLOWING DEFINITIONS:

1. ASSURED. The unqualified word "Assured", wherever used in this policy, includes not only the Named Assured but
_J)
any officer, director, stocJcholder, partner or employee of the Named Assured, while acting in his capacity as such, and any organization or proprietor with respect to real estate management for the Named Assured;
(b) any person, organization, trustee or estate to whom the Named ~ured is obligated by virtue of a written contract or agreement to provide insurance such as is affOrded by this policy, but only in respect of operations by or on behalf of the Named Assured or of facilities of the Named Assured or used by them; (c) any additional assured (not being the Named Assured under this policy) included in the Underlying Insurances, subject to the provisions in Condition B; but not for broader coverage than is available to such additional Assured under any underlying insurances as set out in attached Schedule; (dl with respect to any automobile owned by the Named Assured or hired for use in behalf of the Named Assured, or to any aircraft owned by or hired for use in behalf of the Named Assured, any person while using such automobile or aircraft and any person or organization legally responsible for the use thereof, provided the actual use of the automobile or aircnft is with the permission of the Named Assured. The insurance extended by this sub-division (d), with respect to any person or organization other than the Named Assured, shall not'apply 1. to any person or organization, or to any agent or employee thereof, operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; 2. to any manufacturer of aircraft. aircraft engines or a~iation accessories, or any aviation sales or service or repair organization or airport or hangar operator or their respective employees or agents with respect to any occurrence arising out of the operation thereof; 3. with respect to any hired automobile or aircraft, to the owner thereof or any employee of such owner. This subdivision (dl shall not apply if it restricts the insurance granted under sub-division (c) above. 2. PERSONAL INJURIES. The term "Personal Injuries" wherever used herein means bodily injury, mental injury, mental anguish, shoclc, sickness, disease, disability, false arrest. false imprisonment, wrongful eviction, detention, malicious proseaJtion, humiliation; also libel, slander or defamation of character or invasion of rights of privacy, except that which arises out of any Advertising activities. ". PROPERTY DAMAGE. The term "Property Damage" wherever used shall mean (1) physical injury to or destruction of ble property, which occurs during the policy period, including loss of use thereof at any time-resulting therefrom; or .-, lOSS of use of tangible property, which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 4. ADVERTISING LIABILITY. The term "Advertising Liability" wherever used herein shall mean: (a) Libel, slander or defamation; (b) Any infringement of copyright or of title or of slogan; (c) Piracy or unfair competition or idea misappropriation under an implied contract; (d) Any invasion of right of privacy; committed or alleged to have been committed in any advertisement, publicity article, broadcast or telecast and arising out of the Named Assured's Advertising activities. 5. OCCURRENCE. The term "Occurrence" wherever used herein shall mean an accident or a happening or event or a continuous or repeated exposure to conditions which unexpectedly and unintentionally results in personal injury, property damage or advertising liability during the policy period. All such exposure to substantially the same general conditions existing at or emanating from one premises location shall be deemed one occurence. 6. ULTIMATE NET LOSS. The term "Ultimate Net Loss" shall mean the total sum which the Assured, or any company as his insurer, or both, become obligated to pay be reason of personal injury, property damage or advertising liability claims, either through adjudication or compromise, and shall also include hospital, medical and funeral charges and all sums paid as salaries, wages, compensation, fees, charges and law-costs, premiums on attachment or appeal bonds; interest, expenses for doctors, lawyers, nurses and investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any oCaJrrence covered hereunder, excluding only the salaries of the Assured's or of any underlying insurer's permanent employees. The Company shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible insurance. 7. AUTOMOBILE. The term "Automobile", - AIRCRAFT. The term "Aircraft", to transport persons or property , wherever used herein, shall mean a land motor vehicle, trailer or semi-trailer. wherever used herein, shall mean any heavier than air or lighter than air aircraft de-
~. PRODUCTS LIABILITY. The term "Products Liability" means (a) Liability arising out of goods or products manufactured, sold, handled, or distributed by the Named Assured or by others trading under his name if the occurrence occurs after possession of such goods or products has been relinquished to others by the Named Assured or by others trading under his name and if such occurrence occurs away from premises owned, rented or controlled by the Named Assured; provided such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vendina machine or any orooertV. Exhibit A
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(b) Uability arising out of operationa, if the occurrence .occurs after such operations I ve been completed or abandoned Ind occurs lway from premises owned, rented or controlled by the Nlmed Assured; provided operations shill not be deemed incomplete because impraperly or defectively perfonnecl or because fur1her operations may be required pursuant to In agreement; provided fur1her the following shall not be deemed to be "operations" within the meaning of th is paragrlph: . (j) pick-up or delivery, except from or onto a railroad car, (ii) the maintenance of vehicles owned or used by or in behalf of the Assured, (iii) the existence of tools, uninstalled equipment and abandoned or unused materials. 10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive period of one year commencing from the inception date of this Policy. 11. AIRCRAFT PRODUCTS. "Ail'CTaft Products" means Ail'CTaft(including missiles or spacecraft and any ground supPOrt or control equipment used therewith), Ail'CTaft arts. and goods or products installed in or on Ail'CTaftor used in connecp tion with Aircraft, manufactured, sold, handled or distributed by the Named Assured or by others trading under the Assured's name. "Ail'CTaftProducts" includes tooling used in the manufllCtUre of Aircraft products, Ind also includes ground handling tools and equipment, training aids, instructions, manuals, bluePrints, engineering and other data, engineering and other advice and services and labor relating to lircraft products. 12. GROUNDING. "Grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more Aircraft from flight operations because of I like condition or suspicion thereof in two or more such Ail'CTlftwhether such aircraft so withdrawn are owned or apereted by the same or different persons, firms or corporations. A grounding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs. THIS POLICY IS SUBJECT TO THE FOLLOWING EXCLUSIONS:
This policy shall not apply: A. to any obligation for which the Assured or any company as its insurer may be held liable under any Workmen's compensation, unemployment compensation or disability benefits law provided, however. that this exclusion does not apply to liability of others assumed by the Named Assured under contract or agreement; B. to claims made against the Assured; 1. for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or Iny defective part or parts thereof nor for the cost of such repair or replacament; 2. for the loss of use of any such defective product or products or part or parts thereof; 3. for improper or inadequate performanc:e,design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification; C. with respect to advertising activities, to claims made against the Assured for: 1. failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; . 2. infringement of registered trade mark, service mark or trade name by 'use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans; 3. incorrect description of any article or commod ity ; 4. mistake in ~vertised price; D. except in respect of occurrences 1alcingplace in the United States of America, its territories or possession, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, letS of foreign enemies, hostilities, (whether war be declared or not), civil war, rebellion, revolution, iflSUrrection, military or usurped power or conTlSC8tionor nationalization or requisition or destruction of or damage to proP"ty by or under the order of Iny government or public or local authority; E. to any ':!aim based upon the Assured's failure to comply with the federal "Employee Retirement Income .Security Act of 1974", or any amendment1hereto; . F. to any claim for personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot. fumes, lads, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or Iny watercoursa or body of water; but this exclusion does not apply if su~ discharge, dispersal, rel~ or escape is sudden and accidental; . G. to any claim for personal injury or property damage: 1. w.ith respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for il$ termination upon ex. haustion of its limit of liability; or 2. resulting from the hazardous properties of nuclear material and with rapect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or
or
(b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any Igreement entered into by the United States of America, or any agency thereof, with any person or organization; or
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resulting from the hazardous prr'''''trties of nuclear material, if 127 (a) the nuclear materia' (j) is L ..tly nuclear facility owned by, or operated by or on behalf of, In Assured or (ii) has been discharged or depersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time POssessed, handled, used; Pl'OCltSSed, stored, tran5POrted or d~of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or pOSses_ sions or facility. Canada, this SUb-paragraph (c) applies only to injury to or destruction of property at such nuclear
As used herein ''hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nudear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component., solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the Operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub-paragraph (a) or (b) thereof; "nuclear facil ity" means Ca) any nuclear reactor, (b) any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium, cessing or utilizing spect fuel, or (iii) handling, Processing or paclcaging waste, (c) any equipment or device time the total amount of device is located consists tion thereof, or mor& than (iii pr0-
Used for the processing, fabricating Or aUoying of speciaf nuclear material if at any such material in the custody of the Assured at the premises where such equiment or of or contains more than 25 grams of plutonium or uranium 233 or any combina250 grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury." or "destruction" includes aU forms of radioactive contamination of Property; . (iv) with respect to liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the CanafZone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
to any claim for personal injury or property damage arising out of Aircraft Products and/or all sums which any assured shall become legally obligated tc! pay as damages resulting in or from grounding of any aircraft; I. to any liability arising our of the violation of any statute, law, ordinance or regulation prohibiting discrimination or humiliation because of race, creed, sex, age, color or national origin.
Except to shall not that this policy the extent apply: coverage is available to the Assured in the Underlying insurances as set out in the attached Schedule, J. to liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for Personal Injury or Death resulting from any act alleged to be assault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft, or for the purpose of preventing personal injury or property damage; it being understood and agreed that this exclusion shall not .apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above.
K. with respect to any aircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them: it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; L with respect to any watercraft owned by the Assured, while away from premises owned, rented or controlled by the Assured, except liability of the Named Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; M. course of such employment; to any employee with respect to injury to or the death of another employee of the same Employer injured in the N. to punitive or exemplary damages awarded against any Assured.
THIS POLICY IS SUBJECT TO THE FOllOWING
CONDITIONS
A. PREMIUM. Unless otherwise provided for the premium for this Policy is a flat premium and is not subject to adjustment except as provided in Conditions Band P. P ns '\DDITIONAL ASSUREDS. In the event of additional assureds being added to the coverage under the Underlying 5 during currency hereof prompt notice shall be given to the Company hereon and if an additional premium has ..ged for such r ./ premium hereon. addition on the Underlying Insurances, the Company shall be entitled to charge an appropriate addi-
C. PRIOR INSURANCE NON CUMULATION OF LIABILITY. It is agreed that if any loss covered hereunder is also covred in whole or in part under any other excess policy issued to the Assured prior to the incePtion date hereof the limit of ability under as stated insurance. lJch losshereon such prior in Item 3 of the Declarations shall be reduced by any amounts due to the Assured on account of
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Subject to the foregoing paragraph; to all the other terms128 ~ndltJons of tn' and ,)!icy in the event that personal injury or property damage arising out of a. "ccurrence covered hereunder is continuing Co .ne time of termination of this policy th., Company will continue to protect the Assured for liabilitY in respect of such occurrence without payment of additional premium. D. SPECIAL CONDITIONS APPLICABLE TO OCCUPA nONAL DISEASE. As regards personal Injury (fatal or nonf=-tal) by occupational disease sustained by any emplovee of the Assured, this policy is subject to the same warranties, terms , conditions (except as regards the premium, the amount and limits of liability and the renewal agreement. if any) as are ttained in or as may be added to the underlying insurances prior to the occurrence for which claim is made hereunder. E. INSPECTION AND AUDIT. and operations at any time. Neither on shall constitute an undertaking such property or operations are safe The Company shall be permitted but not obligated to inspect the Assured's property the Company's right to make inspections nor the making thereof nor any report thereon behalf of or for the benefit of the Assured or others, to determine or warrant that or healthful, or are in compliance with any law, rule or regulation.
The Company may examine and audit the Assured's books and records at' any time during the policy period and extensions thereof and within three- years after the final termin~ion of this DOlievor within one year after final settlement of all claims arising out of personal injury or property damage which occur during the period of this policy as far as they relate to the subject matter of this insurance. F. CROSS UABIUTY. In the event of claims being made.by reason of personal injuries suffered by any employee or employees of -one Assured hereunder for which another Assured hereunder is or may be liable, then this policy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder for which another Assured is, or may be, Hable then this policy shall cover such Assured against whom a claim is mlde or may be mlde in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement II. G. NOnCE OF OCCURRENCE. Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages, which, in the event that the Assured should be held liable, is likely to involve this Policy; notice shall be sent as stated in Item 4 of the declarationses soon as practicable, pr0.vided, however, that failure to give notice of any occurrence which at the time of its happening did not appear to involve this policy but which, a~ a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. H. ASSISTANCE AND CQ-OPERATION. The Company shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Assured but the Company shall hive the right and shall be given the opportunity to associate with the Assured or the Assured's underiyinginsurers. or both, in the ...ense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit Involves, or appears t iONbly likely to involve the Company, in which event the Assured and the Company shall co-operate in all things in the ,(l!nse of such claim, suit or proceeding. I. APPEALS. In the event the Assured or the Assured's underlying insurers elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at their cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liabilitY of the Company for ultimate net loss exceed the amount set forth in Insuring Agreement II for anyone occurrence and in addition the cost and expense of such appeal. J. LOSS PAYABLE. Liability under this policy with respect to any occurrence shall not attach unless and until the As. sured, or the Assured's underlying. insurer, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Company may be liable under the policy within twelve (121 months after the Assured shall have paid. an amount of ultimate net loss in excess of the amount borne by the Assured or after the Assured's liability shall have been fixed and rendered certain either by final judgment against the Assured after actual trial or by written agreement of the Assured, the claimant, and the Company. If any subsequent payments shall be mlde by the Assured on account of the same occurrence Idditional claims shall be made similarly from time to time. Such .Iosses shall be due and payable within thirty (301 days after they are respectively claimed and proven in conformity with this policy. K. BANKRUPTCY AND INSoLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entitY comprising the Assured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. L OTHER INSURANCE. If other valid and collectible insurance with any other insurer is available to the Assured cover. ing a loss also covered by this policy, other than insurance that is in excess of the insurance afforded by this policy, the insurance afforded by this policy shall be excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this policy subject to the terms, conditions and limitations of other insurance. M. SUBROGATION. Inasmuch as this policy is "Excess Coverage", the Assured's right of recovery against any' person or other entity cannot be exclusively subrogated to the Company. It is, therefore, understood and agreed that in case of any payment hereunder, the Company will act in concert with all other interests !including the Assured) concerned, in the exercise of such rights of recovery, The apportioning af any amounts which may be so recovered shall follow the principle that . interests !including the Assured) that shall have paid an amount over and above any payment hereunder, shall first be lbursed up to the amount paid by them: the Company is then to be reimbursed out of any balance then remaining up to u,e amount paid hereunder; lastly, the interests !including the Assured) of whom this coverage is excess are entitled to claim the residue, if any. Expenses necessary to (including the Assured) concerned, in the ratio of their respective recoveries as finally settled .N. CHANGES. Notice to or knowledge possessed by any pe~on shall not effect a waiver or change in any part of this policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company.
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O. ASSIGNMENT. Assignment of intl
. under this policy shall not bind the Comf:.
unless and until their consent is
It. CANCELLATION. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (301 days thereafter, cancellation shall be effective. The mailing of notice' as aforesaid by the Company to the Named Assured at the address shown in this policy shall be. sufficient proof of notice, o the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery Jc:h written notice either by the Named Assured or by the Company shall be equivalent to mailing.
It is agreed that irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail, at the Named Assured's address as shown herein, not less than ten (101 days' written notice stating when the cancellation shall be effective. If this policy shall be. cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this poHcy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice.
Q. CURRENCY. The premiums and losses under this policy' are payable in the currency stated in Item 5 of the Declarations. Payment of Premium shall be made as stated in Item 6 of the Declarations.
R. CONFLICTING STATUTES. In the event that any provision of this policy is unenforceable by the Assured under the laws of any Sta18 or other jurisdiction wherein it is claimed that the Assured is liable for any injury 'covered hereby, because of non-<:ompliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it compiled with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force and during the currency of this policy except for any reduction of the aggi&gate limit or limits contained therein solely by payment of claims in respect of accidents and or occurrences during the period of this policy. Failure of the Assured to comply with the foregoing shall not invalidm this policy but in the event of such failure, the Company shall only be liable to the same extent as they would have been h.cf the Assured complied with the said condition.'
C. V. STARR & CO.

UHOEIlWIllT1NG MANAGllS
Case 3:11-cv-01493-ST
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C<;:lDE NO.
Page 110 of 272
Page ID#:
'SRonR
~OLLINS BURDICK HIJNTER '200 MARKET BLDG. PORTLAND, OREGON 97201
LOC.
KIND
10%
OOGRANITE STATE D NEW HAMPSHIRE

MANCHESTER,
INSURANCE INSURANCE
NEW HAMPSHIRE
COMPANY COM.PANY
C. V. STARR & CO.

UNDERWRITING
MANAGERS
PORTLAND CHICAGO
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS Renews
6578-5751
Policy Number WACKER CHEMICAL CO. (A HOLDING CO.) WACKER SILTRONIC CORP. 200 MARKET BUILDING PORTLAND, OREGON 97201 AND
6580
6886
ITEM 1(a) Named Assured: (b) Address of Named Assured:
This Declllration page, with policy provisions and endorsements, if any, issued to form a part thereof, completes '! above'numbered Umbrella Liability Policy. , ITEM 2
. 'hJ="",.".- JANUARY 1, 1980 . ~ Policy Period: From To JArtUj!Ut~:'J.~'.'b8J."':~"?--::::::Z(12:01) A.M. Standard Time at the Address of the Named Assured St~t~~C~!=>:C?:''t.
'Jr-'~-'?i'L.!J/I//==/l
7>C>Cc1o
~.
V . :;...\
'ITEM 3
Limit of Liability - as Insuring Agreement II. (a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self Insured Retention
! CO'i:::RAG::
$ S,OOO,OoDi.
I
I
cr.;-~
cr~,: ...... -
rc!.'';).'~j'l >J 011 1.,1.:
12B~
r,
I;
--~ --+-.,~_-~I'~
,,;,r.~
lrL.~
f\..., ...LI.~
",c. ~~:-~
) ,_:':.:
"I""
I~
II
$ 5,000,0001
$
~OMM
V~~~-=====!~/)_'V.1 .1,' RATE f- _'
10,OOO~
THREE EMBARCADEROCENTER SAN FRANCISCO, CA. 94111
Notice of Occurrence (Condition G) to: C.V. Starr & Co. , Currency (Condition Q): U.S. Dollars
Payment of Premium (Condition Qj to: C.V. Starr & Co. , THREE EMBARCADEROCENTER SAN FRANCISCO, CA. 94111 Premium Computation: Estimated Premium Rate Estimated Exposure Rating Basis $ FLAT
nexoom
FLAT
Premium $ 7,800.00
Minimum Premium $ 7,800.00
Audit Period
NONE
JANUARY 3, 1980
CVS 1116
CG/F:RJ3/jc.
C.V. STARR & co. Underwriting Managers
By
Exhibit A Page 110 _of 272
Case 3:11-cv-01493-ST
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Page 111 of 272
Page ID#:
~. Att
SCHEDULE OF UNDERLYING INSURANCE

Date JANUARY I, 1980
1.-.'+:: .
ro
d to and Forming Part of Policy No. 6580-6886 WACKER CHEMICAL CO., ET AL Type of Policy Or Coverage
Limits of Liability
Comprehensive ,General Liability INCLUDING PRODUCTS LIABILITY
Bodily Injury Liability
$ $ $ Property
each person each occurrence aggregate Damage Liability each occurrence aggregate Single Limit
$ $ Combined
$ 1,000,000.
Automobile Liability Bodily Injury
$ $ Property $ Combined Damage
each occurrence Single Limit
$ 1,000,000.
Employers Liability Coverage and Employers $ Miscellaneous Liability Liabil ity
100,000.
each accident
Primary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau Personal Injury Fire Legal Liability
Yes
No
~ ~
o
o
~
[3
GI GI
o o
Blanket Contractual Liability "X.C.U." Hazards Errors and Omissions/Malpractice Water Craft Liability (NON-OWNED)
Yes [3l
(jl
No
o
5l
o o
[2il
o
C.V.ST~RR 8<
co.
By
Und_ritlng
Managers
Case 3:11-cv-01493-ST
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Page ID#:
ENDORSEMENT
NO.1
IT
IS
HEREBY
UNDERSTOOD
AND AGREED THAT WACKER CHD1IE INSURED AS THEIR INTEREST
AND WACKER CHEMITRONIC APPEARS IN WACKER BUT UNDER ANY
ARE ADDED AS AN ADDITIONAL SILTRONIC CORPORATION
AND ITS
HOLDING
COMPANY WACKER CHEMICAL TO SUCH ADDITIONAL
COMPANY, INSURED
NOT FOR BROADER COVERAGE THAN IS UNDERLYING INSURANCES.
AVAILABLE
All
other
terms
and conditions
remain
unchanged
Effecllve
dele
of this endorsement
is:
JANUARY 6580-6886 CO., ET AL
1. 1980
NEW HAMPSHI GRANITE
RE INSURANCE INSURANCE
CO. COMPANY
Attached
10 and forming
part
01 No.
rn
STATE & CO.
I.
'd
10:
\-1ACKER CHEMICAL
C. V. STARR Underwriting
Managers
_ Det"d.
JANUARY
3,
1980
END. tIl
By
-------------
Case 3:11-cv-01493-ST
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Page ID#:
ENDORSEMENT
NO.
IT IS UNDERSTOOD AND AGREED THAT THIS POLICY SHALL NOT APPLY TO LIABILITY OF ESK CORPORATION.
All
olher
lerms
and condilions
remain
unchanged
Effective
date of Ihis endorsemenl
IS:
JANUARY 1, 1980
6580-6886
o
~
NEW HAMPSHIRE GRANiTE STATE
INSURANCE INSURANCE
CO. COMPANY
Alloched
10
and forming
porI of No.
I. ,
10:
WACKER CHEHICAL CO., ET AL
C. V. STARR Underwriting
& CO.
Managers
- DOled.
JANUARY J, 1980
ENDT.112
By
Case 3:11-cv-01493-ST
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NO.3
Page 114 of 272
Page ID#:
ENDORSEMENT
FOLLOWING
FOR. CARE,
CUSTODY OR COh!ROL
EXCEPT
INSOFAR
AS COVERAGE
IS
AVAILABLE
TO THE ASSURED THIS
IN THE UNDERLYING SHALL NOT OF
INSURANCES APPLY
AS SET OUT
rn
THE ATTACHED
SCHEDULE,
POLICY
TO LIABILITY
OF THE ASSURED
FOR LOSS
OR DAMAGE TO PROPERTY
OTHERS WHILE
IN THE CARE.
CUSTODY OR CONTROL OF THE ASSURED.
AI/ other l4.rm& and condilions remain unchanged
JANUARY
Altoc~
10 and forming
1,
1930
_
NEW HAMPSHIRE
INSURANCE
CO.
porf of No.
6580-6886
ET AL
KJ GRANITE STATE
INSURANCE COMPANY
lu"ad
10:
WACKER CHEMICAL CO.,
c. V.
STARR &. CO. Underwriting Managers
Doled: _.,..
v . ,"'
JANUARY 3,
c
1980
END.tl3
8y
--------------------
Case 3:11-cv-01493-ST
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Page ID#:
lXJGRANITE STATE NEW HAMPSHIRE

MANCHESTER, NEW
INSURANCE INSURANCE
COMPANY COMPANY
HAMPSHIRE
C. V. STARR & CO.

UNDERWRITING
MANAGERS
PORTLAND CHICAGO
LOS ANGELES
UMBRELLA
LIABILITY
POLICY
In consideration of the payment of the premium, and in reliance upon the statements in "the Declarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the assured named in the Declarations as follows:
INSURING
AGREEMENTS
I. COVERAGE. The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability (a) Imposed upon the Assured by law, any officer, director, stockholder, partner or
or
(b) Assumed under contract or agreement by the Named Assured and/or employee of the Named Assured, while acting in his capacity as such, for damages, direct or consequential, (i) (ii) (iii) Personal injuries including death at any time resulting Property Damage, liability, happening anywhere in the world. net loss the excess of either covered by said undershall only be liable for the ultimate Advertising therefrom,
and expenses, all as more fully defined by the term "ultimate
net loss" on account of:
caused by or arising out of each occurrence II. LIMIT OF LIABILITY. The Company (a) the limits of the underlying lying insurances,
or
insurances
as set out in the schedule in respect of each occurrence
(b) the amount as set out in the declarations said underlying insurances, (hereinafter called the "Underlying Limits"):
as the self.insured
retention
in respect of each occurrence
not covered by
and then only up to a further sum as stated in Item 3(a) of the Declarations in all in respect of each occurrence subject to a limit as stated in Item 3(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Assured. ' In the event of reduction or exhaustion losses paid thereunder, this policy shall of the aggregate limits of liability under said underlying insurances by reason of
(1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insuran"ce, subject to all the terms and conditions policy. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's
of this
limit of liability.
III. SUPPLEMENTAL DEFENSE. It is agreed that with respect to any occurrence covered only by the terms and conditions of this policy except for the amount of the self-insured retention the Company shall (al defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the Compan', may make such investigation, negotiation and settlement of any clalm or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Assured in the event of accident or traffic law violation during the policy period, but without any obligation to apply for or furnish any such bond; (c) pay all expenses incurred by the Company. all costs taxed against the Assured in any such suit and all interest accruing after entry of judgement until the Company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; and the amounts so incurred, except salaries of any permanent employees of the Assured or the Company, shall be included in the Ultimate Net Loss in computinQ the limit of the Company's liability but shall not be payable in addition to the limit Exhibit of the Company's liability, and shall not be included in the self-insured retention.
A Page 115 of 272
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Page ID#:
(b)
Liability arising out of operations, if the occurrence occurs after such operations have been completed or abandoned and occurs away from premises owned, rented or controlled by the Named Assured; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph: (i) (ii) (iii) pick-up or delivery, except from or onto a railroad car, the maintenance the existence of vehicles owned or used by or in behalf of the Assured, equipment and abandoned or unused materials. of tools, uninstalled
10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive period of one year commencing from the inception date of this Policy. . 11. AIRCRAFT PRODUCTS. "Aircraft Products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith). Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Assured or by others trading under the Assured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and services and labor relating to aircraft products. 12. GROUNDING. "Grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more Aircraft from flight operations because of a like condition or suspicion thereof in two or more such Aircraft whether such aircraft so withdrawn are owned or operated by the same or different persons, firms or corporations. A grounding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs.
THIS POLICY IS SUBJECT TO THE FOLLOWING EXCLUSIONS:

This policy shall not apply: A. to any obligation for which the Assured or any company as its insurer may be held liable under any Workmen's compensation, unemployment compensation or disability benefits law provided, however, that this exclusion does not apply to liability of others assumed by the Named Assured under contract or agreement; B. to claims made against the Assured; 1. for repairing or replacing any defective product or products manufactured, sold or supplied any defective part or parts thereof nor for the cost of such repair or replacement; 2. 3. for the loss of use of any such defective product or products or part or parts thereof; by the Assured or
for improper or inadequate performance, design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification;
C. with respect to advertising activities, to claims made against the Assured for: 1. failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; 2. infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans; 3. incorrect description of any article or com mod ity; 4. mistake in advertised price; D. except in respect of occurrences taking place in the United States of America, its territories or possession, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities, (whether war be declared or not). civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to propErty by or under the order of any government or public or local authority; E. to any -:Iaim based upon the Assured's failure to comply with the federal "Employee Retirement Income Security Act of 1974", or any amendment thereto; F. to any claim for personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not apply If such discharge, dispersal, release or escape is sudden and accidental; G. to any claim for personal injury or property damage: 1. with respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for its termination upon exhaustion of its limit of liability; or 2. resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or
or
Exhibit (b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of A America. or any agency thereof, under any agreement entered into by the United States of America, or any Page 116
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Page ID#:
--- --_._-_._-------_ .._- .-.
3.
resulting from the hazardous
properties
of nuclear material, if by or on behalf of, an Assured or (ii) used, processed, stored,
(a) the nuclear material (i) is at any nuclear facility owned by, or operated has been discharged or depersed therefrom; or
(b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, transported or disposed of by or on behalf of an Assured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility. As used herein "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub-paragraph tal or (b) thereof; "nuclear facil ity" means (a) any nuclear reactor, (b) any equipment or device designed or used for (i) separating the isotopes of uranium cessing or utilizing spect fuel, or (iii) handling, processing or packaging waste, (el any equipment or device time the total amount of device is located consists tion thereof, or more than or plutonium, (ii) pro-
used for the processing, fabricating or alloying of special nuclear material if at any such material in the custody of the Assured at the premises where such equiment or of or contains more than 25 grams of plutonium or uranium 233 or any combina250 grams of uranium 235,
(iv)
(d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; with respect to liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the Canal Zone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; to any claim for personal injury or property damage arising out of Aircraft Products and/or all sums which any assured shall become legally obligated to pay as damages resulting in or from grounding of any aircraft; to any liability arising our of the violation of any statute, law, ordinance humiliation because of race, creed, sex, age, color or national origin. or regulation prohibiting discrimination or
H. I.
Except to the extent that coverage is available to the Assured in the underlying insurances as set out in the attached Schedule, this policy shall not apply: J. to liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for Personal Injury or Death resulting from any act alleged to be assault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft, or for the purpose of preventing personal injury or property damage; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above. K. with respect to any aircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them: it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees. unless such liability is already excluded under Exclusion A above; with respect to any watercraft owned by the Assured, while away from premises owned, rented or controlled by the Assured, except liability of the Named Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees. unless such liability is already excluded under Exclusion A above; to injury to or the death of another employee of the same Employer injured in the
L.
M. to any employee with respect course of such employment; N.
to punitive or exemplary damages awarded against any Assured.
THIS POLICY IS SUBJECT TO THE FOLLOWING CONDITIONS

A. PREMIUM. Unless otherwise provided for the premium for this Policy is a flat premium and is not subject to adjustment except as provided in Conditions Band P. B. ADDITIONAL ASSUREDS. In the event of additional assureds being added to the coverage under the Underlying Insurances during currency hereof prompt notice shall be given to the Company hereon and if an additional premium ha.s been charged for such addition on the Underlying Insurance~, the Company shall be entitled to charge an appropriate additional premium hereon. C. PRIOR INSURANCE NON CUMULATION OF LIABILITY. It is agreed that if any loss covered hereunder is also .covered in whole or in part under any other excess policy issued to the Assured prior to the inception date hereof Exhibit A the limit of liability hereon as stated in Item 3 of the Declarations shall be reduced by any amounts due to the Assured on account of
Page 117 of 272
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. ._ .. ._._._0 .._ .._.__ .__ .__. . .
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.
Page 118 of 272

.
Page ID#:
..__ -~.- ..__ .---------
O. ASSIGNMENT. entlorsed hereon.
Assignment
of interest under this.policy
shall net bind the Company
unless and until their corisent is
P. CANCELLATION. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail, at the Named Assured's address as shown herein, not less than ten ('0) days' written notice stating when the cancellation shall be effective. If this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice.
Q. CURRENCY. The premiums and losses under this policy are payable in the currency tions. Payment of Premium shall be made as stated in Item 6 of the Declarations.
stated in Item 5 of the Declara-
R. CONFLICTING STATUTES. In the event that any provision of this policy is unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force and during the currency of this policy except for any reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of accidents and or occurrences during the period of this policy. Failure of the Assured to comply with the foregoing shall not invalidate this policy but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
c. v.
STARR
& CO.
MANAGERS
UNDERWRITING
.- ,.J
l ..
..
...:
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Page ID#:
Domestic Claims, Inc.

Environmental Claims
101 Hudson Street, 30th Floor Jersey City, New Jersey 07302 Tel: 201-631-7335 Fax: 201-631-5043 e-mail: whitney.chelnik@aig.com
June 29, 2007
CERTIFIED MAILIRETURN RECEIPT REQUESTED

Christopher L. Reive, Esq. Jordan Schrader P.O. Box 230669 Portland, Oregon 97281 Insured: Claimant: Sites: Location: Claim No.: Policies: Wacker Siltronic Corp. OR Dept. of Environmental Quality, EPA 7200 NW Front Ave Portland, Oregon 182-67937 Granite State Insurance Company 6581-8028 (Eff. 1/1/81 - 1/1/82)
Dear Mr. Reive: AIG Domestic Claims, Inc. ("AIGDC") has previously acknowledged receipt of the abovereferencep claim on behalf of Granite State Insurance Company ("Granite State"). As you are aware, I have assumed responsibility for handling of this claim. Accordingly, all future correspondence should be directed to my attention. Per your request, AIGDC has conducted an extensive policy search and has recently identified Granite State policy 6581-8028, effective January 1, 1981 to January 1, 1982, issued to Wacker Chemical Co. and Wacker Siltronic Corp. A copy ofthe policy is enclosed for your files. AIGDC submits this correspondence reserving all of its rights and defenses under the terms, conditions and provisions of any policies which may apply to this claim and all rights and defenses which it may have in law and equity. Any action taken by AIGDC or by anyone on its behalf should therefore not be construed as a waiver of any of those rights and defenses including, but not limited to, the right to deny or disclaim coverage in the future if a review of the policies and facts reveals that a denial or disclaimer is warranted.
Services Provided by Members of American Intemational Group. Inc.
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Page ID#:
June 29, 2007 Page 2
Thank you for your continued progress reports on the status of this matter. If you should have any questions regarding this matter, please do not hesitate to contact me at (201) 631-7335, or my manager, Stephen Lakos, at (201) 631-7397. Very truly yours,
.UJ~y~
Whitney R. Chelnik Account Specialist Environmental Claims Enc!.
Services Provided by Members of American International Group, Inc.
Case 3:11-cv-01493-ST
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97201
2uG MARK~T tiU:~lING
Filed 12/09/11 141
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Page ID#:
I "'VLvVIVI.
03 h3
INSURANCE INSURANCE
NEW HAMPSHIRE
10\
[AGRANITE STATE D NEW HAMPSHIRE

MANCHESTER,
COMPANY COMPANY
c. v. STARR
UNDERWRITING
&
CO.
PORTLAND CHICAGO
MANAGERS
LOS ANGELES
UMBRELLA LIABILITY DECLARATIONS Renews
POLICY
6_5_8_0_-_o_8_8_6_'
-----
Policy Number
ITEM Ha) Named Assured: (b) Address of Named Assured:
WACKER CHEHlCAL CO. (A HOLDING {,ACKilR SILTRONIC CORP.
CO.)
AWD
p~ O~ BOX 03180
POltTL/t.ND,
OREGON
97203
if any, issued to form a part thereof, completes
This Declaration page, with policy provisions and endorsements, the above numbered Umbrella Liability Policy. ITEM 2 Policy Period: From JANUARY
I,
II.
1981
To
J.Al:'HjARY
1,
~982
(12:01) A.M. Standard Time at the Address of the Named Assured Stated Above. ITEM 3 Limit of Liability - as Insuring Agreement
(a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self I nsured Retention ITEM 4 ITEM 5 ITEM 6 ITEM 7 Notice of Occurrence Currency (Condition (Condition
$ 5,000,000. 5,000,000. 10,000.

TitRE); E~Jl~ERO CENT-Eft SAll FRAliCISCO, CA 94111
THREE E~.BARCADEOO CENTER
$ $
G) to: C.V. Starr & Co. ,
Q): U.S. Dollars (Condition Q) to: C.V. Starr & Co. ,
Payment of Premium Premium Computation: Rating Basis
SAN FRANCISC~, CA
Estimated
94111
FLAT
mWiremium Minimum
--
Exposure
Estimated $
Premium
Rate
Premium
Audit
Period
$ 5,500.00
5,500.00
NOHE
L"fi13, 1981
.-er.ll/B LS
C.V. STARR &
CVS 1116
co.
By
Underwriting Managers
Exhibit A _ Page 121 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 142
Page 122 of 272
Page ID#:
~-'~EDULE
OF UNDERLYING
INSURAf"-l:. Date JiI.l;U;~R.Y 1, l~()l
6581-8028 ;ttached to and Forming Part of Policy No. ssued To ~.mCKBrl. CllEHICAl. CO. , L'l' AL
Type of Policy Or Coverage :;omprehensive _iability General
Limits of Liability
$ $ $
---
each person each occurrence aggregate
--
---
Property Damage Liability
$ $
--
$ 1,000,000.
L\utomobile Liability Bodily Injury
$ $
---
Property Damage
--
each occurrence
$ 1,000,000.
Employers Liability Coverage and Employers Liabil ity
$
V1iscellaneous Liability
lOO,COO.
each accident
Primary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau ersonal Injury re Legal Liability
Yes
Ga
~ ~ ~
No
Yes Blanket Contractual Liability "X.C.U." Hazards Errors and Ommissions/Malpractice Water Craft Liability l~on-O\.med Employees As Additional Assureds Employee Benefits Liability Other
C.V.STARR&CO. Underwriting M8nllgers By
No
0 Q
0 0 Q 0 0 0
5a
~
0 0
0
~
5J
0 0 [Xl 0
ru
0 0
133
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 143

NO. 1
Page 123 of 272
Page ID#:
ENDORSEMENT
1-: IS liEREBY UNDERSTOOD AND AGREED THAT WACKER CHEMIE .AND WACKER
CHEMITRONIC ABE ADDED AS AN ADDITIOI~ APPEARS IN INSURED AS THEIR INTEREST
WACKER SILTRONIC
CORPORATION
AND I'1'S HOLDING COMPANY
WACXER CHEMICAL COMPANY, AVAILABLE TO SUCII
BUT NOT FOR BROADER COVERAGE THAN IS INSURED UNDER ANY UNDERLYING InSURANCES.
ADDITIONAL
All other terms and conditions
remain
unchanged
Effective dale of this endorsement Attached 10 and forming
is:
JANUARY
1, 1981
o
Ij
NEW HAMPSHI RE INSURANCE GRANITE STATE INSURANCE
CO. COMPANY
port of No.
6581-8028
ET AL
By
Issued 10:
Daten.
MARCH13,
("E:V.
1/11)
1981
ENDT.
11
U"7A
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 144

NO.2
Page 124 of 272
Page ID#:
ENDORSEMENT
IT
15 UNDERSTOOD MD
AGREED
THAT THIS
POLiCY
SHALL NOT
APPLY TO LIABILITY
OF ESK CORPORATION.
All other
terms
and conditions of Ihis endorsement
remain is;
unchanged
Effective dote Attached Issued

10
JANUARY1, 1981
6581-8028
o Xl
CO. COMPANY
and forming
porI of No.
10:
WACKER CHEMICAL
CO.,
ET AL
By
Daterl.
MARCH 13, 1981
ENDT. 12
I I I"
""n'\/
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 145

NO.3
Page 125 of 272
Page ID#:
ENDORSEMENT
FOLLOWING
FORM CARE,
CUS'J.'ODY OR CONTROL
EXCEPT INSOFAR AS COVERAGE

UNDERLYING INSURANCES POLICY DAKAGE ~TROL SHALL NOT APPLY
IS AV~LABLE TO THE ASSURED
IN THE
'rUIS OR
AS SET OUT IN THE ATTACHED SCHEDULE,

~"O
LIABILITY WHILE
OF THE ASSURED IN TllB CARE,
FOR LOSS
oro
PROPERTY
OP O~ERS
CUSTODY OR
OF THE ASSURED.
All olher terms ond conditions remain unchanged

Effeclive dole of Ihis endorsement Alloched to and forming is:
JP..J.~UARY,' 1981 1
6581-8028 ET AL
o i
NEW HAMPSHIRE GRANITE STATE
INSURANCE INSURANCE
CO. COMPANY
porI of No.
Issued 10:
Doter!.
MAJlCll 13,
'/7.)
1981
EtHYl'.
t3
By
:lunA
(REV.
uln (",,,ov
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 146

NO. 4
Page 126 of 272
Page ID#:
ENDORSEMENT
CANCELLATION
ENDORSEMENT
IT
IS HEREBY UNDERSTOODAND AGREED THAT,
EXCEPT FOR NON-PAYMENT SIXTY (60) DAYS
OP ANY PREMIUM, THE COMPANY SHALL PROVIDE NOTICE IN THE EVENT OF CANCELLATION.
All other Effective Attached Issued to:
terms
and conditions
remain
unchanged
dale of Ihis endorsement

10
is:JANUARY
1, 1981
INSURANCE INSURANCE
CO. COMPANY
and forming
part of No.
6581-8028
CO., EX
AL
WACKEa CHEIUCAL
C. V. STARR & CO. Underwriting By Managers _
Doteri.
MARCH 13, 1981

II"'A (REV. "',)
ENJ.11'.
'4
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 147

NO.5
Page 127 of 272
Page ID#:
ENDORSEMENT
.PAY ON BEHALP OP- ENDORSEMENT:
IT IS
UtiDERSTOOD AND AGREED THAT SECTION 1, AGREEMEiiTS, IS
COVERAGE, OF
INSURING
AMENDED TO READ AS FOLLOWS:
1.
COVERAGE.
TIIE COMPlU;Y HEREBY AGREES,

BUT SUBJECT TO THE
ACCORDING
TO '!'HE
HERE-
TERMS AND CONDITIONS
LIMITATIONS
INAFTEB. MEN'l'IONED, TO PAY ON BEHALF OF THE ASSunED ALL Sl;~ WHICH THE ASSURED SHA.I...L
FOR
BE OBLIGATED '1'0 PAY BY
REASON OF THE LIABILITy
All other Effective Allached Issued

10:
terms dole
10
remain
unchanged
is:JANUARY
1, 1981
o
Xl
INSURANCE INSURANCE
CO. COMPANY
ond forming
port of No.
6581 8028
I
WACKER CHEMICAL CO.
ET AL
By
Dote~.
MARCli 13
1/71)
1981
ENDT.
i5
1I'97A
(fItEV.
Llln rnpy
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 148

NO.6
Page 128 of 272
Page ID#:
ENDORSEMENT
FOLLOWING
FORM ENDORSEMENT
NOTWITHSTANDING IS HEREBY
ANY'I'IiING
CONTAINED
HEREIN
TO THE CONTRARY
IT
UNDERSTOOD AND AGREED 'l'HAT WHERE SCHEDULED IS \iRIT'l'EN UNDER 'I'ERM$ AND CONDITIONS TO THE ASSURED
UNDERLYING GP.EATER
INSURANCE PROTECTION
PROVIDING
OR INDEMNITY POLICY
1
THAN THE 'l'ERMS AND CONDI-
'1'IONS OF ThIS
THIS
ItiSURANCE SHALL PAY ON BEHALF OF THE

I
ASSURED UPON 'l'lIE SAME TEm~ APPLICABLE UNDERLYING
CONDITIONS AND LIMITATIONS BUT ~rnERE NO UNDERLYING
OF THE INSURANCE
INSURANCE,
BX.J:STS, THIS
INSURANCE SHALL PAY ON BEHALF OF THE ASSURED UPON THE AND LIMITATIONS OF THE ATTACHED "UMBRELLA" FORM.
TERMS, CmlDITIONS
All other
terms
and conditions of this endorsement forming
remain is;
unchanged
Effective date Attoched Issued to:

10
JANUARY1, 1981
o iP
INSURANCE INSURANCE
CO. COMPANY
and
port of No.
6581-8028
ET AL
WACKER CI1EHICAL CO.,
Daleri.
MARCH13,
'/71)
1981
END'!'. 16
By
Ult7A
(NEV.
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 149 ENDORSEMENT NO. 7
Page 129 of 272
Page ID#:
l't
IS
UNDERSTOOD AND AGREED EXCLUSION
"G n
(AIRCRAFT
PRODUCTS)
IS DELETED IN ITS ENTIRETY.
All other Effective Attoched Issued

10:
terms dote
10
remain
unchanged
is:JANUARY
I, 1981
o
il
INSURANCE INSURANCE
CO. COMPANY
and forming
pari of No.
658l -8028
ET
AL
Dalen.
MARCH
"n)
13, 1981
ENDT 7
By
U"''''
(REV.
!-l/O
rOpy
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 150
Page 130 of 272
Page ID#:
lxJ(jRA_ .ITE ~TATE .0 NEW HAMPSHIRE

MANCHESTER.
INSlJ Kf. let.: INSURANCE

NEW HAMPSHIRE
CU1Vll'AN Y
COMPANY
C. V. STARR & CO.

UNDERWRITING
MANAGERS
PORTLAND CHICAGO
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS Renews 6_5_8_1_-_8_0_2_8 _ Policy Number CO. (A HOLDING CORP. 97203 if any, issued to form a part thereof, completes CO.) 6582AND
8987
ITEMl(a) Named Assured: (b) Address of Named Assured:
WACKER CHEMICAL WACKER SILTRONIC P. O. BOX 03180 PORTLAND, OREGON
This Declaration page, with policy provisions and endorsements, the above numbered Umbrella Liability Policy. ITEM 2
Policy Period: From JANUARY 1, 1982 To JANUARY 1, (12:01) A.M. Standard Time at the Address of the Named Assured Stated Above. Limit of Liability. as Insuring Agreement II. $ 5,000,000.
1983
ITEM 3
(a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self Insured Retention ITEM 4 ITEM 5 ITEM 6 ITEM 7 Notice of Occurrence (Condition
$ 5,000,000. $ 10,000.
G) to: C.V. Starr & Co. , THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94111 Currency (Condition Q): U.S. Dollars Payment of Premium (Condition Premium Computation: Rating Basis FLAT :fllepmsit Premium $ 3,500.00 Minimum Premium $ 3,500.00
Q) to: C.V. Starr & Co. ,
THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94111 Rate
Estimated Exposure
Estimated Premium $
Audit Period NONE
JANUARY ERB/BLS
26,
1982
c.V. STARR
cvs
1116
&
co.
Underwriting MllMli18n
ORIGINAL
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 151
Page 131 of 272

JANUARY I,
Page ID#:
1982
,ttached to and Forming Part of Policy No. isued To WACKER CHEMICAL CO., "'ype of Policy Or Coverage omprehensive General iabi/ity
6582-8987
ET AL
Date
Limits of Liability
Bodily Injury Liability $ $ $ each person each occurrence aggregate
Property Damage Liabil ity $ $ each occurrence aggregate
Combined Single Limit $ 1,000,000. ~utomobile Liability Bodily Injury $ $ Property Damage each person each occurrence
$ --
each occurrence
Combined Single Limit $ :mployers Liability
1,000,000.
Coverage and Employers Liability
$
v1iscellaneous Liability
100,000.
each accident
Primary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau P<!rsonal Injury -Legal Liability
Yes
No
Yes Blanket Contractual Liability "X.C.U." Hazards Errors and Ommissions/Malpractice Water Craft Liability Non-owned Employet-s As Additional Assureds Employee Benefits Liability Other Host Liqu9r f.iabi11_t_y __
C.V.STARR &
No
!Xl
(Xl
o
(Xl CXI
IX!
o o !Xl o o
o
co.
----~/.~
BV
Underwriting Manage"
4JJ
1/
(1
IX] 0 [Xl 0 C [Xl [Xl 0 00 0 0 [Xl 00 o_
.............
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 152

Eff.
Page 132 of 272
Page ID#:
1982
Attached to and Forming Part of Polic.y No. 6582-8987 Issued To WACKER CHEMICAL CO., ET AL Type of Policy Or Coverage Comprehensive General Liability
tJate
JANUARY 1,
Limits of Liability
Bodily Injury liability $ -$ $ each person each occurrence aggregate
Property Damage Liability $ $ each occurrence aggregate
Combined Single Limit $ 1,000,000. Automobile Liability Bodily Injury $ $ Property Damage $ -each occurrence each person each occurrence
Combined Single Limit $ 1,000,000. Employers Liability Coverage and Employers Liability $ Miscellaneous Liability
100,000.
each accident
Primary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau Personal Injury 'ire Legal Liability
Yes
No
[XJ 00
0
0 0
[X)
00
IZl
0
0 0
[Xl
Blanket Contractual'Liability "X.C.U." Hazards ;&ncidenta1 ~~~ alpractice Water Craft Liability Non-owned Employees As Additional Assureds Employee Benefits Liability Liability Other Host Li
Yes IX]
No
!Xl
00
!Xl
00 00
0 0 0 0
C C C
[Xl
I
C.V.STARR 8<
co.
By
Underwriting
P433
Managers
ORIGINAL
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 153
Page 133 of 272
Page ID#:
IT
IS
HEREBY UNDERSTOOD AND AGREED THAT WACKER CHEMIE ARE ADDED AS AN ADDITIONAL IN WACKER SILTRONIC ASSURED
AND AS AND
WACKER CHEMITRONIC THEIR ITS INTEREST
APPEARS
CORPORATION
HOLDING
COMPANY WACKER CHEMICAL THAN IS AVAILABLE
COMPANY,
BUT NOT FOR
BROADER COVERAGE ASSURED
TO SUCH ADDITIONAL
UNDER ANY UNDERLYING
INSURANCES.
All olher terms and condilions
remain is:
unchanged
Effeclive dole of this endorsement Altoched Issued

10: 10
JANUARY 6582-8987 CO.,
1,
1982
_
NEW HAMPSHIRE INSURANCE CO.
and forming porI of No.
Xl GRANITE STATE INSURANCE COMPANY
WACKER CHEMICAL
ET AL
c.
V. STARR & CO.
Un erwriting Managers'
Dot
n.
JAN.
26,
1982
ENDT.
II
By
, . .. J
" ,,/ 1:~~WU 7 ) 'If /

I, ,.,
I
,,/
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 154
Page 134 of 272
Page ID#:
IT IS UNDERSTOOD TO LIABILITY
AND AGREED THAT THIS POLICY SHALL NOT APPLY
OF ESK CORPORATION.
remain is:
unchanged
Effeclive dote of Ihis endorsement Attached Issued

10: 10
JANUARY
1, 1982
o
1:
NEW HAMPSHIRE INSURANCE CO. GRANITE STATE INSURANCE COMPANY
and forming
port of No.
6582-8987 CO., ET AL
WACKER
CHEMICAL
Dall'!d.
JAN. 26, 1982
ENOT. '2
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 155
Page 135 of 272
Page ID#:
FOLLOWING FORM CARE,
CUSTODY OR CONTROL
EXCEPT INSOFAR AS COVERAGE IS
AVAILABLE TO THE ASSURED IN.THE POLICY
UNDERLYING SHALL NOT
INSURANCES AS SET OUT IN THE ATTACHED SCHEDULE, THIS APPLY TO LIABILITY
OF THE ASSURED FOR LOSS OR DAMAGE TO PROPERTY OF CUSTODY OR CONTROL OF THE ASSURED.
OTHERS WHILE IN THE CARE,
All. olher Effeclive Alloene<:! "~ued to:
terms dote
10
ond conditions 01 this endorsement
remain is:
unchanged
JANUARY1, 1982 6582-8987

ET AL
o
K!
CO. COMPANY
and forming
parI 01 No.
c. V.
STARR & CO. I
DCl ri.
JAN. 26,
1982
ENDT.
13
I Exhibit A Page 135 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 156
Page 136 of 272
Page ID#:
CANCELLATION ALL OTHERS
IT
IS HEREBY UNDERSTOOD AND AGREED THAT, EXCEPT FOR NONPAYMENT OF ANY SIXTY (60) DAYS NOTICE
PREMIUM, THE COMPANY SHALL PROVIDE IN THE EVENT OF CANCELLATION.
All other Effective A"ached Issued to:
lerms
and conditions
remain is:
unchanged
dote of .his endorsement

10
JANUARY
1, 1982
o
Kl
INSURANCE INSURANCE
CO. COMPANY
and forming
pari of No.
6582-8987
ET AL
c.
Underwriting ;;na~z1
--I'
Doted.
JAN. 26, 1982
ENDT. '4
By
IL ::> 'i7
&II!
V. STARR & CO.
Of'-.-
j ... \ I ! <'-==-~-=-.--.~ ~\M

A----...'
J --
.;
V'
'Y
Case 3:11-cv-01493-ST
Document 1-1
-_.- _ -_ _
Filed 12/09/11 157
Page 137 of 272
Page ID#:
_.
"PAY
ON BEHALF
OF"
ENDORSEMENT:
IT
IS
UNDERSTOOD AND AGREED THAT SECTION AGREEMENTS, IS
1,
COVERAGE,
OF
INSURING
AMENDED TO READ AS FOLLOWS:
1.
COVERAGE.
THE COMPANY HEREBY AGREES, BUT SUBJECT
ACCORDING
TO THE HEREFOR
TERMS AND CONDITIONS INAFTER MENTIONED,
TO THE LIMITATIONS OF THE ASSURED
TO PAY ON BEHALF
ALL SUMS WHICH
THE ASSURED
SHALL BE OBLIGATED
TO PAY BY
REASON OF THE LIABILITY
remain is:
unchanged
Effective dole of .his endorsement Allached to and forming hued to:
JANUARY Ei382 CO.,
1,
1982
NEW HAMPSHIRE INSURANCE CO. STATE INSURANCE COMPANY & CO.
part of No.
8 9 87 ET AL
xx GRANITE
'-----4'
I/)'
WACKER CHEMICAL
c. V. STARR
Underwriting
Ma2'}a
./
JAN.
26,
1982
ENDT. is
B,--y,
/j,li1-=?--'lk tv.<t=a
.,
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 158
Page 138 of 272
Page ID#:
FOLLOWING
FORM ENDORSEMENT
NOTWITHSTANDING IS
ANYTHING
CONTAINED
HEREIN
TO THE CONTRARY,
IT
HEREBY UNDERSTOOD IS WRITTEN
AND AGREED THAT WHERE SCHEDULED UNDER TERMS AND CONDITIONS TO THE ASSURED THIS INSURANCE
UNDERLYING GREATER
INSU~CE PROTECTION TIONS
PROVIDING
OR INDEMNITY POLICY,
THAN THE TERMS AND CONDIPAY ON BEHALF OF THE OF THE INSURANCE UPON THE FORM.
OF THIS
SHALL
ASSURED
UPON THE
SAME TERMS,
CONDITIONS
AND LIMITATIONS
APPLICABLE EXISTS, TERMS,
UNDERLYING INSURANCE
INSURANCE, SHALL
BUT WHERE NO UNDERLYING OF THE ASSURED
THIS
PAY ON BEHALF
CONDITIONS
AND LIMITATIONS
OF THE ATTACHED
"UMBRELLA"
All other lerms and conditions remain unchanged
Effective dote of Ihis endorsement is:
JANUARY 6582-8987 CO.,
1,
1982
o o
ANached to and forming port of
No.
I~sued 10:
WACKER CHEMICAL
ET AL
c.
V. STARR & CO.
JAN.
26,
1982
ENDT.
16
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 159
Page 139 of 272
Page ID#:
IT
IS
UNDERSTOOD IS
AND AGREED EXCLUSION IN ITS ENTIRETY.
"G"
(AIRCRAFT
PRODUCTS)
DELETED
All olher terms and condilions remain unchanged Effective dole of Ihis endorsement is:JANUARY Attached ','ued
10: 10
1,
1982
o o
and forming port of No. WACKER CHEMICAL
6582-8987 CO., ET AL
JAN.
II"'. ,... 1'''1 v.
26,
1982
ENDT.
i7
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 160
Page 140 of 272
Page ID#:
IT IS UNDERSTOOD AND AGREED THE FOLLOWING IS ADDED TO THE SCHEDULE OF UNDERLYING INSURANCES:
NURSE'S MALPRACTICE
$300,000./900,000.
(AS RESPECTS PAMELA T. SCHNELLINGER)
All olher
lerms
and
condilions
remain
unchanged
Effeclive Altached Issued ta:
dole
of this
endorsemenl por'
is:
JANUARY
15, 1982
0 XJ
10 and
forming
af Na.
6582-8987
WACKER CHEMICAL CO., ET AL
c.
V. STARR & CO.
APRIL 5, 1982
J . ,.
("l[V. "".,
ENDT. i8
Case 3:11-cv-01493-ST
'-II .&. "" . A..L , .&. .&. .&..J "
Document 1-1
.&. 4 A..&. LJ .&..L, U
Filed 12/09/11 161

'-" .&."4' A..L , "",,.L
Page 141 of 272

,,;'
Page ID#:
.&.
'-J 1.y .&..&. -C"1.L"
NEW HAMPSHIRE INSURANCE

MANCHESTER. NEW HAMPSHIRE
COMPANY
C. V. STARR & CO.

UNDERWRITING
SEATTLE PORTLAND
MANAGERS
LOS ANGELES CHICAGO
SAN FRANCISCO
UMBRELLA L1ABILIlY POLICY

In consideration of the payment of the premium, and in reliance upon the statements in the Declarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the assured named in the Declarations and/or subsidiary, associated, affiliated companies or owned and controlled companies as now or hereafter constituted and of which prompt notice has been given to the company.
INSURING AGREEMENTS
1. COVERAGE.The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the ASsured shall be obligated to pay by reason of the liability (a) Imposed upon the Assured by law, or (b) Assumed under contract or agreement by the Named Assured and/or any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, for damages, direct or consequential, and expenses, all as more fully defined by the term "ultimate net loss" on account of: (ij Personal injuries including death at any time resulting therefrom, (ii) Property Damage, (iii) Advertising liability, aused by or arising out of each occurrence happening anywhere in the world. II. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss, the excess of either. (a) The limits of the underlying insurances as set out in the schedule in respect of each occurrence covered by said underlying insurances, or (b) the amount as set out in the declarations as the self-insured retention in respect of each occurrence not covered by said underlying insurances, (hereinafter called the "Underlying Umits"): and then only up to a further sum as stated in Item 3(a)of the Declarations in all in respect of each occurrence, subject to a limit as stated in Item 3(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Uability and in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Assured. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurances by reason of losses paid thereunder, this policy shall (1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance, subject to all the terms and conditions of this policy. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's limit of liability. III. SUPPLEMENTAL DEFENSE. It is agreed that with respect to any occurrence covered only by the terms and conditions of this policy except for the amount of the self-insured retention as stated in Item 3(c) of the Declarations the Company shall: (a) defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is qroundless, false, or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Assured in the event of accident or traffic law violation during the pol icy period, but without any obligation to apply for or furnish any such bond; . (c) pay all expenses incurred by the Company, all costs taxed against the Assured in any such suit and all interest accruing after entry of judgment until the Company has paid, or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; Page 1
-----~_._----------
CVS 1115 REV 6/80
._-----:-'.~.-- -,.-...-~~. ._--
_._.-
-.,..-..--~-..
Exhibit A --_.~------------Page 141 of 272
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deemed to include any cont lr thereof, other than a vehicle, but shall nc. -::Iudeany vending machine or any property, other than such COl "diner, rented to or located for use of others out not sold; . (b) Uability arising out of operations, if the occurrence occurs after such operations have been completed or aba~doned, and occurs away fr?m premises owned, rented or controlled by the Named Assured; provided operatlo~s shall not be deemed Incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph: (i) pick-up or delivery, except from or onto a railroad car, (ii) the maintenance of vehicles owned or used byor on behalf of the Assured, (iii) the existence of tools, un installed equipment and abandoned or unused materials. 10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive period of one year commencing from the inception date of this Policy. . 11. AIRCRAFT PRODUCTS. "Aircraft Products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Assured or by others trading under the Assured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and services and labor relating to aircraft products. 12. GROUNDING. "Grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more Aircraft from flight operations because of a like condition or suspicion thereof in two or more such Aircraft whether such aircraft so withdrawn are owned or operated by the same or different persons, firms or corporations. A grQunding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs.
EXCLUSIONS:
This policy shall not apply: A. to any obligation for which the Assured or any company as its insurer may be held liable under any Workers' Compensation, unemployment compensation or disability benefits law provided, however, that this exclusion does not apply to liability of others assumed by the Named Assured under contract or agreement; B. to claims made against the Assured: for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof, nor for the cost of such repair or replacement; 2. for the ioss of use of any such defective product or products or part or parts thereof; 3. for improper or inadequate performance, design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification; C. with respect to advertising activities, to claims made against the Assured for. 1. failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; 2. infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles of slogans; 3. incorrect description of any article or commodity; 4. mistake in advertised price; D. except in respect to occurrences taking place in the United States of America, its territories or possessions, or canada, to any liability of the Assured directly or indirectly occasioned by, happening. t~rough or in.conseque~ce of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not). CIVilwar, re.beillon, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of, damage to property by or under the order of any government or public or local authority; E. to any claim based upon the Assured's failure to comply with the federal "Employee Retirement Income Security Act of 1974", or any amendment thereto; F. to any claim for personal injury or property damage .arisin~ out of the discharg e, diSpers,ai, trhe~ea~~aO~t:sccoa~~~~ t smoke vapors soot fumes acids alkalis toxic chemicals, IIqUidsorgases,was te ma ena s.o rl '. inants or pollutants i'ntoor ~pon la'nds, the atmosphere or any watercourse or bo.dyof w~ter; but this exclUSion does not apply if such discharge, dispersal, release or escape IS sudden and aCCidental, . G to any claim for personal injury or property damages arising out of Aircraft Products and/or all sums .which any as. sured shall become legally obligated to pay as damages resulting in or from grounding of any aircraft; H. to any liability arising out of the violation of any statute, I.aw,ordi.n~nce or regulation proh~biting discrimination or humiliation because of race, creed, sex, age, color, national ongln or sexual preference. Except to the extent that coverage is available to the Assured in the underlying insurances as set out in the attached
Page 4
1.
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lIaolillY ror t"'ersonal injury ?r.L 1 resunrng rrom any iiCt allegeo to oe as~ ; ano oanery commmea ror me p~rpose of preventing or el!mln~ur1g danger In the operation of aircraft, or for tl,<:purpose of preventing personal Injury or property damage; It ~emg unde~stood and agreed that this exclusion shall not apply to the liability of the Named Assured for personallnlury to their employees, unless such liability is already excluded under Exclusion A above; with ~espect to any aircraft owned by the Assured exc~pt liability of the Named Assured for aircraft not owned by them. It b~lng understood and agreed that this exclUSion shall not apply to the liability of the Named Assured for personal Injury to their employees, unless such liability is already excluded under Exclusion A above; K. with respect to any ~~tercraft owned by the Assured, while away from premises owned, rented or controlled by the Assured, except liability of the Named t:ss~~ed for watercraft not owned by them; it being understood and agreed that thl,se~cluslon shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability IS already excluded under Exclusion A above; L to any employee with respect to injury to or the death of another employee of the same Employer injured in the course of such employment. M. to punitive or exemplary damages awarded against any Assured.
NUCLEAR INCIDENT EXCLUSION CLAUSE LIABILITY 1.
DIRECT (BROAD)
THIS POLICY DOES NOT APPLY TO ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE: with respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereaf; or (b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or resulting from the hazardous properties of nuclear material, if (a) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (ii) has been discharged or dispersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility. As used herein "hazardous properties" includes radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub-paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (i)separating the isotopes of uranium or plutonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium oruranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; 4. with respect to the liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the Canal Zone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactiVity from any nuclear fuel or trom any nUClear waste from the combustion of nuclear fuel. 3.
2.

A. PREMIUM. Unless otherwise provided for, the premium for this Policy is a flat premium and is not subject to adjustment except as provided in Conditions Band P.
Page 5
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follow the pnnclP.lethat any Interes[s 'uOlng lne f'I::;:;ur~UI ::>lldllIldVl: f-IdlU all 1Iidl JU' Ol vvc, a, 'u a"NY< 'r >-''''1'' ,~ .. hereunder,shall first be reimburseduIJ the amountpaid by them: theCompany is thE:...J be reimbursed out of any balance then remainingup to the amount paid hereunder.lastly,the interests(includingthe Assured)of whom this coverage is excess are entitled to claim the residue. if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the Interests (Including the assured) concerned. in the ratio of their respective recoveries as finally settled.
.oJ
. CHANGES. Notice to or knowledge possessed byany person shall not effect a waiverorchangein any partof ttll::;policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed. except by endorsement issued to form a part hereof, signed by the Company. O. ASSIGNMENT. Assignment of interest under this policy shall not bind the Company unless and until their consent is endorsed hereon. P. CANCELLATION. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice. and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that, irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail, at the Named Assured's address as shown herein, not jess than ten (10) days written notice stating when the cancellation shall be effective. II this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice. Q. CURRENCY. The premiums and losses under this policy are payable in the currency stated in Item 5 of the Declarations. Payment of Premium shall be made as stated in Item 6 of the Declarations. R. CONFLICTING STATUS. In the event that any provision of this policy in unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the ~ame effect as if it complied with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force during the curre~cy?f ; policy except for any reduction of the aggregate limit or limits contained therein, solely by payment of cla.,ms In ,~;;pect of accidents and/or occurrences during the period of this policy. Failure of the Assured to comply With the foregoing shall not invalidate this policy; but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
Secretary
C. V. STARR & CO.
President
Page 7
Case 3:11-cv-01493-ST
tached to and Forming Part of Policy 1'1,1.1. ued To WACKER CHEMICAL CO., Type of Policy )r Coverage mprehensive General
Document 1-1
6582-8987
Filed 12/09/11 165
Page 145 of 272

~ .te
Page ID#:
JANUARY 1, 1982
Limits of Liability
ET AL
3bility $ $ $
$ $
$ 1,000,000.
Jtomobile Liability Bodily Injury
$
$ Property Damage $ --
each occurrence
$ 1,000,000.
mployers Liability Coverage and Employers Liability $ liscellaneous Liability
100,000.
each accident
'rimary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau Personal Injury , Legal Liability
Yes
No
Yes Blanket Contractual Liability "X.C.U." Hazards Errors and Ommissions/Malpractice Water Craft Liability Non-Owned Employees As Additional Assureds Employee Benefits Liability Other Host Liquor J:.iabi1~ty
j
No
IX] IX]
1XJ
~ [X
o o [Xl o
IX]
[X}
C
[X} [X]
o [Xl o
o
CJ
lXJ
o [:
00
C.V.STARR
&
co.
--- - / /) ~i -
'.'
:.
AI
......
Underwriting Manager,;
133
Bv"
ORIGINAL
Case 3:11-cv-01493-ST
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c. V. STARR
UNDERWRITING
&
co.
PORTLAND CHICAGO
MANAGERS
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS Renews 6_5_8_2_-_8_9_8_7 _ Policy Number :-_~,_65_8_, 3_:_.:..-_'0_'_"2_1_,,9;<. ".' CO.) AND
ITEM1(a) Named Assured: (b) Address of Named Assured:
WACKER CHEMICAL CO. (A HOLDING WACKER SILTRONIC CORP. P. O. BOX 03180 PORTLAND, OREGON 97203
This Declaration page, with policy provisions and endorsements, , the above numbered Umbrella Liability Policy. ITEM 2
if any, issued to form a part thereof, completes 1984
Policy Period: From JANUARY 1, 1983 To JANUARY 1, (12:01) A.M. Standard Time at the Address of the Named Assured Stated Above. Limit of Liability - as Insuring Agreement II. (a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self Insured Retention $5,000,000.
ITEM 3
$5,000,000. $ 10,000. THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94111 THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94111 Rate
ITEM4 ITEM 5 ITEM 6 ITEM 7
Notice of Occurrence (Condition G) to: C.V. Starr & Co., Currency (Condition Q): U.S. Dollars Payment of Premium (Condition Q) to: C.V. Starr & Co., Premium Computation: Rating Basis FLAT ~itl{Premium $ 3,000.00
Estimated Exposure
Estimated Premium
$
Minimum Premium $ 3,000.00 Audit Period NONE
Feb. 22, 1983
ERB/BLS
C.V. STARR 8<co.
itS 1116
Underwriting Mal\llllers
ORIGINAL
Case 3:11-cv-01493-ST
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Attached to and Forming Part of Policy No. 6583-0219 Issued To WACKER CHEMICAL CO. (A HOLDING CO.) Type of P61icy Or Coverage l,;olllprehensive General Liability
Date JANUARY 1,1984 AND WACKER SILTRONIC CORP. Limits of Liability
Bodily Injury Liability $ $ each person each occurrence aggregate
Combined Single Limit $ 1,000,000. Automobile Liabil ity Bodily Injury $ $ Property Damage $ -each occurrence each person each occurrence
Combined Single Limit $ 1,000,000. Employers Liability Coverage and Employers Liability
$
Miscellaneous Liability NURSE'S MALPRACTICE
100,000.
each accident
$500,000./$1,500,000.
Primary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau Personal Injury Fire Legal Liability
Yes
No
!Xl !Xl
o
IX)
o o
!Xl
. No Blanket Contractual Liability "X.C.U." Hazards Nurse's a~~Ks/Malpractice Water Craft Liability Non-Owned Employees As Additional Assureds Employee Benefits Liability Other Host Liquor Liability
C.V.STARR"
00 00
o o o
o o o o o o
o
co.
Und_ritlng M.MgeI'S
ORIGINAL
Case 3:11-cv-01493-ST
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t:1'ILJVK~t:Mt:I'I1 I'IV.
Filed 12/09/11 168
Page 148 of 272

J..
Page ID#:
IT
IS
HEREBY UNDERSTOOD AND AGREED THAT WACKER CHEMIE GmbH ARE ADDED AS ADDITIONAL IN WACKER SILTRONIC CO., CORP.
GmbH
AND WACKER CHEMITRONIC AS THEIR HOLDING INTEREST
ASSUREDS, AND ITS
APPEARS
COMPANY, WACKER CHEMICAL AVAILABLE
BUT NOT FOR BROADER ASSUREDS UNDER
COVERAGE THAN IS ANY UNDERLYING
TO SUCH ADDITIONAL AS SET OUT IN
INSURANCES
THE SCHEDULE.
All olher lerms and condilions remain unchanged Effective dole 01 Ihis endorsement Allached Issued
10: 10
is: No.
JANUARY 1,
1983
NEW HAMPSHIRE STATE
INSURANCE INSURANCE
CO. COMPANY
and forming porI
01
6583-0219
CO., ET AL
~ GRANITE
WACKER CHEMICAL
C. V. STARR & CO.
FEB.
az
l'A
22, 1983
ENDT.
'1
~ti
By
~f
.'''EV.
t'u)
Case 3:11-cv-01493-ST
Document 1-1 _ ..
Filed 12/09/11 __ 169 ...- ..... _. ... __
Page 149 of 272
Page ID#:
IT IS UNDERSTOOD AND AGREED THAT THIS POLICY SHALL NOT APPLY TO LIABILITY OF ESK CORPORATION.
All other terms and conditions remain unchanged
Effective dote of this endorsement is: Alloched to and forming port of No.
JANUARY 1, 1983 6583-0219
o
X]
INSURANCE INSURANCE
CO. COMPANY
Issued to:
WACKER CHEMICAL CO., ET AL
C. V. STARR & CO.
FEB. 22, 19 83
ENDT. #2
By
Case 3:11-cv-01493-ST
Document 1-1
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Page ID#:
FOLLOWING FORM CARE, CUSTODY OR CONTROL
EXCEPT INSOFAR AS COVERAGE IS AVAILABLE TO THE ASSURED IN THE UNDERLYING INSURANCES AS SET OUT IN THE ATTACHED SCHEDULE, THIS APPLY TO LIABILITY POLICY SHALL NOT
OF THE ASSURED FOR LOSS OR DAMAGE TO PROPERTY OF
OTHERS WHILE IN THE CARE, CUSTODY OR CONTROL OF THE ASSURED.
All other terms and condilions remain Effecli":e dote of this endorsement
unchanged
is: JANUARY 1,
1983
Attached to and forming port of No. Issued to:
6583-02J.9
CO., ET AL
WACKER CHEMICAL
Dot",tl.
FEB. 22, 1983
ENDT. 13
1.2""" ("EV. t,u)
Case 3:11-cv-01493-ST
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-_.-
_ __
Filed 12/09/11 171 _ . - _ .
Page 151 of 272

-s
Page ID#:
IT
IS HEREBY UNDERSTOOD AND AGREED THAT. EXCEPT FOR NONPAYMENT OF ANY
PREMIUM, THE COMPANY SHALL PROVIDE IN THE EVENT OF CANCELLATION.
SIXTY
(60)
DAYS NOTICE
All other lerms and conditions remain unchanged Effective date 01 this endorsement is:
JANUARY
1,
1983
NEW HAMPSHIRE STATE
INSURANCE INSURANCE
CO. COMPANY
Alloched to and forming port 01 No. __
6_S_8_3_-_0_2_1_9 _
CO., ET AL
IX! GRANITE
Issued to:
WACKER CHEMICAL
FEB.
22,
1983
ENDT. 14
...
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Page ID#:
"PAY ON BEHALF OF" ENDORSEMENT:
IT IS UNDERSTOOD AND AGREED THAT SECTION 1, COVERAGE, INSURING AGREEMENTS, IS AMENDED TO READ AS FOLLOWS:
OF
1.
COVERAGE.
ACCORDING TO TO THE LIMITA-
THE TERMS AND CONDITIONS TIONS HEREINAFTER
MENTIONED,
TO PAY ON BEHALF OF THE
ASSURED FOR ALL SUMS WHICH THE ASSURED SHALL BE OBLIGATED TO PAY BY REASON OF THE LIABILITy
remain is:
unchanged
Effective dote of this endorsement
JANUARY 1, 1983
o
Xl
INSURANCE INSURANCE
CO. COMPANY
A"oched to and forming port of Noo__ Issued to:
6_S_8_3_-_0_2_1_9_. -ET AL
FEB.
22,
1983
ENDT. t5
By
Case 3:11-cv-01493-ST
Document 1-1
~'''VVf\..JL''''L.I'I1
Filed 12/09/11 Page 153 of 272 , ....,. ...., 173
Page ID#:
..
FOLLOWING FORM ENDORSEMENT
NOTWITHSTANDING IT IS
ANYTHING
CONTAINED
HEREIN
TO THE CONTRARY, UNDER-
HEREBY UNDERSTOOD AND AGREED THAT WHERE SCHEDULED INSURANCE IS WRITTEN UNDER TERMS AND CONDITIONS TO THE ASSURED THIS INSURANCE
LYING
PROVIDING
GREATER PROTE-CTION AND CONDITIONS
OR INDEMN'ITY POLICY,
THAN THE TERMS SHALL PAY ON BEAND LIMITA-
OF THIS
HALF OF THE ASSURED TIONS LYING
UPON THE SAME TERMS, UNDERLYING THIS
CONDITIONS
OF THE APPLICABLE INSURANCE EXISTS,
INSURANCE, SHALL
BUT WHERE NO UNDERPAY ON BEHALF OF
INSURANCE CONDITIONS AND/OR
THE ASSURED
UPON THE TERMS,
AND LIMITATIONS
OF THE
ATTACHED UMBRELLA POLICY MENTS THERETO.
FORM,
AMENDMENTS OR ENDORSE-
Effective dote of this endorsemenl is: Attoched to and forming port of No.
JANUARY I, 6583-0219 CO., ET AL
1983
NEW HAMPSHIRE STATE
INSURANCE INSURANCE
CO. COMPANY
rx GRANITE
Issued to:
WACKER CHEMICAL
Dat.,rl.
FEB.
22,
1983
ENDT.
'6
Case 3:11-cv-01493-ST
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Page 154 of 272

7
Page ID#:
,,
IT
IS
UNDERSTOOD AND AGREED EXCLUSION
II
Gil (AIRCRAFT
All olher terms and condilions remain unchanged Effective dole 01 this endorsemenl Alloched
10
is:
JANUARY 1,
1983
and forming pori of No.
6583-0219
ET AL
XI
Issued
10:
DoI ti.
FEB. 22,
1983
ENDT.
i7
Case 3:11-cv-01493-ST
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Page 155 of 272
Page ID#:
,
IT IS UNDERSTOOD AND AGREED EXCLUSION AS FOLLOWS: "H" IS AMENDED TO READ
THIS H.
POLICY
SHALL NOT APPLY:
TO ANY LIABILITY ARISING OUT OF THE VIOLATION OF ANY STATUTE, LAW, ORDINANCE OR REGULATION PROHIBITING DISCRIMINATION OR HUMILIATION BECAUSE OF RACE, CREED, SEX, AGE, COLOR, OR NATIONAL ORIGIN.
All other terms and condilions remain unchanged Effective dote
0'
this endorsement port
is: N~.
JANUARY 1, 6583-0219
1983
o
IX
Attached to and 'orming Issued to:
0'
ET AL
Dot ci-
FEB.
22,
1983
ENDT.
fa
Case 3:11-cv-01493-ST
Document 1-1
llif .GRANITE-,St ATEc-lN.S URAN CE\eOMP ANYD NEW HAMPSHIRE INSURANCE

.; MANCHESTER, NEW HAMPSHIRE
Filed 12/09/11 176
Page 156 of 272
Page ID#:
C~._
COMPANY .
C. V. STARR & CO.

UNDERWRITING
SEATTLE PORTLAND
MANAGERS
LOS ANGELES CHICAGO
SAN FRANCISCO
UMBRELLA LIABILITY POLICY'

INSURING AGREEMENTS
1. COVERAGE.The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability (a) Imposed upon the Assured by taw, or (b) Assumed under contract or agreement by the Named Assured and/or any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, for damages, direct or consequential, and expenses, all as more fully defined by the term "ultimate net loss" on account of: ~) Personal injuries including death at any time resulting therefrom, (ii) Property Damage, (iii) Advertising liability, caused by or arising out of each occurrence happening anywhere in the world. II. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss, the excess of either: (a) The limits of the underlying insurances as set out in the schedule in respect of each occurrence covered by said underlying insurances, or (b) the amount as set out in the declarations as the self-insured retention in respect of each occurrence not covered by said underlying insurances, (hereinafter called the "Underlying Limits"): and then only up to a further sum as stated in Item 3(a)of the Declarations in all in respect of each occurrence, subject to a limit as stated in Item 3(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Assured. . In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurances by reason of losses paid thereunder, this policy shall (1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance, subject to all the terms and conditions of this . policy. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's limit of liability. III. SUPPLEMENTAL DEFENSE. It is agreed that with respect to any occurrence covered only by the terms and conditions of this policy except for the amount of the self-insured retention as stated in Item 3(c) of the Declarations the Company shall: (a) defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is Qroundless, false, or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) p~y all premiums o!,!bonds to release attachm~nts.for an amount not in exc~ss of the applicable limit of liability of thiS policy, all premiums on appeal bonds reqUired In any such defended SUIt, he cost of bail bonds required of the t Assured in the event of accident or traffic law violation during the policy period, but without any obligation to apply for or furnish any such bond; (c) pay all expenses incurred by the Company, all costs taxed against the Assured in any such suit and all interest accruing after entry of judgment until the Company has paid, or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon;
CVS 1115 REV 6/80
Page 1
Case 3:11-cv-01493-ST
Document 1-1
injury or property,damage; it being understood and agreed that this exclusion shall not apply to the Ilabiiity of the Named Assured for personal injury to their employees, unless such liability is already excluded.under Iixclusion A above; . J. with respel;:Jto any aircraft owned by the Assured except liability of the Named Assured for aircraft nOtoyme~ by them: it'being uhderstood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; K. with respect to any watercraft owned by the Assured, while away from premises owned, rented or controlled by the Assured, except liability of the Named Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; L. to any employee with respect to injury to or the death of another employee of the same Employer injured in the course of such employment. M. to punitive or exemplary damages awarded against any Assured.
Filed 12/09/11 177
Page 157 of 272
Page ID#:
NUCLEAR INCIDENT EXCLUSION CLAUSE LIABILITY -
DIRECT (BROAD)
THIS POLICY DOES NOT APPLY TO ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE: 1. with respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for its termination upon exhaustion of its limit of liability; or 2. resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or resulting from the hazardous properties of nuclear material, if (a) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (ii) has been discharged or dispersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility. As used herein "hazardous properties" includes radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub-paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear materia! if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; 4. with respect to the liability arising outside the United States of America, its Territories or Possessions, Puerto Ri~ or the ~na! ~one, to.a~yliability of wha!Soe:vernature ~irec~lyor indirectly caused by or contributed to by or anslng from Ionising radiations or contamination oy radioactivity from any nuclear fuel or from any nUClear waste from the combustion of nuclear fuel. . 3.
CONDITIONS
Page 5
':'" .. ...,. .-__, ..-.--_-~:.~_-..r'._~ "'_' __
r-~_.
_'
''''' ,-
~,,-_,,,,,,, __.~. __..~
''._..~ -'.--.-..-.--- -- - -_.---.- . __ . Exhibit A Page 157 of 272
Case 3:11-cv-01493-ST
I.UH 'IV U Ie
Document 1-1
\tI IvIV~II'~ ". ,'""
I ,..,
tJ'
1I11,,1tJlt::
U lat.
C:UIY II
Hvl v":;H.,:)
'OJ_I ". '_"
Filed 12/09/11 178

.., _ '_. -
Page 158 of 272

-" _ __ .. _.
Page ID#:
'J ,~
,..._.-
_ .. _. _..- - . - . _.
hereunder,shall first be reimbursed up to the am"ountpaid by them: the Company is then to be reimbursed out of any balance then temaining up to the amount paid hE.reunder;lastly,the inle:"ests(including the Assured) 01whom this.coverage is excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interc;sts(including the assured) concerned, in the ratio of their respective recoveries as finally gettl&!. ' N. CHANGES. Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of this policy or estop the Company from asserting any right,under the terms of this policy; nor shall the terms 01this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company. O. ASSIGNMENT. Assignment of interest under this policy shall not bind the Company unless and until their consent is endorsed hereon. P. CANCELLATION. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour 01cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that, irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail, at the Named Assured's address as shown herein, not less than ten (10) days written notice stating when the cancellation shall be eflective. If this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premi"um for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice. Q. CURRENCY. The premiums and losses under this policy are payable in the currency stated in Item 5 of the Declarations. Payment of Premium shall be made as stated in Item 6 of the Declarations. R. CONFLICTING STATUS. In the event that any provision of this policy in unenforceable by the Assured under the laws 01any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force during the currency of this policy except lor any reduction of the aggregate limit or limits contained therein, solely by payment of claims in respect of accidents and/or occurrences during the period of this policy. Failure of the Assured to comply with the foregoing shall not invalidate this policy; but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
Secretary C. V. STARR & CO.

President
Page 7
. p-~~."'-- .--- -_._ ..-.,--_ .. -....---.---~ .. __ ...-.,. ---_._. .... --' '-"'-,' ..- _... "--, "-"-'--
Case 3:11-cv-01493-ST
Document 1-1
ROLLINS'BURDICK HUNTER 200'MARKET BUILl ,G PORTLAND, ,OREGON' 97201
Filed 12/09/11 Page 159 of 272 Page ID#: 179 POOL KIND CODE NO. LOC.
. COM.
15%
~GRANITE STATE NEW HAMPSHIRE
INSURANCE INSURANCE
COMPANY COMPANY
c. V. STARR
UNDERWRITING
& CO.
PORTLAND CHICAGO
MANAGERS
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS Renews 6_5_8~3_-_0_2_1_9 / _ Policy Number 6_5_8_4 CO.) AND
1_2_29
ITEM1(a) Named Assured:
(b) Address of Named Assured:
WACKER CHEl-UCAL CO. (A HOLDING WACKER SILTRONIC CORP. P. O. BOX 03180 PORTLAND, OREGON 97203
This Declaration page, with policy provisions and endorsements, the above numbered Umbrella Liability Policy. TEM 2
if any, issued to form a part thereof, completes 1985/'
Policy Period: From JANUARY 1, 198( To JANUARY 1, (12:01) A.M. Standard Time at the Address of the Named Assured Stated Above. Limit of Liability - as Insuring Agreement II. (a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self Insured Retention $ 5,000,000.
ITEM 3
$ $
5,000,000. 10,000.
/
/
Notice of Occurrence (Condition G) to: C.V. Starr & Co., Currency (Condition Q): U.S. Dollars Payment of Premium (Condition Q) to: C.V. Starr & Co., Premium Computation: Rating Basis FLAT FLAT XG~Premi/ $2,750.00
THREE EHBARCADERO CE"NTER SAN FrJU~CISCO, CA. 94111 THREE EMBARCADERO CENTER SAN FRANCISCO, CA. 94111 Rate
Estimated Exposure
Estimated Premium $
Minimum Premium $2,750.00 ,/
Audit Period NONE
MARCH 20,
1984
C.V. STARR Underwriti"ll &
ERB/MLV
CVS 1116
co.
By
Ma...gen

_
Case 3:11-cv-01493-ST
Document 1-1
~
sO; -:DULE OF UNDERLYING

Attached to and Forming Part of Policy No.'6584-1229 Issued To WACKER CHEMICAL CO. Type of Policy Or Coverage (A HOLDING CO.)
Filed 12/09/11 180
Page 160 of 272

~~
.~
Page ID#:
INSURANC
Date
JANUARY 1,
1984
AND WACKER SILTRONIC CORP. Limits of Liability Bodily Injury Liability
Comprehensive General Liability WAUSAU INS. CO. #2325 000 39640
$ $ $
Property Damage Liabil ity $ $ each occurrence aggregate
Combined Single Limit $ 1,000,000. ./
Bodily Injury Automobile Liability (OTHER) WAUSAU INS. CO. t2325 XAS ONLY 002 39640 CO. #2335 000 39640 Property Damage $ each occurrence $ $ WAUSAU INS. each person each occurrence
Combined Single Limit $ 1,000 Employers Liability WAUSAU INS. -'CO. $ ./ (ST. PAUL INS. CO. i587JF5126) BI/PD No 100,000. ~ach accident 000. /
Coverage and Employers Liability
Miscellaneous Liability NURSE'S I~LPRACTICE
./
$ 500,000.~ER PERSON/ $ 1,500,000. AGGREGATE ~ $ 1,000,000. COMBINED SINGLE LImIT
Yes
COl1P. GENERAL LIABILITY (FOREIGN) PACIFIC INDEMNITY iGLP8573082855

Yes Primary Coverage Provides: Products/Completed Operations Broad Form Property Damage o L10yds Bureau Personal Injury Fire Legal liability ../ ~ x (Wash. ) Sto Ga Liabi1it
No
ex ex
o o
Ef o
Blanket Contractual Liability "X.C.U." Hazard.s. ,Nurse '.s ~~~~vlalpractlce Water Craft Liability Employees As Additional Assureds Employee Benefits Liability Other Host Li uor Liabi1i
C.V.STARR
o o o o o o o
_
S.CO. Underwriting Manllllers

r"'"
By
__
.,
__
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 181

NO.1
Page 161 of 272
Page ID#:
ENDORSEMENT
IT
IS
HERlIDY
UtU>ERSTOOD AND AGREED THAT WACXER CHENIE

GmbH ARE ADDl::D AS
GmbH
I
AND WACKER CHEMI'l'RONIC
ADDITIONAL CORP.
ASSUREDS
AS THEIR
INTEREST
APPEARS
IN WACKER SILTROHIC
AND 1'1'5
HOLDING COl1PAliY,
COVERAGE THAN
WACKER CliEMICAL CO., AVAILABLE
BUT NOT FOR BROADER

ASSUREDS UNDER
IS
'1'0 SUCH ADDITIOHAL AS Sf.'T OUT IN THE
ANY tJ"NDERLymG INSURA-"lCES
SClillDULE.
All other Effective Alloched
terms dole
ond
condilions
remain is:
unchanged
of this endorsemenl forming
JANUARY
1, 1984
NEW HAMPSHIRE INSURANCE CO. GRANITE STATE INSURANCE COMPANY C.
to and
pori of No.
6584-] 229
ET AL
By
IX
sued
to
WACKERCHE..'1ICALCO.,
v.
STARR & CO.

Managers
Underwriting
Dolf-".
MARCH 20, 1984
END'i'.
11
_
Order by 37589 (11831
BROKERS COPY
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 182

NO. 2
Page 162 of 272

'-
Page ID#:
ENDORSEMENT
IT
IS
UNDERSTOOD AND AGREED
THAT THIS
POLICY
SHA.LL UOT APPLY
ero
LIABILITY. OF ESK CORPORA'l'IOH.
All other
terms
and conditions
remain
unchanged
Effective
dole
01 this endorsement
IS:
JANUARY 1,
19D4
Attached
10 and forming
port of No.
6584-1229
'1' AL
JOlCGRANITE STATE INSURANCE COMPANY C. V. STARR & CO. Underwriting Managers By _
I'sued
to:
n:.~CKER CUEi'UCAL CO.,
Doh-ri.
MARCH20,
1904
~DT.
12
Order bV 37589 (1183)
BROKERS
COPY.
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 183

NO.
Page 163 of 272

3
Page ID#:
ENDORSEMENT
FOUOWING FORM CARX, CUSTODY OR CONTROL
EXCEPT DiSOFAR AS COVERAGE IS AVAILABLE ro
TIIE ASStJRED IN THE mmERLYIHG
INSURANCES AS SET OUT IN THE ATTACHED SCHEDULE,

APPLY TO LIAl3ILITY
nIrs
POLICY SliALL NOT
OF THE ASSURED FOI. LOSS OR DA.'"fACE TO PROPERTY OF
0TIlEBS lo.THILE IN 'IRE CA.R.E,CUSTODYOR. connOL
OF mE ASStnED.
All other Ellective Attached
terms dole
ond of ,his
conditions endorsement port
remoin is:
unchanged
JAl;UARY
1, 1984
NEW HAMPSHIRE INSURANCE CO. STATE INSURANCE COMPANY
10 and
forming
01 No.
6S8t-1229
ET AL
jgcGRANITE
',sued
10:
\'lACKER CHEMICAL CO.,
C. V. STARR & CO.

001 <1.
HARCIi 20, 19B4
NOT. '3
By
_
Order by 37589 (1183)
BROKERS COpy
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 184

NO .
Page 164 of 272
Page ID#:
ENDORSEMENT
CA.1SCELLATION ALL OTHERS
IT
IS
HE.lEBY u1:lDERSTOOO AlID AGliJ:ED THAT.
EXCEPT FOR NOt~A~ (6Q)
OF ANY
P~'m1M.
nm
OOHPA.'lY SllALL PiOVlDE

OF CAHCELUIImI.
SIXTY
DA1S NOTICE
Di THE DENT
All other
terms
and conditions
remain
unchanged
Ellective Attoched \ued
date
of this endorsement forming
is:
JANUARY
1, 1984
NEW HAMPSHIRE INSURANCE CO. GRANITE STATE INSURANCE COMPANY C. V. STARR & CO. Underwriting Managers _
10 and
porI of No.
'S84
1229
Xl
10:tlA.CKER
CEEMICAL CO.,
ET AL
Dat rl.
MAl\CH 20, 1984
By
BROKERS COPY
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 185

NO. 5
Page 165 of 272

\i
Page ID#:
ENDORSEMENT
.F
"PAY
ON BEHALF
OF'-
12IDORSEHENT:
IT IS UNDERSTOOD AND AGREED "rllAT SECTION 1, CoVERAGE OF INSURING AGREEMENTS, IS AMENDED '1'0 READ AS FOLLOWS:
1.
COWRAGE.
lJ'lIE
TliE COHPANY HEREBY AGREES,

BUT
ACCORDING '1'0
TERMS AND aJNDIT10NS
SUBJECT TO 'i'HE LD1ITAOF '1"lIE
T10115 HEREniAF'l'ER
MENTIONED, '!'O PAY ON BEllA.LP
ASSURED FOR ALL SUHS WHICH TEE ASSURED SHALL BE
OBLIGATED 'l'0 PAY BY REASON' OF "l'1IE L:IA1l1LITY
All other
lerms
ond conditions
-remain
unchanged
Effective
date
of this endorsement
is:
J... n"V ~ nA.I.
ru ...
119ft
o.
Allached
to and
forming
port of No_
GS84 1229
ET AL
Ii GRANITE STATE INSURANCE COMPANY C. V. STARR & CO. Underwriting Managers By _
wed to
WACKER CIIEMtCAL CO.,
b-IARCH 20,
l,9S4
. ENDT.
'5
Order bV 3758911/831
BROKERS COpy
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 186

NO.
Page 166 of 272

7
Page ID#:
ENDORSEMENT
IT IS UNDERSTOOD AND AGREED EXCLUSION - GPRDDUC'lS) IS DELR'l'ED IN ITS ENTI~Y.
(AIRCRA!"T
All other
lerms
and
conditions
remain
unchanged
Effective Attached
dole
ollhis
endorsement port
is:
JANUARY1, 1984
10 and
forming
of No.
6584-1229
CO., ET AL
Issued
to:,
WACKER CHEMICAL
c.
V. STARR & CO. Underwriting Managers _

Order by 37589 11/831
ENOT.
Dot rl.
17
By
MARCH20,
1994
BROKERS COpy
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 187

NO. 6
Page 167 of 272
Page ID#:
ENDORSEMENT
FOLLOWING
FORM E..'iDORSE."IENT
NOTWITHSTANDING IT IS
ANYTHING COUTAIlffiO
lIEREDl
ro
THE COIlTRARY,
HEREBY UNDERSTOOD AND AGREED TIlAT "'''liERE SCllEDtILED IS \o.-"RITTENUNDER TERMS AND CONDITIONS OR INDEMlUTY TO THE ASSmu;D OF THIS POLICY, THIS
SA!.ffi
Ui.'JDERLYING INSURANCE PROVIDING GItEl'TER
PROTLC'l'ION
~rlAN 'l'Illi TER.."!S AllD CONDITIONS
INSURANCE TERHS,
SHALL PAY ON BElIALF OF "l'liE ASSURED UPOr. Tlill CONDITIONS IUSURANCE, AND LIHITATIOUS bUT w"liERE OF THE APPLICABLE
UNDERLYING TIIIS
HO UHDERLYING INSURA.. CE EXISTS,
n1SGRAl-lCE Slli\LL PAY Ol~ BEllALF OF 'I'm.: ASSURED CONDITIONS

FORN,
UPON THE TER.?.iS,
AND LIMITATIONS
AlmNDMENTS
OF TlIE ATTACHED UMDRELLA POl.ICY.-
AND/OR
OR ENDORSEMi::UTS THEnETO.
All other Effective
lerms dole
and
condilions
remain is:
unchanged
of Ihis endorsemenl
JAltuARY 1,
6584-1229
1984 \ 0
Attached
to ond
forming
port
of No.
CXGRANITE STATE INSURANCE COMPANY C. V. STARR & CO. Underwriting Managers By

Order by
Issued
to:
WACKER CHIDUCAL CO.,
ET AL
KARCH 20,
1-984
END'!'.
'6
_
37589 (1183)
BROKERS COpy
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 188

NO. 8
Page 168 of 272
Page ID#:
ENDORSEMENT
IT IS UNDERSTOODAND AGRl."'ED EXCLUSION -HAS FOLLOWS:
IS AMENDED ~O BEAD
filS
H.
POLICY SHALL UO'l' APPLY:

"l'O ANY LIABILITY AlUSXNG OtJ'1' OF 'THE VIOLATION OF ANY S'1'ATU'I'E. LAW' ORDINANCE OR REGULATION ,
PROliIBI~ING DISCRIMI1~TION
BECAUSE OF RACE, NATIONAL ORlCllN. CREED.
OR HUMILIATION
AGE. COLOR, OR
SEX,
All other
lerms
and
condilions
remain
unchanged
Effective Attoched "sued
date
of this
endorsemenl porI
is:
JANUARY1,
198.
o
IX
NEW HAMPSHIRE INSURANCE CO. GRANITE STATE INSURANCE COMPANY C. V. STARR & CO.
to ond
forming
of No.
6584-1229
CO.,
ET AL
10:
WACKER CHEMICAL
By
MARCH20.
19a4
ENDT. f8
Order by 37589 111831
BROKERS
COPY
Case 3:11-cv-01493-ST
~benOf
Document 1-1
tiJ. G'RANITESTATE INSURANCE COMPANY

Filed 12/09/11 189
Page 169 of 272
'J
Page ID#:
o NEW HAM'PSHIRE INSURANCE COMPANY

C. V. STARR
SEATTLE PORTLAND SAN FRANCISCO
&
CO.
CHICAGO
LOS ANGELES

INSURING AGREEMENTS
1, COVERAGE.The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability (a) Imposed upon the Assured by law, or (b) Assumed under contract or agreement by the Named Assured and/or any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, for damages, direct or consequential, and expenses, all as more fully defined by the term "ultimate net loss" on account of: (i) Personal injuries including death at any time resulting therefrom, (ii) Property Damage, (iii) Advertising liability, caused by or arising out of each occurrence happening anywhere in the world. II. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss, the excess of either: (a) The limits of the underlying insurances as set out in the schedule in respect of each occurrence covered by said underlying insurances, or (b) the amount as set out in the declarations as the self-insured retention in respect of each occurrence not covered by said underlying insurances, (hereinafter called the "Underlying Limits"): and then only up to a further sum as stated in Item 3(a)of the Declarations in all in respect of each occurrence, subject to a limit as stated in Item 3(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Assured. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurances by reason of losses paid thereunder, this policy shall (1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance, subject to all the terms and conditions of this policy. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's limit of liability. III. SUPPLEMENTAL DEFENSE. It is agreed that with respect to any occurrence covered only by the terms and conditions of this policy except for the amount of the self-insured retention as stated in Item 3(c) of the Declarations the Company shall: (a) defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is Qroundless, false, or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Assured in the event of accident or traffic law violation during the policy period, but without any obligation to apply for or furnish any such bond; (c) pay all expenses incurred by the Company, all costs taxed against the Assured in any such suit and all interest accruing after entry of judgment until the Company has paid, or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon;
CVS 1115 REV 6/60
Page 1
Case 3:11-cv-01493-ST
and the amounts so incurred, ex salaries of any permanent employees of '~Assured 0,' the Ccrnpany, shall be 190 included in the Ultimate Net loss in computing the limit of the Company's liability 'Jut sh2.11 not be payable in additlonJo". the limit of the Company's liability, and shall not be inclL:ded in '.heself-insured retention.
.
1"'),
Document 1-1
Filed 12/09/11
Page 170 of 272
Page ID#:
,. ' ..
IV. Insuring Agreements I, II, and III shall cease to apply after the applicable exhausted by payment of judgments or settlements.
limits of the Company's
..
liability has been
DEFINITIONS:
1. ASSURED. The unqualified word "Assured", wherever used in this policy, includes not only the Named Assured but also (a) any officer, director, stockholder, partner or employee of the Named Assured, while acllng in his capacity as such, and any organization or proprietor with respect to real estate management for the Named Assured;
(b) any person, organization, trustee or estate to whom the Named Assu~ed is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by thiS POliCY, but only In respect of operations by or on behalf of the Named Assured or of facilities of the Named Assured or used by them; . (c) any additional assured (not being the Named Assured under this policy) included in the Underlying Insurances, subject to the provisions in Condition B; but not for broader coverage than is available to such additional Assured under any underlying insurances as set out in attached Schedule; (d) with respect to any automobile owned by the Named Assured or hired for use in behalf of the Named Assured, or to any aircraft owned by or hired for use in behalf of the Named Assured, any person while using such automobile or aircraft and any person or organization legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission ofthe Named Assured.The insurance extended by this sub-division (d), with respect to any person or organization other than the Named Assured, shall not apply(i) to any person or organization, orto any agent or employee thereof, operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; (ii) to any manufacturer of aircraft, aircraft engines or aviation accessories, or any aviation sales or service or repair organization or airport hangar operator or their respective employees or agents with respect to any occurrence arising out of the operation thereof; (iii) with respect to any hired automobile or aircraft, to the owner thereof or any employee of such owner. This subdivision (d) shall not apply if it restricts the insurance granted under sub-division (c) above.
2. PERSONAL INJURIES. The term "Personal Injuries" wherever used herein means bodily injury, mental injury, mental anguish, shock, sickness, disease, disability, false arrest, false imprisonment, wrongful eviction, detention, malicious prosecution, humiliation, also libel, slander or defamation of character or invasion of rights of privacy, except that which arises out of any Advertising activities.
3. PROPERlY DAMAGE. The term "Property Damage" wherever used shall mean (1) physical injury to or destruction of tangible property, which occurs during the policy period, including loss of use thereof at any time resulting therefrom; or (2) loss of use of tangible property, which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 4. ADVERTISING (a) Libel, slander (b) Any infringement (d) Any invasion L1ABILIlY. or defamation; of copyright or of title or of slogan; or idea misappropriation under an implied contract; article, broadcast or telecast and The term "Advertising Uability" wherever used herein shall mean:
(c) Piracy or unfair competition
of right of privacy; in any advertisement, activities. publicity
committed or alleged to have been committed arising out of the Named Assured's Advertising
5. OCCURRENCE. The term "Occurrence" wherever used herein shall mean an accident, or a happening, or event, or a continuous or repeated exposure to conditions which unexpectedly and unintentionally results in personal injury, property damage or advertising liability during the policy period. All such exposure to substantially the same general conditions existing at or emanating from one premises location shall be deemed one occurrence. 6. ULTIMATE NET lOSS. The term "Ultimate Net loss" shall mean the total sum which the Assured, or any company as his insurer, or both, become obligated to pay by reason of personal injury, property damage or advertising liability claims, either through adjudication or compromise, and shall also include hospital, medical and funeral charges, and all sums paid as salaries, wages, compensations, fees, charges and law costs, premiums on attachment or appeal bonds; interest, expenses for doctors, lawyers, nurses, investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of the Assured's or of any underlying insurer's permanent exployees. The Company shall not be liable collectible insurance. 7. AUTOMOBilE. trailer. for expenses as aforesaid when such expenses are included in other valid and
The term "Automobile",
wherever
used herein, shall mean a land motor vehicle, trailer or semi-
8. AIRCRAFT. The term "Aircraft", wherever used herein, shall mean any heavier than air or lighter than air aircraft designed to transport persons or property. 9. PRODUCTS L1ABILllY. The term "Products Liability" means: (a) Liability arising out of goods or products manufactured, sold, handled, or distributed by the Named Assured or by others trading under his name if the occurrence occurs after possession of such goods or products has been relinP::IInD?
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quishec1 to others by the Nat11 Assured or by others192 trading in his name,:1AI if such occurrence occurs fj.way froTTl'premis.esowned, renteo or controlled by the Named Assured; provi21\!..such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or a;ly property, other than such container, rented to or located for use of others blJt not SOld; (b) Liability arising out of operations, if the occurrence occurs after such operations have been completed or abandoned, and occurs away from premises owned, rented or controlled by the Named Assured; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph: (i) pick-up or delivery, except from or onto a railroad car, (ii) the maintenance of vehicles owned or used by or on behalf of the Assured, (iii) the existence of tools, uninstalled equipment and abandoned or unused materials. 10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive period of one year commencing from the inception date of this Policy. 11. AIRCRAFT PRODUCTS. "Aircraft Products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Assured or by others trading under the Assured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and services and labor relating to aircraft products. 12. GROUNDING. "Grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more Aircraft from flight operations because of a like condition or suspicion thereof in two or more such Aircraft whether such aircraft so withdrawn are owned or operated by the same or different persons, firms or corporations. A grounding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs.
EXCLUSIONS:
This policy shall not apply: A. to any obligation for which the Assured or any company as its insurer may be held liable under any Workers' Compensation, unemployment compensation or disability benefits law provided, however, that this exclusio'l does not apply to liability of others assumed by the Named Assured under contract or agreement; B. to claims made against the Assured: for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof, nor for the cost of such repair or replacement; 2. for the loss of use of any such defective product or products or part or parts thereof; 3. for improper or inadequate performance, design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification; C. with respect to advertising activities, to claims made against the Assured for: 1. failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; 2. infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles of slogans; 3. incorrect description of any article or commodity; 4. mistake in advertised price; D. except in respect to occurrences taking place in the United States of America, its territories or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of, damage to property by or under the order of any government or public or local authority; E. to any claim based upon the Assured's failure to comply with the federal "Employee Retirement Income Security Act of 1974", or any amendment thereto; F. to any claim for personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot,fumes, acids, alkaiis, toxic chemicals, liquids or gases, waste materials, other irritants, contaminants or pollutants into or upon lands, the atmosphere or any watercourse or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; G. to any claim for personal injury or property damages arising out of Aircraft Products and/or all sums which any assured shall become legally obligated to pay as damages resulting in or from grounding of any aircraft; H. to any liability arising out of the violation of any statute, law, ordinance or regulation prohibiting discriminallon or humiliation because of race, creed, sex, age, color, national origin or sexual preference: Except to the extent that coverage is available to the Assured in the underlying insurances as set out in the attached
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193 I. to liab!/ity of any Assured her\~Ojer for assault and battery committed by or ar,:j direction of such Ass~red except liability for Personal Injury or tJeath resulting from any act alleged to be assault and battery-::omn:1tted for the : purpose of preventing or eliminating danger in the operation of aircraft, or for the purpose o!.preverYlng'personal injury or property damage; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for persorral irijuryto their employees, unless such liability is already excluded under Exclusion A above; J. with respect to any aircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them: it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; K. with respect to any watercraft owned by the Assured, while away from premises owned, rented or controlled by the Assured, except liability of the Named Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above;
L. to any employee with respect to injury to or the death of another employee of the same Employer injured in the course of such employment. M. to punitive or exemplary damages awarded against any Assured.
NUCLEAR INCIDENT
EXCLUSION
CLAUSE LIABILITY -
DIRECT (BROAD)
THIS POLICY DOES NOT APPLY TO ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE: 1. with respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would. be an Assured under any such policy but for its termination upon exhaustion of its limit of liability; or 2. resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or 3. resulting from the hazardous properties of nuclear material, if (a) the nuclear material (i)is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (ii) has been discharged or dispersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility. As used herein "hazardous properties" includes radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub-paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclearfission in a self-supporting chain reaction orto contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; 4. with respect to the liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the Canal Zone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactiVity tram any nuclear tuel or trom any nUClear waste from the combustion of nuclear fuel.
CONDITIONS
A. PREMIUM. Unless otherwise provided for, the premium for this Policy is a flat premium and is not subject to adjustment except as provided in Conditions Band P. Page 5
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B. ADDITIOr-JAL'ASSUREDS.~ the event of ad~itional assu~eds being ad2'\A to the coverag~ under the ynde~. 194 lying Insurances during currency rIl:Ireof,prompt notlce.shall be given to the Co"i?ouny hereon and, If an addlhonalpr~ mium has been charged for such addition on the Undeclying Insurances, the Company shall be entitled to .charge an appropriate additional premium hereon. " C. PRIOR INSURANCE NON CUMULATION OF LIABILITY. It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy issued to the Assured prior to the inception date hereof, the limit of liability hereon as stated in Item 3 of the Declarations shall be reduced by any amounts due to the Assured on account of such loss under such prior insurance. Subject to the foregoing paragraph and to all the other terms and conditionsof this policy,.in the even.tthat perso~al injury or property damage arising out of an occurrence covered hereunder IS continuing at the time of termination of thiS policy, the Company will continue to protect the Assured for liability in respect of such occurrence without payment of additional premium. D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE. As rega'rds personal injury (fatal or nonfatal) by occupational disease sustained by any employee of the Assured, this policy is subject to the same warranties, terms and conditions (except as regards the premium, the amount and limits of liability and the renewal agreement, if any) as are contained in or as may be added to the underlying insurances prior to the occurrence for which claim is made hereunder. E. INSPECTION AND AUDIT. The Company shall be permitted, but not obligated, to inspect the Assured's property and operations at any time. Neither the Company's right to make inspections, nor the making thereof, nor any report thereon shall constitute an undertaking on behalf of, or for the benefit of, the Assured or others, to determine or warrant that such property or operations are safe and healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Assured's books and records at any time during the policy period and extensions thereof, and within three years after the final termination of this policy or within one year after final settlement of all claims arising out of personal injury or property damage which occur during the period of this policy as far as they relate to the subject matter of this insurance. F. CROSS LIABILITY. In the event of claims being made by reason of personal injuries, suffered by any employee or employees of one Assured hereunder, for which another Assured hereunder is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder, for which another Assured is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement II. G. NOTICE OF OCCURRENCE. Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages, which, in the event that the Assured should be held liable, is likely to involve this Policy, notice shall be sent as stated in Item 4 of the declarations as soon as practic:-,ble, provided, however, that failure to give notice of any occurrence which, at the time of its happening, did not appear to involve this policy but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. H. ASSISTANCE AND CO-OPERATION. The Company shall not be called upon to assume charge of the settlement or defense of any claim made, or suit brought, or proceeding instituted against the Assured, but the Company shall have the right and shall be given the opportunity to associate with the Assured or the Assured's underlying insurers, or both, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company; in which event the Assured and the Company shall cooperate in all things in the defense of such claim, suit or proceeding. I. APPEALS. In the event, the Assured or the Assured's underlying insurers elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at their own cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto; but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in Insuring Agreement II for anyone occurrence, and in addition the cost and expense of such appeal. J. LOSS PAYABLE. Liability under this policy with respect to any occurrence shall not attach unless and until the Assured, or the Assured's underlying insurer, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Company may be liable under the policy within twelve (12) months after the Assured shall have paid an amount of ultimate net loss in excess of the amount borne by the Assured or after the Assured's liability shall have been fixed and rendered certain, either by final judgment against the Assured after actual trial or by written agreement of the Assured, the claimant, and the Company. If any subsequent payments shall be made by the Assured on account of the same occurrence, additional claims shall be made similarly from time to time. Such losses shall be due and payable within thirty (30) days after they are respectively claimed and proven in conformity with this policy. K. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. L. OTH ER INSURANCE. If other valid and collectible insurance with any other insurer is available to the Assured covering a loss also covered by this policy, other than insurance that is in excess of the insurance afforded by this policy, the insurance afforded by this policy shall be excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this policy subject to the terms, conditions and limitations of other insurance. M. SUBROGATION. Inasmuch as this policy is "Excess Coverage", and the Assured's right of recovery against any person or other entity cannot be exclusively subrogated to the Company, it is, therefore, understood and agreed that in case of any payment hereunder, the Company will act in concert witD all other interests (including the Assured) conI
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cerned, in the.exercise of such rigt t,f recovery. The apportioning of any amour,~'hich may be so recovered shall follow the,pnr:lcip)e that any interests (Including the Assured) that shail have paid a., amOL:ntover and above any paym'ent hereur,der, shall first be reimbursed up to the amount paid by them: the Company is then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Aswred) oiwhom this cov~rage is excess , entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned ,ween the interests (including the assured) concerned, in the ratio of their respective recoveries as finally settled. N. CHANGES. Notice to or knowledge possessed by any person shall not effect a waiver or change in any parl of this policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company. O. ASSIGNMENT. Assignment consent is endorsed hereon. of interest under this policy shall not bind the Company unless and until their
P. CANCELLATION. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall endon the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that, irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail. at the Named Assured's address as shown herein, not less than ten (10) days written notice stating when the cancellation shall be effective. If this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice. O. CURRENCY. The premiums and losses under this policy are payable in the currency stated in Item 5 of the Declarations. Payment of Premium shall be made as stated in Item 6 of the Declarations. R. CONFLICTING STATUS. In the event that any provision of this policy in unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies ~rred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force during the currency of IIIIS policy except for any reduction of the aggregate limit or limits contained therein, solely by payment of claims in respect of accidents and/or occurrences during the period of this policy. Failure of the Assured to comply with the foregoing shall not invalidate thiS policy; but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
Secretary
C. V. STARR & CO.
Presidell!
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~\\CN
Fireman's Fund"'
August 31, 2006 Jordan Schrader Attorneys at Law P.O. Box 230669 Portland, Oregon 97281
~ i
FOR YOUR I~!FORMAT\ON JORDAN SCHRADER
RE: FFIC Claim No.: 10503 141163 Insured: Wacker Siltronix Corp. Site: 7200 NW Front St, Portland Oregon Your File No. 46454-33224 Dear Mr. Reive: As requested in yours of August 14, 2006, enclosed are copies ofthe policies issued to Wacker Siltronix Corp. by Fireman's Fund Insurance Company: XLX XLX XLX XLX XLX 1217784 1370824 1370811 1370769 1482136 (1-1-80/81) (1-1-82/83) (1-1-83/84) (1-1-84/85) (1-1-85/86)
Neither this letter nor any investigation of this matter undertaken by Fireman's Fund is intended to waive any rights or obligations of either fireman's Fund or its insured under any Fireman's Fund insurance policy in connection with the above matter. All such rights are expressly reserved. If you have any questions please feel free to contact the undersigned.
Regards,
(i~L~
coleen Yudin-Cowan Litigation Specialist Direct Dial 415-899-3819 Fax 415-899-3663
Fireman's Fund Insurance Companies
Fireman's Fund Insurance Company D. O. Claims C-87 777 San Marin Dr

Novato, CA 94998-3400
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NAME AND LOCATION
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PREVIOUS POLICY NUMBER
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POLIC.Y NUMBER
XLX-173 27 70
BLANKET EXCESS LIABILITY POLICY (FOLLOWING FORM)
Coverage is provided in the Company designated by number, a stock insurance Company (herein called the Company)
01 FIREMAN'S
............,;e
INSIJW::E
FUND
<X1IIPNIV
SN< FRN<ClSCO.CAUf()INIo.
18 THE AMERICAN
CX1M1PAN'f PARSIPPANY. NEW -JERSEY
FIREMAN'S
DEC l AR AT ION 5
ITEM 1-INSURED'S NAME AND ADDRESS (NO., STREET. TOWN. COUNTY. ST . TE)
FUND
I
07 NATIONAL SURETY
roAPOPA11ON GHC'GO.
IUJNQOS
INSURANCE COMPANIES
MAil ADDRESS SAN FRANCISCO CAliFORNIA
13 ASSOCIATED INDEMNITY
CXlRl'ORot.11ON SN< RW<CISCO. CAUF<)fNA.
15 AMERICAN
AUTOMOBilE
CREVE COEUR. MISSOURI
INSUIWICli: <X1IIPNIV
L
POLICY ITEM 2.
INCEPTION
12,01 A.M . STANDARD
PERIOD: _
(MO.
TIME
DAY YR.)
THE T ADDRESS OF THE NAMED
EXPIRATION
INSURED
(MO.
DAY
YR.)
AS STATED
HEREIN.
ITEM 3. LIMIT OF LIABILITY:
s s
ITEM 4. UNDERLYING INSURANCE LIMIT
EtAcH
OCCURRENCE
.AGGREGATE
OF LIABILITY
s s
ITEM 5. PREMIUM BASIS ITEM 6.
'tACH Oc<::URRENCE
AGGREGATE
ADVANCE:',PREMIUM:
$ $
s
, THE:E:VENT OF CANCEI.LATION BY THE: NAMED AS THE POLICY MINIMUM PREMIUM. ITEM 7, SCHEDULE: OF UNDE:RLYING INSURANCE:: INSU~ED. THE COMPANY
ANNUAL
MINIMUMPRE~IUM:
SHALL 'RECEIVE: AND RETAIN
NOT LESS TH~N
FOllOWING
FORM. BLANKETExGESSlJABn.ITYPOLiCY
The Company desi!:inatedcl,ove, a stock in5ur~ce ~ompaQy.(herein called' the" c,;mpany) (Igr~swith the insured, named in the declarations made a.pm1'hereof, in consideration of the payment of premium andLin'reliance upon the stateme'nts in the declarations .and subject to the lim.its of liability, exclusions, conditions and other terms .ofthis policy:
INSURING AGREEMENTS
1. Coverage. To indemnify the Insured for the Insured's' ultimate net loss in excess of the insurance afforded under the. Blariket Excess Liability or "Umbrella'" policies specified in Item 7 of the Declarations, hereafter called underlying insurance, in full force and effect at the inception oCthispolicy, provided that the insurance for injury to or destruction of 'properly under this policy and underlying policies shall not apply except as respects injury to or destruction of corporeal property, including loss of use thereof.
policy shall in the event of rediietion, apply as excess of the Teduced lmtit of liability th.ereunder. Subject to the applicable littl.\t.6f liability as respects. each occurrence, the limit of. liability stated in 'the declarations as "aggregate" 'shall be the total limit of the Company's liability for all damages sustCriiled during each arinual period of this policy., 3. Policy' period. This p<:llicycrppliesort1y to occurrenCeS Whieh take place dui~g the policy period.. ,. " . ,
2. .Limit. of Liabilfry. The Company shall be liable only for the limit of liability stated in Item 3' of the Declarations in excess of the "Ultimate net loss" means all sums actually paid, or which the limit or limits of liability of the applicable underlying insurance Insured is, legally obligated to pay, as damages in ,settlement or policy or policies all as stated in the declarations of this policy. satisfaction of claims or suits. for which insurance ill 'alferded by The limit of the liability stated in the declarations as aPplicable this policy, after proper deduction of all recoveries or salvage .. to "each occurrence" shall be the tcital limit of the ComPany's liability for all damages 'sustained as the result 'of anyone occurCONDmONS rence, provided, however, in the event of reduction or exhaustion of the applicable aggregate limit or limits of liability under said 1. MaiJi.tenance of Primary Insurance. The Insured warrants, and lerlying policy or policies solely by reason of losses paid thereit is a condition of this policy, that at the inception of this policy, ~r on account of occurrences during this' policy period, this insurance afforded by the underlying policies of insurance (apply(Continued on Page Two) " '. .
COUNT.ERSIGNATURE DATE COUNTERSIGNATURE: OF AUTHORIZED AGENT
DEFINmONS'
PAGE ONE
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(Continued from Preceding Page) ;'1.g as excess ever various policies 0.1 primary insurance) with Insured wilh the censent ef the Cempany in the adjustment er ry.bined limits 0.1liability fer said underlyipg'insurCll).ce stated ill._ delense 0.1claims,suitser proceedings .shall be berne by the Com1 4 ef the declaratiens, or renewals er replacements thereof net pciny and. the InsUred in the prepertion that each party's share 0.1 Jrding coverages ether than those at inceptien 01 this policy;" less hems to. the tetal =ount 0.1 said less. Less expense hereunder shall be maintained in lull effect dtirmgtheperiod' of this policy, shall'not inClude salaries and exPense 0.1 the Insured's employees except fer reductien ef aggregate limits solely as a result ol'pay" incUrred in'investigatien, adjustment' and litigatien. . ment hfdaimS arising out of occurrences during this policy Period. 5. A~C;;~aL'i~the ~h~ I~~ur~d oi""crriy' 'underlying insurer If iiUC underlying insurance is net'Illaintained in: lUll effect by the ~1eqs.. not. t9.' appeal a judgment in excess 0.1 the ameunt 0.1 the Insured er' il there is any change iIi th'e scope 0.1'ceverage under underlying insurance, the Company may elect to. appeal at its any underlying insurance, the insurance afforded bi thiS"policy expense andsball be. liable_lor thec,expenses incidental thereto., shall apply in the same manner as though such underlying pOlicies but in no. event .shall th.e liability 01 the Compqny for ultimate net had been so maintained and un~hanged, -', . " ," .: less.exceed.the.'amount~t forth in the polie,y,'oplus the, expenses The insurance afforded by this policy is subject 10 the same warincidental to ,s\lCh, appeal. .'_; ranties. terms (including the terms used to. describe the 'application 01 the limits ellicibilityJ. conditiens and exClusions as are contained &"Subrog'atWlL In the event ef any payment of this policy, the in the underlying ,insurance en the effective date 01 this policy, C6irijXiny sh6:11"besubregated to. all the Insured's rights ef recovery except, unless otherwise speCifically previded -in this policy, any there lor against any person,er organizatien and the Insured shall such' warranties, terms, conditiens or. exduSiens relating to. execute "ani! ,qeliveI;. instrume~ts'ClIld,~rs anddo..}Y'hateye~ else premium, the ebligatien to investigate and defend, ,the ameunt is necessmy' 'te secure such rights, The 1risUi'ea'sh6:Il do nething and ,limits 01 liability, and any renewal,.agreement.. after loss.to prejudice such rights.
~~~hi
2.. Notice'of OccUTance. The .IIisured~'sh911iinme9~ately adviSe Anyameilnt recaverEld as subrogation'-snall' be apportfoned'in the t.heCompanyef any occurrence ar disas!ei'wh'i,2h:will' prebably lriin!rse 'arderafpayment of.fess to tne exienlJdi -actual' PaYment. result in liability under this policy. The Company shall net, howe fl1,e eicpenses'ol''aJ.Fsuch recoVery proo:eedings;'shcilI'be CppOriroried everi'~!,,;ralled ,npon-.-t9'assume charge of the settlement ar defense in the ratio., of respective recoveries ..'I1. there', is nO. -recoVery'ili ef miy'Claims made, or suits breught, or proceedings instituted Pr&eedingscandueted solely by the -CompOny', theComponyshcll against the. Insured, but shall have the right and opportunity to. be bear the expenses thereof. associated with the Insured in, the defense: and trial ,of any such '1. Premium. The"premium' for this policY'shall bE,o'c:eimputed'upon claims, suits ar proceedings Telative to. any occuaence',which;'dnthEi baSisstated'm' the Declarations.:;1'headvariCe~preri:iium:;-stated the epinion of the Cempany, may cre~t~.liability.en ~~.~. ~f.~~> . ~.the, .De<:larati~ . unless.., atherwise specified is an estimated Campany under the terms of the policy...1I.~th~7Q~r-::riYi:rilsT ' .., Premium'::enl.y::WPdri."teriniIihtfon;of this policy the earned pre~ium itself of such right and opportunity, the Insured and the Company hall b d d'f h d .. th th shallcoo'perate in all respects so. as to effeel afin'aldetenrtlrtation .s_ ".... ee,o.mpute ..an . l,t e earne P!.emmm Is..,more an e 01 the claim or claims. advance premium paid, the Named Insured shall pay the excess to. the Company; if less. the Co.mpany shall return to the Named 3. Payment of Loss. It is a conditien 01 this policy that the insurance Insured the unearned 'portion, subject to. the annual minimum affarded under this policy shall apply enly alter all underlying premium stated in the Declaratiens lor each twelve months ef the insurance has been exhausted. Upon final determinatian by settlepolicy period, and subject further to. the policy minimum premium' ment, award or verdict af the liability ef the Insured, the Company as stated in the Declaratiens. shall promptly pay the Insured as the Insured shall pay, or be required to pay, the amounts ef any lesses falling within the terms 8. Cancellation. This policy may be cancelled by either party upon' -IUriit!!.of '!lit!;' ilistironcei~,AlI ~1055es 'c:eiv~ted'lJnder. this policy 30 days' net ice in writing to. the other stating the date cancellation Ibe due and,payt;r,ble by,;tPe,;,Company within 30 days after shall be effective. If cancellatian is at the request af the Insured. are, respectiv<'lly claimed. and;prool ef. lossdiled :with the Comadjustment of premium .shall be at. shert rate, and if cancelled by ~1Y in confarmity.with this policy. Bankruptcy,or insolvency ef "ihe'Cotii#jny;adjuslmen1shall'bemade pto'Ta't<i Hewever, in the the Insured shall net relieve the Company of any of its obligations event eicancellatien'-or termination ef the ..underlying insurance, 'hereunder. ' this, p,o)igys,hall ~~e ,.Ie. ~ply at the same time without notice to. ihii"'IrisurEid: dt1ce951idltbe 'given by the Company to the Insured N -4. P~ent of Expenses. Less expenses and legal expenses, includat the address','shown in;, the, declaratiens. Payment er tender of ing.Court costs. and. interest; '.iftIny,' whiCh' may be incurred bY..the 'unearned. premium is not _a cong!!i(:m ef cancellation.
NUCLEAR ENERGY IJABllJTY EXCLUSION ENDORsEMENT

.(BBOA'D:FOBMt It is agreed that the policy does net apply: 1. Under any Liability Ceverage, to. injury, sicknes~, disease, death er destructian ,i"" 'J; . (a) with respect to which ClIl insured under thepoi1cy is also an insured under a' nuclear" energy 'liability policy issued by"'Nuelear Energy Liability Insurance Asseciatian. Mutual Atemic Energy liability Underwriters er Nuclear Insurance Associatien of Canada, er wauld be an insured under any such poliCy but fer its terminatien' upon exhaustien 'ef its liirih 6f liability; er ' '.' (b) resulting frem the hazardeus preperties ef nuclear material and with, :.respect to. which (l) any person or erganization is required to maintain financial pretectien pursuant to the Atomic Energy Act 0.1 1954, or any law amendatory thereef, er (2) the insured is, er had this policy not been issued would be, entitled to indemnity from the United States ef America, or any agency thereef, under any agreement entered into. by the United States ef America, er any agency thereef, with any person ar organization. II. Under any liability Coverage, to injury, sickness, disease, death er destructien resulting from the hazardeus preperties ef nuclear material, if (a) the nuclear material (0. is at', any nuclear facility awned by, operated by eron behalf of., an insured or (2) has been dis';leder dispersed therefrom; the nuclear material is contained in spent fuel arwaste at uuy time possessed, handled, used,. precessed,. ,s;tered, transported er disposed of by or on behalf of an insured; ar ' '
PAGE TWO
, :v~. :
'1 ~ :
(c) the injury;'.sicknes5, disease, death er destructien arises out ef, the furnishing py an.insured of services, materials, parts er equip-' ment in carih"e~Ho'h'with" the' 'planning, censtructien, maintenance, operation o.r use ef any nuclear facility, but if such facility is located within the United_ States. af. America, its territeries. er. possessions er Canada, thisexciusion{e}--applies only to. injury to-or destruction ef property at such nuclear facility. III. As used in this endorsement: "hazardous properties; properties~ include radiaactive, toxic or explesive
"nuclear material" means seurce material, special nuclear material or bypreduct material; "source mat.eriaL" "special nuclear material" and "byprodud material~ have the meanings given them in the Atomic Energy Act af 1954or ill any law amendatery thereef; "spent fuel" means, and fuel element or 'fuel cemponent, solid "or liquid, which has been used er exposed to. radiatien in a nuclear reador; . "waste" means any waste material terial and (2) resl,11ling from the erganization. of any' nuclear facility af nuclear fd<:ilily under paragraph (l) centaining. byproduct maoperation by any person or included within the defination (a) or (b) thereof;
"nuclear facility" means (a) any nuclear reader. (b) any equipment or device designed. e~, used fer (l) sep6rating
(Continued on Next Page)
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(Continued from Preceding Page) the isotopes of uranium or plutonium, (2) processing or utilizing spenl fuel. or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the sile on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property.
IN WITNESS WHEREOF, DREMAN'S FUND INSURANCE COMPANY has caused this Policy to be signed by its President and Secretary but this Policy shall not be valid unless countersigned by a duly authorized Agent of the Company.
SECRETARY
PRESIDENT
FINAL PAGE
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o
COVERAGE PROVIDED IN COMPANY DEStG. HATED' BY NUMBER
I _.~
I.
INSURED'S
NAME
AND . DDRESS
(NO STREET. TOWN.
COUNTY.
STATE)
IVacter Clin,l.l Co. <&."14taa Co.)'. "I
2 '1980
..Waetr<iu~i)e.p. ~
200 'IIUkaK WJ.41q PortlaU. 0I'egea 97101
~j~-~ i
>c r
I
L
POLICY PERIOD: ITEM 2.
.Ja:uuy 1.~It30
J-aJUIUY
l.U81
~E\NSURANC~
AGENT SHOW RATE OF
PLEASE COMMISSION.
)<
INCEPTION (MO. DAY YR.) EXPIRATION (MO. DAY YR.) 12:01 A , STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN.
~Ito "
co~. .
.
ITEM 3.
LIMIT OF LIABILITY: EACH OCCURRENCE 'AGGREGATE
ITEM 4.
UNDERLYING INSURANCE LIMIT OF LIABILITY
$10.000.800.
$
EACH OCCURRENCE AGGREGATE ITEM 6. ADVANCE PREMIUM: $ ANNUAL MINIMUM PREMIUM: $
101ltmJ,OOO.
ITEM 5.
PREMIUM BASIS
3. GOO. 3.feO..
$3OG .
THE EVENT OF CANCELLATION BY THE NAMED INSURED. THE COMPANY SHALL RECEIVE AND RETAIN NOT LESS THAN THE POLICY MINIMUM PREMIUM.
FOLLOWING FORM BLANKET EXCESS UABILITY 'POIJCY

The Company designated above, a stock insurance company, (herein 'called the Company) agrees with the insured, named in the declarations made a part hereof, inconsideration of the payment of premium and in reliance upon the statements in the decl=ations and subject to the .limits of liability. exclusions. conditions and .other terms of this policy:
INSURING AGREEMENTS
1.'Coverage. To indemnify the Insured for the Insured's ultimate net loss in excess of the insuranceaflorded under' the Blanket Excess Liability or. "UIilbrella" policies specified. in Item 7 of the Declarations. herealter called underlying insurance, in full force and effect at the inception of this policy, provided that the insurance for injury to or destruction of property under this policy and underlying policies shall not apply except .asrespects injury to or destruction of corporeal property, including loss of use thereof. 2. Limit of Liability. The Company shall be liable only for the limit of liability stated in Item 3 of the Declarations in excess of the limit or limits of liability of the applicable underlying insurance policy or pOlicies all as stated in the decl=ations of this policy. The limit of the liability stated in' the declarations as applicable to "each occurrence" shall be the total limit of. the Company's liability for all damages sustained as the result of anyone occurrence, provided, however, in the event of reduction or exhaustion 01 the applicable aggregate limit or limits. of liability under said .,.,derlying policy or policies solely by reason of losses paid there'er on account of occurrences during this policy period, this (Continued
COUNTERSIGNATURE DATE
policy shall in the event of reduction; apply as excess of the reduced limit of liability thereunder. Subject to the applicable limit of liability as respects .each occurrence. the limit of liability stated in the declarations as "aggregate" shall be the total limit of the Company's .liability for all damages sustained during each annual period of this policy. . 3. Policy Period. This policy applies only to occurrences which take place during the policy period.
DEFINITIONS
"Ultimate net loss" means all sums actually paid, or which the .Insured is legally obligated to pay, as damages in settlement . or ~ satisfaction of claims or suits for which insurariceisci:fforded by.'. this policy, after proper deduction of all recoveries or salvage.
> r >
I
CQNDmONS'
1. Maintenance of Primary Insurance. The Insured warrants, and _ it is a condition of this policy, that- at the inception of this policy, insurance afforded by the underlying policies of insurance" (applyon Page Two)
COUNTERSIGNATURE'OF AUTHORIZED AGENT
Exhibit .BLANKEt EXcES~t"LiAa~poLiCY':~()LL()\viifd A F6~)S902~2fJ2{~:

RD A . u r
:,~~.~.~~.~.~~~~:"";.,:
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Page 180 of 272
Case 3:11-cv-01493-ST
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In cOI18ideratioa. of the premUJll ebarged. it ie hereby underst.ood ad the Producer Code is ebanpd to read followll: . RolUns Burdick Hunter of Oregon Portland. Oregon
agreed that
IREI NSURANCEI
POLICY NUMBER INSURED
"1\.\1 r--
_."', f'H: ''\ ~ UI.~D. PVI~TLhND ~ ~ FEB 1 '1980 2

I
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i
~.
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J
EFFECTIVE
XLX 121 77 84
Waeker Chemical CO.

PRODUCER
1/1/30
Rdl.1Da Burdick a_tel:' a.f 0re'0Il
OF AUTHORIZED AGENT
1JIl't'
FffiEMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY
"",
COUNTERSIGNATURE
.\.. j.
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~~~
SETS
PRESIDENT
70.X
180009-6-65
~~~ ...
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Case 3:11-cv-01493-ST (i' ,J

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Page ..'#: ~ 182 of 272

(: \ r:~""
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&peed, that
In eaulcieratioR of the. premua char... it 18 hereby ~ ttea '1 #7 are.duIaged to read'" fo1.lonf
limd
ltea '1 - Bamed Insured'

Wacker Chez' cal Co. (A Bo141Dg Co.)
aDd
Wadter SUtrord.eCorp.
lte1l 17 - SChedule of tmderlyiDB Iasuraaee Employers of Wausau $1,000,000. CSL- PrlaaJ.'y Granite S1:ate (C.V. Starr) $5,000,000. eEe $1,000,000. American (Swett & Crwford) $5.000,.000. e~ $5,000.000.
beau
UNO. -POR1\}~NJ
JAN 14 '1980
POLICY
NUMBER
INSURED
EFFECTIVE
XLX l21 77 84
Wadter Chemical Co .
PRODUCER
1/1/88 1JaY "lUD~
FIREMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY HAnONAL 'SURETY COBP.ORAnON ASSOC1ATEDINDEMNITY COBPORAnON AMERICAN AUTOMOBIU:.INSURAHCE COMPANY
~.
..
"btl: olc.aoa
OF AUTHORIZED AGENT
...
"
COUNTERSIGNATURE
~~~
.
..
,'.~
.
PRESIDENT
70.X
180001-1-65
SETS
Case 3:11-cv-01493-ST
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Page 183 of 272
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Rolli'ns Burdick Hunter of Oregon, Inc.
TO
200 Market Building, Portland, Oregon 97201 (603) 224.9700 '
// ;:C<--,
SUBJECT:d~&~
,.(, '\0
("~
formerly
Cole, Clerk & cunnlnghem,
Inc.
I
~.
XL'f./:J../77Sf
'
DATE:
CI',.k-rrY&aL L/ aL
//,z.e/-j't:) 'F
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aq
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w
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r YruA! AU7L4uz!?ra~/i.s. . ,',.. ,

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THIS COpy FOR PERSON ADDRESSED
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ROlUNS6UBPICI<., ,
HU~'
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Case 3:11-cv-01493-ST
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Page ID#:
1. NaRle'of. Applicant. and AILSubsidiaries.
WACKER' CHEMICAL CO". (A HOLDING; CO'.) 'AND' WACKER- SILTRONIC" COR,..

7200- "'-.. W
e'
Front
Avenue:
97203
4 Address- ot Head Office' Main I.ccatlons of Operations
Manufac:turers.
Hyperpur.-
511 icon Wafers .

o-w
. I, ""
4,.. ProductSWabllity.
~ _
<),4
i c ... ..:f
~.10
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<... ,
1,0 ......... 0.'.

Oescribe producuor completed operations exposure and give estimated annual sales for each class thereot.
AMNAI,,~
~,<:~
ClI'C1IA'nCNa
Manufacture' of total
Hyperpur~
Silicon
be- foreign'
~No
Portland Plantsf.te. t'or.e1.gn I'NInUraCl;Ure sa I es.

If yes. and they are-to'b.'covved,
52:~OOO.OOO
..
lJUU
UUU
$600,000. will
Dves
TOTAL SALES
$1 OT,OOO.OOO
s:.. Ar.
1-"'I
c:z..ua.
there'any foreign operatlon'-?'
\_ .. - I ~ I-"~I--l _
give complete d"tails below,
:=
So Automobll UablUty,
a;.. Number and tyoe- of owned or Insect vehldeL
,..".
Business
ever ~ Dves
..........
Ii
C:;;@i'
13"
.
PP' Va,...
~ Pleasu I"ein long haul (over SO miles) operation:' orin th .transportatlon e!INo If yes;. descrltftilly.
a~A1'e'-autOmobll. units
explosive-substances?
I
of inflammable, c:austle or
7. Aviation' Wablllty. Give. make; model,'plane-apadty and' number of all ain:raft owned, leased or. <:hartered I)y.insuMor any. eft1l)loy ' for usa. in business. Indude undertylng carner; limits, pol1ey number and premium. Inc:tud. cOVf of polley if- anilable.
1-~
a.. CUe. Custody
or Contra I. Desc:rtbe.fully all property of othersln the-appllant's care; custody or control, sueh as leased premises. . rented equipment of any kind including offla- equipment. goods. on. consignment. condltlonal sale. in storage. held for repair, etc;.. cargo for haUl, railroad equipment, etc.. valued at more- than $10,000.
0CCUItAHCY
OR OCSCIIP' lCI4\
aftMA~
YAUIC
UIGft
OtI.t--'AItCS.
'NSU"~
4-- Offices:
Santa; CJ a CA Richardson. TX - Portland'. I R and' Hunti ngtOlt' S.tati :Nt . NY Mutua 1.Wai ver of Subre gation
explain details of any unc:ov.-.d exposure:on.'a.sttl)arate-meet.
. -.
on Le4 ses
9~ Indieateexposuresand
".TWDU.a_
_ INDIV1C1UAU
......-.
YesD No
~Y1NG
=v1aIa1N
.. '.
~ IndustriaL railroad or ownect locomotlve-' b:. Mar.tt!m exposure: from master- or memoen ot crew'ot a vessel: . c. Watvl:ratt owned. or ehartared: cL.Contractual. It;. Advertising .pubUshinq; .contests- or trade;.exhfblts.c:ontemplated.
.
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0 0
0
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0 0
0
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Yes No
----I
10~Dothe unclertvlna-Dollcles Jff-OrdcoW~.~e n anvof1hetoIlOWtno~?

-,
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Yes No
V.'No
if... Pollutlon.nd/or _, . "Contamlnatlon g.' :Blanket Contractual
, a. 'OccurrenCl-B. _I. b. 'Occumnc:a-P. D.Co:Broad'f=ormP.D. (Uoyds)
~,C-' .;11 0
OiEl, J!D
,mD
'.110
:D D
:B).0
h. --xes" Hazards
, L' ".deW' 'Hazards.
18D
110
;&10
d .Broad Form P. D.(BuruLl)
DD
fa 0
NStrictie .-ncIoa.ments?
..
-:
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e. Personalln!':cry.wlth Deleted 11 0 EmDlovee' elusion. 11~Do undertylngpoUdesafford .etual wording. ~
~. ,Uquor Uw Liability . 10r fullS. I. Limits
:.10
Dves ~o .. ff 'MY~" .-ttach
1hanstandard ,~or:c:ontatn
l2. "Total cost ohll work.contnleted 10 otherS '$'"11-'-' ------,OY-es 11 No' '-rYP.e.' '_' 13.Any-bospltai'or clinic exposure!
".,.
':'NO;of,'ged$,--.
'_--No.~f ,outpatlenhtslts_
14.Schedule of vncleriylng Insurance grrled to be Incorporated In f)Olicy. InClude .1Il)ropertytnsurance1)oltdes-.pplicableto't8nted or-consigned property or property of otherS in Insured's care, custody or control. .-.Cor ~ ,"",e'f~ &L. c:&'ft_ _, nON OII'c:ovn.General J..lablllty PrOducts Ulbillty Automobile Uablllty ComprehensIVe Personal J..lablltty EmPloyers Ulbllity Jones Act; 'FLA Advertiser$ Liability Malpractice. Errors and ,Omissions Watercraft Liability ,'P&'I AI~ft Uabillty Aircraft,Passenger Legal Liability lS.a. L.lmlts of Uablllty requested ,inSUrance? :%JVes 'C]-No ... .
"-.-"I
EIID10vers Wausau
,H -fl It
--
1/1/81-82
''''Sl LOOO~OOO.
"I .tt
-. --- - .~-P. Do.
Thesl
'"
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1/1/81-82
.
'~l
11 10 16~27 -4;42
78
. '4,8
o. o.
. 1NC
.100;:000.
INCLUDED .wC
are 1980
81 'Preaduills
G"lL.
n ]7r.
f
I:?, , o.
_ 'f-Yes;"giYe"Nme of
b.Ooes IPp'lIcant -now grry'or has applicant ever'carried,-excess'Uablllty carrler.and details of %Wera9t, 1!!I1.liS.premlum,-etc.
GranIte State -~5,Ooo,OOO., -A_rican

.mOne Vear
Co Quotation desired on
o Three
Excess :$5.1)00., Fire_n's

__
fund :$10;000;000.
re-nted.annual'y.)
Year Basis
d. Over what retained IImit-is insuranee:desired on self-Insured or uninsuredoexposuresl$
l"':;'~U'na_ whomF"=: "

'0'
16. 'Past IOSses.numerate.below~lIlosses -five years.
_ ...
T==-- 1
...
(Three yearpolidesaref'..,lewed~nd
l_O ,'_O_O_O_.
_dO ~---
~I~- I-u---The "PPlig~t-repr~' t~t cthe~boyestate~n~~ridf~~

SIGNATUR.E ' OF APPLICANT -'
paid or-now:reserved Inexeess of~lO,OOO as respectsaceldents'DCCUrrlng dUrlng1he~aSt
1-1-1:=;1
suppressedor,misstatBd.
17. L.1st~nYother relevant facts'which ~19ht:aff8ct Underwriters' judgment when considering this ~pj,licatlon: .~ true,.~~d:t~t 'no~.ter.al' fa~' ~been
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.,~
Agent. or Broker's Name and -Address
.ROLUNS BURDICK ... --_ HUNTER 'Of:__ ... ~".~ INC., ..... :MEGOR,
--_
Case - .... --._--'-,-_ ..- .. ..-....--:-_~.-,........ .... 3:11-cv-01493-ST -' ,.-
Document 1-1
", "_'"'" __ ,_."'."_~,"
E.10KER'~DtS JUBDICK ~ '200 1WUCET m.J)G. " POlmAND" OREGOB 91201
Filed 12/09/11 206 C9DE NO.

~ ' __ '"~" "._
Page 186 of 272

.' 0"' "
Page ID#:
1"
(-
" "'lC.
KIND
-- ~ .....
,:.'
10%
OOGRANITE STATE NEW HAMPSHIRE
INSURANCE COMPANY INSURANCE' COMPANY

NEW HAMPSHIRE
..
MANCHESTER,
C. V. STARR & CO.

UNDERWRITING
MANAGERS
PORTLAND CHICAGO
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS

Renews
6578-5751
Policy Number
6586
CO.) AND
6886
ITEM 1(a) Named Assured: (b) Address of Named Assured:
W.ACKER. CBEMlCAL CO. (A HOLDING WACICER. SILTRONIC CORP. 200 MARXET BUILDING
PORTLAND. OREGON 97201
This Decl{lration page, with policy provisions and endorsements, the above numbered Umbrella Liability Policy. -EM 2
if any, issued to form a part thereof, completes
Policy Period: From .T.ANUARY1980 1, To .T~ct~l~';i~&lR!E~t'::L.4_tY= (12:01) A.M. Standard Time at the Address of the Named Assured St~~~~~Er,. Limit of Liability (a) Limit - as Insuring Agreement II.
\1
1~yiao
l
'ITEM 3
COVERAGe CCi:
('O.'~lJ~lIV C"~;. liu r,r
\.I I ... -
$
in all in respect of each occurrence
5.000,OOOj.
--+.-...~'-~~ A<::~'U'~''~:_'.;.)ir1"\11 p,",!:'"; "--'.:;' l.lirL:.~ l .... u,.~_;\ ..J

""w
~:B::;;:--~~
I
1
l
~ Ii
't (b) Limit in the aggregate for each annual period where applicable (c) Self I nsured Retention ITEM 4 ITEM 5 ITEM 6 ITEM 7 Notice of Occurrence (Condition Currency (Condition
5, 000, 000 ,-C_O_MM_RA_.T_E $ 10,.000 .

$
~=====(=Z;~_ V !I
G) to: C.V. Starr & Co. , THREE EMBARCADERO CENtER
SAN FRANCISCO, CA. 94111

Q): U.S. Dollars Q) to: C.V. Starr & Co. , THREE EMBARCADERO CENtER
Payment of Premium (Condition Premium Computation: Rating Basis FLAT
SAN FRANCISCO, CA. 94111

Estimated Exposure Estimated Premium Rate
$
Minimum Premium Audit Period
FLA'r
~Premium
$ 7,800.00
$ 7,800.00
NONE
JANUARY 3,
CVS 1116
1980 CC/'f!:B.E/jc.
C.V. STARR & co. Underwriting Managers
By
Exhibit A _ Page 186 of 272
-----'.- f-.---------~.- .... _ ~ ,

,
'\
Case 3:11-cv-01493-ST
(( .; ~.~ ?
Document 1-1
Filed 12/09/11 207
Page 187 of 272
Page ID#:
, SCk.JULE
OF UNDERL YINq INSURANCl: . Date

.JANUARY 1 ~ 1980
,ttached to and Forming Part of Policy No. 6580-6886 ;su'ed To WACKER CHEMICAL CO., ET AI. Type of Policy Or Coverage :omprehensive General .iability INCLUDING PRODUCTS LIABILITY
Limits of Liability
$ $ -
$-
$ $ -
$ 1,000,000.
~utomobile Liability Bodily Injury
$ $ Property Damage
$ -
each occurrence
$ 1,000,000.
:mployers Liability Coverage and Employers Liability
$
IIiscellaneous Liabil ity
100~000.
each accident
'rimary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau lrsonal Injury ,-ire Legal Liability
Yes ~ ~ 0 [3
GI GI
No 0 0 ~ 0 0 0
Yes Blanket Contractual Liability "X.C.U." Hazards Errors and Omissions/Malpractice Water Craft Liability (NON-OWNED )
[jj
[ZI 0
No 0 0
[jj
5l
C.V. STARR & Underwriting

:VSll17
co.
By
Manllgel'S
BROKER'S COPY
---_._._---Case 3:11-cv-01493-ST
....
((
,c
.._---- Filed 12/09/11 ... Document 1-1 ~~-----208
Page 188 of 272
Page ID#:
ENDORSEMENT
NO.1
IT
IS
HEREBY UNDERSTOOD AND AGREED THAT WACKER CHEMIE AND WACKER CHEMITRONIC INTEREST APPEARS IN WACKER
ARE' ADDED AS AN ADDITIONAL INSURED AS THEIR SILTRONIC CORPORATION AND ITS
HOLDING COMPANY WACKER CHEMICAL COMPANY, BUT
NOT FOR BROADER COVERAGE THAN IS AVAILABLE TO SUCH ADDITIONAL INSURED UNDER ANY UNDERLYING INSURANCES.
All other lerms ond conditions remain unchanged

Effective dale of Ihis endorsement is:
JANUARY 1, 6580-6886 ET AL
1980
o
rn
INSURANCE INSURANCE
CO. COMPANY
Attached 10 and forming porI of No.
Issued
10:'
C. V. STA'RR & CO. Underwriting' Managers
" _Doted:
u ". ("t!'v.
JANUARY 3,
"'If
1980
END
.111
By
Case 3:11-cv-01493-ST
" Ii
Document 1-1 a...... ----. .. _._-'_. Filed 12/09/11 _ 209

I
Page 189 of 272
Page ID#:
ENDORSEMENT
NO.
IT
IS
UNDERSTOOD AND AGREED THAT THIS
POLICY
SHALL NOT APPLY TO LIABILITY
OF ESK CORPORATION.
remain unchanged
Effective dote of this endorsemenl Allached 10 and forming
is:
1980
NEW HAMPSHIRE STATE
INSURANCE INSURANCE
CO. COMPANY
porI of No.
B GRANITE
Underwriting
Issued
10:
WACKER CHEMICAL. CO.,
C. V. STARR & CO. Managers'
.. -Doled:
JANUARY 3,
t ".~
1980
ENDT ./12
By
IU.'. (lIt.v.
Case 3:11-cv-01493-ST
Document 1-1
12/09/11 210 NO.3 ENDORSEMENT

I
~:---.. Filed
Page 190 of 272
Page ID#:
FOLLOWING FOR. CARE,
CUSTODY OR COhiROL
EXCEPT INSOFAR INSURANCES
AS COVERAGE IS AVAILABLE
TO THE ASSURED IN TEE UNDERLYING THIS POLICY SHALL NOT
AS SET OU'!'
'1'H.E ATIACHED
SCHEDULE,
APPLY TO LIABILITY OTHERS WILE
OF THE ASSUIU:D FOR LOSS OR DAMAGE TO PROPERTY OF
IN 'l'BE CARE J CUSTODY OR CONTROL OF THE ASSUIU:D.
All other
~rml
and conditions of this endorsemenl

porl
remain is:
unchanged
Effective dote A"oched

10
JANUARY 1,
1980
_
NEW HAMPSHIRE INSURA~CE
CO.
and forming
of No.
6580-6886
ET AL
D GRANITE STATE INSURANCE COMPANY
luued
Ie:
WACKERCHEMICAL CO.,
c. V. STARR
Underwriting
& CO. Managers
Doted:
JANUARY 3,
1980
END.1I3
By
Case 3:11-cv-01493-ST
"
Document 1-1
Filed 12/09/11 Page 191 of 272 Page ID#: :..,-~--------_._------------211, ~.
.'
MembenOf
IXJGRANITE STATE NEW HAMPSHIRE
INSURANCE INSURANCE
COMPANY COMPANY
MANCHESTER.
NEW HAMPSHIRE
C. V. STARR & CO.

UNDERWRITING
MANAGERS
PORTLAND CHICAGO
LOS ANGELES
UMBRELLA LIABILITY
POLICY
In consideration of the payment of the premium, and in reliance upon the statements in the Declarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the assured named in the Declarations as follows:
INSURING AGREEMENTS
I. COVERAGE. The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability (a) Imposed upon the Assured by law,
or
(b) Assumed under contract or agreement by the Named Assured and/or any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, for damages; direct or consequential, and expenses, all as more fully defined by the term "ultimate net loss" on account of: (i) (ii) Personal injuries including death at any time resulting therefrom, Property Damage,
(iii) Advertising liability, caused by or arising out of each occurrence happening anywhere in the world. II. LIMIT OF LIABILITY, The Company shall only be liable for the ultimate net loss the excess of either (a) the limits of the underlying insurances as set out in the schedule in respect of each occurrence covered by said under. lying insurances,
or
(b) the amount as set out in the declarations as the self-insured retention in respect of each occurrence not covered by said underlying insurances, (hereinafter called the "Underlying Limits"): and then only up to a further sum as stated in Item 3(a) of the Declarations in all in respect of each occurrence subject to a limit as stated in Item 3(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and in respect of Personal Injury (fatal or non.fatal) by Occupational Disease sus. tained by any employees of the Assured. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurances by reason of losses paid thereunder, this policy shall (1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance, subject to all the terms and conditions of this policy. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's limit of liability. III, SUPPLEMENTAL DEFENSE, It is agreed that with respect to any occurrence covered only by the terms and con. ditions of this policy except for the amount of the self-insured retention the Company shall (a) defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Assured in the event of accident or traffic law violation during the policy period, but without any obligation to apply for or furn ish any such bond; (c) pay all expenses incurred by the Company, all costs taxed against the Assured in any such suit and all interest accruing after entry of judgement until the Company has paid or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; and the amounts so incurred, except salaries of any permanent employees of the Assured or the Company, shall be included in the Ultimate Net Loss in computing the limit of the Company's liability but shall not be payable in addition to the limit of the Company's liability, and shall not be included in the self-insured retention. Exhibit A
rvt::.
111C;
Page 191 of 272
Case 3:11-cv-01493-ST
- ---.(1----Document -1-1 Filed 12/09/11 212

I
Page 192 ---- -- .._-----------of 272 Page ID#:
Insuring Agreements I, II, and III shall cease to apply after tna applicilble limits of the CompQ",/'s liabilitY has been e';hausted by payment of judgeme,nts or sattlements.
THIS POLICY IS SUBJECT TO THE FOLLOWING DEFINITIONS:

1. ASSURED. The unqualified word "Assured", wherever used in this policy, includes not only the Named Assured but
,0
(a) any officer, director. stockholder, partner or employee of the Named Assured, while acting in his capacitY as such, and any organization or proprietor with respect to real estate management for the Named Assured; (b) any person, organization, trustee or estate to whom the Named Assured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, but only in respect of operations by or on behalf of the Named Assured or of facilities of the Named Assured or used by them; (c) any additional assured (not being the Named Assured under this policy) included in the Underlying Insurances, subject to the provisions in Condition B; but not for broader coverage than is available to such additional Assured under any underlying insurances as set out in attached Schedule; (d) with respect to any automobile owned by the Named Assured or hired for use in behalf of the Named Assured, or to any aircraft owned by or hired for use in behalf of the Named Assured, any person while using such automobile or aircraft and any person or organization legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission of the Named Assured. The insurance extended by this sub-division (dl. with respect to any person or organization other than the Named Assured, shall not apply' 1. to any person or organization, or to any agent or employee thereof, operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; 2. to any manufacturer of aircraft. aircraft engines or aviation accessories, or any aviation sales or service or repair organization or airport or hangar operator or their respective employees or agents with respect to any occurrence arising out of the operation thereof; 3. with respect to any hired automobile or aircraft, to the owner thereof or any employee of such owner. This subdivision (d) shall not apply if it restricts the insurance granted under sub-division (c) above: 2. PERSONAL INJURIES. The term "Personal Injuries" wherever used herein means bodily injury, mental injury, mental anguish, shock, sickness, disease, disability, false arrest, false imprisonment, wrongful eviction, detention, malicious prose. cution, humiliation, also libel, slander or defamation of character or invasion of rights of privacy, except that which arises out of any Advertising activities. 3. PROPERTY DAMAGE. The term "Property Damage" wherever used shall mean (1) physical injury to or destruction of .angible property, which occurs during the policy period, including loss of use thereof at any time resulting therefrom; or (2) loss of use of tangible property, which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 4. ADVERTISINGLIABILITY. The term "Advertising liabilitY" wherever used herein shall mean: (a) Libel, slander or defamation; (b) Any infringement of copyright or of title or of slogan; (c) Piracy or unfair competition or idea misappropriation under an implied contract; (d) Any invasion of right of privacy; committed or alleged to have been committed in any advertisement, publicitY article, broadcast or telecast and arising out of the Named Assured's Advertising activities. 5. OCCURRENCE. The term "Occurrence" wherever used herein shall mean an accident or a happening or event or a con. tinuous or repeated exposure to conditions which unexpectedly and unintentionally results in personal injury, property damage or advertising liabilitY during the policy period. All such exposure to substantially the same general conditions existing at or emanating from one premises location shall be deemed one occurence. 6. ULTIMATE NET LOSS. The term "Ultimate Net Loss" shall mean the total sum which the Assured, or any company as his insurer, or both, become obligated to pay be reason of personal injury, property damage or advertising liability claims, either through adjudication or compromise, and shall also include hospital, medical and funeral charges and all sums paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds; interest, expenses for doctors, lawyers, nurses and investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of the Assured's or of any underlying insurer's permanent employees. The Company shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible in. surance. 7. AUTOMOBILE. The term "Automobile", wherever used herein, shall mean a land motor.vehicle. trailer or semi-trailer. 8. AIRCRAFT. The term "Aircraft", wherever used herein, shall mean any heavier than air or lighter than air aircraft designed to transport persons or property. 9. PRODUCTS LIABILITY. The term "Products Liability" means (a) liabilitY arising out of goods or products manufactured, sold, handled, or distributed by the Named Assured or by others n:ading under his name if the occurrence occurs after possession of such goods or products has been relinquished to others by the Named Assured or by others trading under his name and if such occurrence occurs away from premises owned, rented or controlled by the Named Assured; provided such goods or prodUcts shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any propertY, Exhibit A other than such contai ner, rented to or located for use of others but not sold;
Page 192 of 272
Case 3:11-cv-01493-ST
Document 1-1
'
(b) liabilitY arising out of operations, if the occurrence occurs after such operations hoi'vebeen completed or abandoned and occurs away from premises owned, rented or controlled by the Named Assured; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph: (i) pick-up or delivery, except from or onto a railroad car, (ii) the maintenance of vehicles owned or used by or in behalf of the Assured, (iii) the existence of tools, uninstalled equipment and abandoned or unused materials. 10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive period of one year commencing from the inception date of this Policy. . 11. AIRCRAFT PRODUCTS. "Aircraft Products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Assured or by others trading under the Assured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and services and labor relating to aircraft products. 12. GROUNDING. "Grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more Aircraft from' flight operations because of a like condition or suspicion thereof in two or more such Aircraft whether such aircraft so withdrawn are owned or operated by the same or different persons, firms or corporations. A grounding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs.
Filed 12/09/11 213
Page 193 of 272
Page ID#:
THIS POLICY IS SUBJECT TO THE FOLLOWING EXCLUSIONS:

This policy shall not apply: A. to any obligation for which the Assured any company as its insurer may be held liable under any Workmen's compensation, unemployment compensation or disability benefits law provided, however, that this exclusion does not apply to liability of others assumed by the Named Assured under contract or agreement;
or
B. to claims made against the Assured; 1. for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof nor for the cost of such repair or replacement; 2. 3. for the loss of use of any such defective product or products or part or parts thereof; for improper or inadequate performance, design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification;
C. with respect to advertising activities, to claims made against the Assured for: 1. failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; 2. infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans; 3. incorrect description of any article or commoditY; 4. mistake in advertised price; D. except in respect of occurrences taking place in the United States of America, its territories or possession, or Canada, to any liabilitY of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities, (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscatio'n or nationalization or requisition or destruction of or damage to propErty by or under the order of any government or public or local authoritY; E. to any -:Iaim based upon the Assured's failure to comply with the federal "Employee Retirement Income Security Act of 1974", or any amendment thereto; F. to any claim for personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; G. to any claim for personal injury or property damage: 1. with respect to which an Assured under the pol icy is also an Assured under a nuclear energy liabilitY policy issued by Nuclear Energy liabilitY Insurance Association, Mutual Atomic Energy liabilitY Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for its termination upon exhaustion of its limit of liabilitY; or 2. resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or
or
(b) the Assured is, or had this policy not been issued would be, entitled to indemnitY from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or A Exhibit any aqency thereof, with any person or organization; or .
Page 193 of 272
Case 3:11-cv-01493-ST
Document 1-1
...,
3.
Filed 12/09/11 214
Page 194 of 272
Page ID#:
resulting from the ,hazardous properties of nuclear material, if (a) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (ii) has been discharged or depersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility.
As used herein "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under SUb-paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for 0) separating the isotopes of uranium or plutonium, cessing or utilizing spect fuel, or (iii) handling, processing or packaging waste, (ii) pro-
(iv)
(c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equiment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; with respect to liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the Canal Zone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;
H. to any claim for personal injury or property damage arising out of Aircraft Products and/or all sums which any assured shall become legally obligated to pay as damages resulting in or from grounding of any aircraft; I. to any liability arising our of the violation of any statute, law, ordinance or regulation prohibiting discrimination or humiliation because of race, creed, sex, age, color or national origin. Except to the extent that coverage is available to the Assured in the underlying insurances 'as set out in the attached Schedule, th is policy shall not apply: J. to liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for Personal Injury or Death resulting from any act alleged to be assault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft, or for the purpose of preventing personal injury or property damage; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above.
K. with re~pec~ to any aircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them: It being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; L. with respect to any watercraft owned by the Assured, while away from premises owned, rented or controlled by the Assure~, excep~ liability of the Named A$sured for watercraft not owned by them; it being understood and agreed that thiS exclUSion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; M. to any employee with respect to injury to or the death of another employee of the same Employer injured in the course of such employment; , N. to punitive or exemplary damages awarded against any Assured.

A. PREMIUM. Unless otherwise provided for ment except as provided in Conditions 8 and P. B. ADDITIONAL ASSUREDS. In the event Insurances during currency hereof prompt notice been charged for such addition on the Underlying tional premium hereon.
CONDITIONS
the premium for this Policy is a flat premium and is not subject to adjust. of additional assureds being added to the coverage under the Underlying shall be given to the Company hereon and if an additional premium has Insurances, the Company shall be entitled to charge an appropriate addi'
C. PRIOR INSURANCE NON CUMULATION OF LIABILITY. It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy issued to the Assured prior to the inception date hereof the limit of Exhibit of liability hereon as stated in Item 3 of the Declarations shall be reduced by any amounts due to the Assured on account A such loss under such prior insurance. Page 194 of
272
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Document 1-1 Filed 12/09/11 _ . Page 195 of 272 ..- .. _-_...L. .. 215
..._----_
Page ID#:
'Subje'ct to the foregoing par,agraph and to all the other terms and.conditions of this policyin the event that personal injury . or property damage arising out of an occurrence covered hereunder is continuing at the time of termination of this poliCy the Company will continue to protect the Assured for liability in respect of such occurrence without payment of additional premium. D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE. As regards personal injury (fatal or non,atal) by occupational disease sustained by any employee of the Assured, this policy is subject to the same warranties, terms and conditions (except as regards the premium, the amount and limits of liability and the renewal agreement, if any) as are contained in or as may be added to the underlying insurances prior to the occurrence for which claim is made hereunder. E. INSPECTION AND AUDIT. The Company shall be permitted but not obligated to inspect the Assured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report there. on shall constitute an undertaking on behalf of or for the benefit of the Assured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Assured's books and records at any time during the policy period and extensions thereof and within three years aher the final termination of this policv or within one vear aher final settlement of all claims arising out of personal injury or property damage whictl occur during the period of this policy as far as they relate to the subject matter. of this insurance. F. CROSS LIABI LITY. In the event of claims being made by reason of personal injuries suffered by any employee or em. ployees of one Assured hereunder for which another Assured hereunder is or may be liable, then this policy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder for which another Assured is, or may be, liable then this policy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained h~rein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement II. G. NOTICE OF OCCURRENCE. Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages, which, in the event that the Assured should be held liable, is likely to involve this Policy, notice shall be sent as stated in Item 4 of the declarations as soon as practicable, provided, however, that failure to give notice of any occurrence which at the time of its happening did not appear to involve this policy but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. H. ASSISTANCE AND CO-OPERATION. The Company shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Assured but the Company shall have the right and shall be given the opportunity to associate with the Assured or the Assured's underlying insurers, or both, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company, in which event the Assured and the Company shall co-operate in all things in the defense of such claim, suit or proceeding. I. APPEALS. In the event the Assured or the Assured's underlying insurers elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at their cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in Insuring Agreement II for anyone occurrence and in addition the cost and expense of such appeal. J. LOSS PAYABLE. Liability under this policy with respect to any occurrence shall not attach unless and until the As. sured, or the Assured's underlying insurer, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Company may be liable under the policy within twelve (12) months aher the Assured shall have paid an amount of ultimate net loss in excess of the amount borne by the Assured or after the Assured's liability shalt have been fixed and rendered certain either by final judgment against the Assured aher actual trial or by written agreement of the Assured, the claimant, and the Company. [f any subsequent payments shall be made by the Assured on account of the same occurrence additional claims shall be made similarly from time to time. Such losses shall be due and payable within thirty (30) days after they are respectively claimed and proven in conformity with this policy. K. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. L. OTHER INSURANCE. If other valid and collectible insurance with any other insurer is available to the Assured covering a loss also covered by this policy, other than insurance that is in excess of the insurance afforded by this policy, the insurance afforded by this policy shall be excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this policy subject to the terms, conditions and limitations of other insurance. M. SUBROGATION. Inasmuch as this policy is "Excess Coverage", the Assured's right of recovery against any person or other entity cannot be exclusively subrogated to the Company. It is, therefore, understood and agreed that in case of any payment hereunder, the Company will act in concert with all other interests (including the Assured) concerned, in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Assured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them: the Company is then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interests (including the Assured) of whom this coverage is excess are entitled to claim the residue, if any. Expenses necessary to (including the Assured) concerned, in the ratio of their respective recoveries as finally settled. N. CHANGES. Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of this policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived Exhibit A or changed, except by endorsement issued to form' a part hereof, signed by the Company.
Page 195 of 272
-~--- Case 3:11-cv-01493-ST Document 1-1 Filed 12/09/11 Page 196 of 272 Page ID#: --"'-----------------------_ . ~------------'----~-----'"""l-216 "
(,
"
O. ASSIGNMENT. Assignment of. entlorsed hereon.
_rest under this ,policy .shall not bind the CoITlF-~'.funless and until their consent is
P. CANCELLATioN. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail, at the Named Assured's address as shown herein, not less than ten (10) days' written notice stating when the cancellation shall be effective. If this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company. the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of retum premium with such notice.
Q. CURRENCY. The premiums and losses under this policy are payable in the currency stated in Item 5 of the Declarations. Payment of Premium shall be made as stated in Item 6 of the Declarations.
R. CONFLICTING STATUTES. In the event that any provision of this policy is unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. ' S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force and during the currency of this policy except for any reduction of the aggregate limit or limits contained therein solely by payment of claims in respect of accidents and or occurrences during the period of this policy. Failure of the Assured to comply with the foregoing shall not invalidate this policy but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
C. V. STARR & CO.

UHOERWltITING MANAGERS
"'/' lj.t
iii
I,.,
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 217
Page 197 of 272
Page ID#:
Kay Kemper
Claims Specialist
267.765.6273 - tel 267.765.6274 - fax ka y.kemper@resolute-midatlantic.com
Resolute
United Plaza - Suite 700
30 South 17'" Street
Management Inc.
Mid-Atlantic Division
Philadelphia, PA 19103
/ . 0-08
HAt
FOR YOUR INFORMATION JORDAN SCHRADER RAMIS
December 17, 2008
COpy
Christopher L. Reive Jordan Schrader P.O. Box 230669 Portland, OR 97281 RE: Wacker Siltronic Corporation nlk/a Siltronic Corporation ("Siltronic") Site: 7200 NW Front Avenue (Portland, OR) Our File No.: 717 L 062398-6
Dear Mr. Reive: We are in receipt of your letter requesting a complete copy of policy XBC 152145. We previously provided to you a complete copy of the policy pursuant to our policy search. The policy was issued in 1981 and at that time, excess insurance was frequently identified as "certificate of excess insurance," which was a term then used for insurance that followed form to the primary insurance, as shown on the page of terms and conditions. Further, please note Item 6 of the declarations where the limit ofliability for XBC 152145 is specified in "Description of Excess Insurance." The certificate of excess insurance is, in fact, the excess insurance policy. Very truly yours,
J~!/~<-e-~
Kay L. Kemper
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 218
Page 198 of 272
Page ID#:
Kay Kemper
267.765.6273 telephone 267.765.6274 fax kav. Kem per@resolute-midatiantic.com
Resolute
h
Management Inc.
Mid-Atlantic Division 30 South 1i Street - Suite 700

Philadelphia, PA 19103
November 8, 2007
{q OiFOR YOUR INfORMATION JORDAN SCHRADER RAM1S '
Christopher L. Reive Jordan Schrader P.O. Box 230669 Portland, OR 97281 RE: Wacker Siltronic Corporation n/k/a Siltronic Corporation ("Siltronic") Site: 7200 NW Front Avenue (Portland, OR) Our File No.: 717 L 062398-6
Dear Mr. Reive: This correspondence will supplement, but in no way restrict or limit, our letter dated July 10, 2006, incorporated herein by reference. Pursuant to our policy search for any and all policies under various alleged named insureds, we have located policy XBC 052145 issued by Century Indemnity Company, as successor to CCI Insurance Company, as successor to Insurance Company of North America ("Century Indemnity") (enclosed). As indicated previously, you have alleged that we provided insurance coverage at high layers in your insurance program in excess of underlying coverage. That means that, subject to other terms, conditions, defmitions and exclusions of the alleged policy, no obligation to pay would arise until an amount equal to the underlying coverage has been paid on behalf of the policyholder for any settlement, judgment or claim. Weare currently not aware of any information that would lead us to conclude that this has taken place. If you have information that would indicate that our level of coverage might be reached, please provide it to us as soon as possible and provide relevant information regarding underlying coverage. In the meantime, if you have any questions concerning this matter, please do not hesitate to contact me. Very truly yours,
Enclosure
Case 3:11-cv-01493-ST Document 1-1 ----_ _--------------------..
....
Filed 12/09/11 Page 199 of 272 Page ID#: 219 _---_._--------_._-------------
IN~
INSURANCE
COMPANY
OF NORTH I\;"ERICA,
PHILADELPHIA,
PENNSYLVANIA
Attached to and hereby mode a part of Certificate of Excess In5urance No.XBC 152145
DECLARATIONS
Item
1.
Name of
Insured Item 2. Address _L
wacker Chemical Co. and

Wacker Slltr011ic Corp.
7200 N.W. Front Avenue Portland, Oregon 97203
Item 3. Certificate
Term -
From: January 1, 1981 To: January 1, 1982 12:01 A.M., staru:lard time at the address of the insured as stated in Item 2 above.
Item ..(. Primory InsurancePrimory Carriers Policy Numbers Policy Periods
1.
First Umbrella Grahi~e State Ins. Co.

Second Umbrel1.a American Ex:cess Ins. Co.
(TBD)
Jan. 1, 1981/82 Jan. 1, 1981/82
2.
(TBD)
Item 5. Description of Primary Insurance -
Umbrella. Liability
"&:ess of Underlying
Coverages:
ComprehensiveGeneral Liability; Employerts Liability. $10,000,000. Each Occurreuce
Automobile Liability
and
and Aggregate
Item 6. Description of Excess In5urance-
Umbrella Liability: $10,000,000.

'" Excess
Each Occurrence and Aggregate Described

:f.n Item 5,
of Primary Insurance
JJ>ove..
"-hem
7. Premium-
Flat Amount
Not Subject -
to Audit $750.
$2,500.
~lin:imutl Reta.ined Premium
Item 8. aHached hereto and made a part hereof: No. I - Nuclear Energy liability Exclusion Endorsement
I Form le-1 0 12)./
11.-7-81 GS/sb
LC-11S2 5M 6-73 PTD. IN U.S.t..
_______
...l
Case 3:11-cv-01493-ST
Document 1-1
Tilis is a certificate of excess insur --'r issued by INSURANCE COMPANY OF Nr-tl to the party or parties named in tL, deciarations mode a part hereof (herein call~J
Filed 12/09/11 220
Page 200 of 272

AMERICA (herein the'lnsured).
Page ID#:
called INA)
A.
WHEREAS, the primary carriers have issued to the Insured policies of insurance listed in Item 4 (Primary Insurance) of the declarations (which policies, including renewals or replacements thereof on the same basis, are herein called the primary insurance) which are providing the insurance described in Item 5 I Description of Primary lnsuranc:e J of the declarations. NOW, this certificate is to idemnify the Insured in occor.dal'lce with the applicable insuring agreements, exclusions and conditions of the primary insurance for excess loss as specified in Item 6 1Description of Excess Insurance) of the declarations. The insurance afforded by this certificate that of the primary insurance except: shall follow
of the Insured; (2) the insurance afforded by this certificate shall not apply to any expenses for which insurance is provided in the primary insurance; (3) where amended by endorsement o.ttached hereto. D. The premium for this certificate is the amourlt in Item 7 of the declarations and is payable delivery of this certificate. E. stated upon
B.
INA shall be furnished with copies of the primary insurance and 011 endorsements thereto which in any manner affect thi; excess insurance as soon as practicable. This certificate may be canceled by the Insured by surrender thereof to INA or any of its authorized ogents, or by moiling to INA written notice stating when thereafter such cancelation shall be effective, it being agreed, however, that in the event of cancelation or termination of the primary insurance, this certificate, to the extent of such cancelation orter. mination, shall cease to apply at the same time without notice to the Insured. This certificate may be canceled by INA by mailing to the first Named Insured at the address shown herein written notice stating when, nol less than thirty (30) days thereafter, such cancelation shall be effective. The moiling of notice as aforesaid sholl be sufficient notice and the effective dole of cancelation stated in the notice sholl become the end of the term of this certificate. Delivery of such written notice either by the Insured or by INA sholl be equivalent to moiling. If the period of the primary insurance is not concurrent with the terms of this certificate, it is agreed that for the purpose of determining INA's liability for loss in excess of the aggregate limits where applicable, of the primary insurance, only loss happening during the term of this certificate shall be included.
C.
F.
( 1) anything in this certificate or the pr;mary insurance to the contrary notwithstanding, INA shall not be obligated to assume charge of the settlement or defense of any claim or suit brought or proceeding instituted against the Insured, but INA shall have the right and be given the opportunity to associate with the Insured in the defense or control of any claim, suit or proceeding which appears reasonably likely to involve INA, in which event the Insured and INA sholl cooperote in all things in the defense or control of such claim, suit or proceeding, but no obligation shall be incurred on behalf of INA without its consent being first obtained, however, in the evei'll that the amount of the excess loss becomes certain either through trial court judgment or agreement among the Insured, the claimant and INA, then, the Insured may pay the amount of excess loss to the claimant to effect settlement and, upon submission of due proof thereof, INA will indemnify the Insured for such payment, or, INA will, upon request of the insured, pay such amount to the claimant on behalf
G.
IN WITNESS WHEREOF, INSURANCE COMPANY OF NORTH AMERICA has caused President and Secretary-Treasurer at Philadelphia, Pennsylvania and countersigned company.
this certificate to be signed by its by a duly authorized agent of the
Countenigned:
Agent
'It%(
HARRY E.. HOYT,Sea.QI)'
lC.llB3.1
lU55
rtd, in U.S.A.
Case 3:11-cv-01493-ST
,----------....,.--------,.
Document 1-1
._)...
------~--------(Broad Form)
Filed 12/09/11 221
Page 201 of 272

.\
Page ID#:
. .....,.---:----:-:::-:-:------:----,-, .,....
IN~
Named Insured
NUClEAR ENERGYLIABILITY tXCLUSION ENDORSEMENT
Wacker Chemical
Effective
Company
and Wacker
Siltronic
01-01-81 to 01-01-82
Iswed by (Name of 'nsurance <;:ompany)
Corp. XEC 152145
Policy No.
INSURANCE
COMPANY OF NORTH AMERICA

to be completed only when this endorsement is issued subsequent to the preparation of the policy.
The above is required
This endorsement modifies such insurance as is afforded by Ihe provisions of the policy relating to Ihe following:
All
AUTOMOBILE
LIABILITY, GENERAL lIABIUTY
AND MEDICAL PAYMENTS

PERSONAL INSURANCE
.
INSURANCE OTHER THAN FAMilY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBIlE,

COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE
II is agreed that: I. The policy does not apply: A. Under any Liability Coverage. to bothly mjury Gr property damage (1) With respect to which an Insured under the policy is also an Insured under a nuclear energy liability pGlicy issued by Nuclear Energy Liability Insurance Asso. ciation. Mutual AtomiC Energy liability Underwllters Gr Nuclear Insurance ASSOCiationof Canada. or would be an Insured under any such policy but 'Gr its termination upon exhaustion of lis limit of liability; Dr (2) resulting trom the hazardous properties of nuclear material and with respect to which (a) any person or organization is requtfed10 maintain financial protection pursuant to Ihe Alomlc Energy Acl of 1954, Dr any law amendatory thereof, or (b) the Insured is, or had this polit). not been issued would be. entitled to indemnity from the United States 01 America. Of any agency thereof. under any agreement entered into by the United States of America, Gf any agency thereof, with any person Dr organization. B. Under any Medical Payments Coverage. Dr under any Supplementary Payments prOVision relating to first aid. to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and-ariSing oul of the operation of a nuclear facility by any person or orgai1iratJon. C. Under any liability Coverage. to bodily injury or property damage resulllng from the hazardous properties of nuclear material. if i
(I) the nuclear 'malenal (a) is at any nuclear facility owned by. or operated by Dr on behalf of, an Insured Dr (b) has been discharged or dispersed therefrom; (2) the nuclear material IS contained in spent fuel or waste at any lime possessed, handled. used. processed. stored. transported or disposed ot by or on behalf of an Insured; Dr (3) the bodily mjury or property damage arises out of the furniShing by an Insured of services, materials, parts or equipment In connection with the planning. constructaon, maintenance, operation or use of any nuclear facility. bullf suchfacility is located within llie United States of America, its leffltofles or posses. sions or Canada, this exclusion (3) applies only tl) properly damage10 such nuclear facility and any property thereat. II. As used in this endorsement: hazardous properties" "nuclear material" "source material", amendatory thereof: "spent fuel" include radioactive. toxic or explosl";e properties: nuclear material", and "byproduct materia'" have the meanings given them in the Atomic Energy Act of 1954 Dr in any law means source matenal. special nuclear material or byproduct matenal; "special
means any fuel element or fuel component. SGlid or liquid. which has oeen used exposed to radiation in a nuclear reactor; 01
"waste" means any waste material (I) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility cncluded within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear lacility" means or (3) handling, proc. (a) any nuclear reactor. (b) any equipment or deVice designed Dr used lor (1) separating the isotopes of uranium or plutontum. (2) processing Gr utilizing spentluel, essmg or packaging waste.
(c) any equipment or deVIce used lor the processing, labrrcaltng Dr alloying of special nuclear material if at any time the total amount of such material in Ihe custody of the Insured at the premises where such equipment or deVICeIS located consists01 or contains more than 25 grams 01 plutGniumor uranium 233 or any combination thereof. or more than 250 grams Gt uranium 235, (d) any structure. basin, excavation, premIses or place prepared or used lor Ihe storage or disposal of waste, and includes the site on whICh any of the foregOing is located. all operations conducted on such site and all premises used lor such operalions; "nuclear material; "property reactor" means any apparatus deSigned or used to sustain nuclear fission in a sell,supporllng'chain reaction Dr to contain a critical mass of fissionable
damaee" includes aillorms of radioacllve contamcnation of property.
I
le.IOI? (AOOO91 IG170l 12.).66 .".Itd ,. U.S.A.
A~~~
INI\
I!QUina
. J.cker
AUDIT DATA L1MITSDATAS AGE NCY NAME
Case 3:11-cv-01493-ST Document 1-1 Filed 12/09/11 Page 202 of 272 Page ID#: 222 INsuRANCE COMPANY OF NORTH AMERtCA --------_ (J'\LY", _. .. fRENE'Iv" 'o-R-'-N-L-'E-U-O'"'f- .-----CODING AND INSTRL. nON" SHEET POliCY N(J I~ P()l.IClES
..
(EXCESS INSURANCE)
NEW
NUMBER
X 136018
nc
152145
1ST M _ % COMB POliCY PERIOD TO
!urd1.c'k Hunter of Oregon Chemical Front CoDtpany and 'lacker Avenue, Portl.and? Siltron1c Oregon Corp.
COMM.
RAfE
'ME OF INSURED
OVER 1ST M
10
!
%
I7200 N.Y.
!
ADDRESS OF INSURED
FROM
01-01-81
M-01-82
SUBJECT TO ANNUAL RE.RATlNG'
I
1
97203
0 A"''''UAL
10,000,000.
S "',
SEMI. ANNUAL (SINGLE LIMIT! OR S ADVANCE PREMIUM
o
OF 5
~YES
OUARTER:'Y _ IS
MONrHLY s IP.D I
[!]
NOT
SU8JECT
IB.U ANDIDR
TOT6,L POLICY PRE'MIUM
0 TOTAL
PREMIUM
INTERIM AUDIT BASIS DEPOSIT.
0 PREMIUM
ABC
PAYMENT
PLAN INITIAl. INSTALLMENT (l)
I
I
I
(l) D~I< DATES AND AMOUNTS
OF REMAI"IING
INSTALLMENTS
INDuSTRY ORIENTED CODE ICIRCLE ONEI
HJ
MNOPORSTUVWXYZ
CATASTROPHE DESIGNA,ION (
pz
I
S,O USE COUNTER. SIGNATURE PROCEDURE
I
I
INDUSTRY 15 STATE FILING RE. B I S AUTOMOBILE PO
CODE-PREMIUM
DIVISION GENERAL LIABilITY W.C PD S S

.
GENFRAl. L1ABI\.ITY
>
6 '- ~
PO
l<:
i i
I
j ,
STATE
OUIRED
EL 300. 100.
EL
36
600.
1500.
i,
I
i
I
I
I I
I
.
AVIATI oN EXPOSURE AN;) PREMIUM EXCLUDED
0
EXPOSURE
3. KNOWN
EXPOSURE
0
S
SliORT ANNUAL 3 YEAR
TERM
LINE ___ i 51
CLASS 82
INCL. G6
PASS
EXCl. 1'16 OWNED
NO KNOWN
~
(ENTRIES NOT REQVIRED FOR XOT, LIMITS
___ G.l UNDERLYING COVERAGE:
51
82
G7 -
I'll -
N OWN. -.
121 rAUTOMOBiLE .. ~ B
LiABiLITY-UNDERLYING
11) GENERAL LIABILITY UNDERLYING lal ACTUAL liMITS SPLIT LIMITS B I.
: 10,000.000.
CSL PE
:
J
SINGLE P.D
lIM!i
10,000,000.
131 CODE
fbi REOUIREO LIMITS SPLIT ~ a.1 SINGLE liM Ii ---------AND EXCESS RATING IENTRIES REOUIRED PREMIUM ONLY IN 161FOR XOD
lI_M_'T_S_P._D GENERAL liABiliTY

(Ii
J
"
i
i
Ic
I
I I
"BASIC-
1ST MILliON
"DIFFERENCE"
N.A.
_
rDROP DOWN MIN PREM.I
12) DROP DDV.'!>: MANUAL! '3, '~I GL EXCESS MAN JUDGMENT PREM
5T MILLION 1ST MILLION
MODIFIER CHARGED
----_%
MIN. PREM
lSI INA POliCY
IS EXCESS OF PRIMARY
0 OTHER
%
I I
~
161 GL ANNUAL PREMIUM
i
_M_'_N_P_R_E_M_I
1ST MILLION 2ND
~
2J.O.
6TH MILLION 7TH olH
3RD
4TH
210. 110.
210. 210.
5Th
210.
ADDITIONAL MILLIONS. PREMIU,,"' ALL PREMIUM ENtRIES-"o FOR _
__ (yESl
9TH
10Trl INSERT NO. I
210.
210.
PER MM
-----i
----I
---1
--I
--XX
(YES) --
NOTE-ANNUALIZE
ENT~Y IS
OF
151
MILLION
"DIFFERENCE"
i)
I
I
REMARKS (ENTRIES NOT(EOUIRED .." RISK SIZE CODE:
\01;
161 SIC.
1~1 UNDERL YJ.i'I'y
.c0:f~R~N1' 9
EXCEPTION :X)\/I'NGRADE~. AN
-~
PER MM INO)
<2' FACULTATIVE REINSURANCE'

:3, PRODUCTS COVERAGE' :, UNDERLYING CARRIER:
XX
__
(NUl (7'
DESIGNATIOi'l
UPGRADED
XX
INA OR
lYE 51
INO, SERVICE OFFICE 510 NUM9ER
VARIOUS
E:J
OTHER INAME 8ELOWI
-.-5~AB~---------------
SEATTrl glf1lj
I
I
I \
----------
C-23249
PTD. IN USA EXTRA COPY
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 203 of 272
Page ID#:
POliCY NO.
CODING AND INSTRUCTION SHEET SUPPLEMENT 223 EXCESS AUTOMOBILE INSURANCE _.,
~. Major Indusfry
ClassificatIon
Group COOe
XBC 1'52145 .
3. Underlying Automobile Policy Limits Code (No Entry for XOT)
EL
Automobile
3
Liability "Basic"
and Excess Rating
a) 1st Million "Difference" Premium b) Drop Down Premium 1st Million c) Exce.ss Manual Premium d) Judgment Modifier Charged 1st Million
$
S-
N.A.
(No Entry for XOT)

(No Entry for XOT)
$ --
(No Entry for XOT) (No Entry for XOT) entries for XOT)
CHARGED 6th MILLION 7th
8th
X
(Only "Charged"
%
e) Annual Premium
1st MILLION
2nd
CHARGED
MIN. PREMIUM
40
MIN. PREMIUM
40
40
llO
40
IJO
3rd
4th 5th
40 40
ADOITIONAL NO"TE - ANNUALIZE
9th
10th
40. 40.
PER MM PER MM PREMIUM "DIFFERENCE"
MILLIONS, INSERT-NO. (
ALL PREMIUM ENTRIES - % ENTRY IS % OF 1st MilLION
5. INA POLICY IS EXCESS OF PRIMARY

6. CA Underlying Carrier: INA
0,
OTHER ~
Name of Carrier: __
(NO ENTRY FOR XOT)
Other ~
V:LAR~,-,I..,O=<.U",-",S,--
LD-7138 Ptd. in U.S.A.

------_._-------~------_._---------~--,....----------,...,,....,,-.
HOME OFFICE CID COpy

.. ---Q"""' <"">,~
. ."..--.----...,,--~--.,...,.----~. -
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 224
Page 204 of 272
Page ID#:
IIN~
NAMED OF" INSURED
l:ASUAL TV ACCOUNT SUMMARY

BRANCH OFFICE
Wacker
'DRESS
Chemical Co. OR 97203 Portland,
Seattle
UNDERWRITER
"
7200 N.W. Front Ave. , Portland,

. ",ODUCER
&. CITY
Gene Oregon
(3)
Sprout
.
(4)
Rollins
POLlCY(S) (1) XBC EFFECTiVE
Burdick
Hunter
(2)
of
Oregon
NUMBER
152145
<1 I 1-1-81/82
DESCRIPTION OF RISK
(2)
(3)
(4)
MANUF ACTlJRES PURE
SILICON WAFERS
.COVERAGES
0 0
AUTOMOBILE
o
'lnn nnn
WORKER'S
COMPENSATION
o
lX)
Tl",},ro1 1 <>
GENERAL
LIABILITY
EXCESS
WORKER'S
COMPENSATION
0 UMBRELLA
nnn
FOLLOWING.FORM
EXCESS LIABILITY
DETAILS OF PROGRAM
EXCESS OF
CST,urimFlrv Flnr110 non
.
LIMITS OF LIABILITY W.C.
G.L
AUTO
EXCESSW.
EXCESS
. nOSS
10,000,000.
NET
10,000,000.
POLICY PREMIUM
GROSS
2,5QO.
NET (of reins.)
MANUAL PREMIUMS MANUAL PREM. (IF APPLICABLE) EXP.MOD. SCHEDULE MOD.
2,500.
AUTO G. L.
w.e.
FINA'ICIAL GUARANTEES (AMOUNT AND HOW DETERMINED)
POLICY FORM ~
"S
STANDARD CONTROL PROGRAM
MANUSCRIPT
IH. O. APPROVAL)
,
UW.7JOa Ptil. In U.S.A.
Case 3:11-cv-01493-ST
'-!...AIM HANDLING PROGRAM
Document 1-1
INA)
Filed 12/09/11
Page 205 of 272
Page ID#:
(IF OTHER THAN NORMAL
_._-~ ... _._----------------------------225
I AUDIT I
PROGRAM
COMMENTS
QUOTED PRICE WAS A MATH ERROR, S~OULD HAVE BEEN $5,000., ot $2,500. n DELETE AIRCRAFT PRODUCTS EXCLUSION. HONORED OUR ERRONEOUS QUOTE.
RECEIVED O.K. TO
ATTACH
THE FOLLOWING
(IF APPLICABLE)
DCA. CEDED REINSURANCE
RECORD
B. CASH FLOW CHECK LIST
XXC.
EXCESS CODING
SHEET
D. THIRD PARTY TREATY E. LOSS DEVELOPMENT F. PRICING WORKSHEET
CODING FORM AND CLAIM !:lANDlING
G. FINAL PROPOSAL I. CAPTIVE REINSURANCE AGREEMENT
J. PAID LOSS RETRO K. SUPPLEMENTARY
AGREEMENT DIVIDEND NOTICE
SIGNATU~E
(CASUALTY
and/or
ACCOUNT
DATE
ADDITIONAL COMMENTS NOT COVERED A
01-06-81
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 226
Page 206 of 272

\
Page ID#:
-
NAMED OF INSURED
IN'"
")DRESS
CASUALTY ACCOUNT SUMMARY

BRANCH OFFICE
Wacker 7200
PRODUCER
Chemical
Co. OR 97203 Portland,
Seattle
UNDf,WRITER
N.W. Front Ave. , Portland,

&<
(;ene Sprout Oregon

(3)
CITY
Roll i.n Burdick s

POLlCY(S) (\) NUMBER
Hunter
(2)
of Oregon
XBC 152:'45 1-1-81/82
EFFECTIVE (1)
(4)
C2t
(3)
DESCRIPTION OF RISK
(4l
MANUFACTURES
PURE
SILICON
WAFERS
COVERAGES
0 0
AUTOMOBILE
o
"in() n()n
WORKER'S
COMPENSATION
o
UMBRELLA
GENERAL
LIABILITY
EXCESS WORKER'S
COMPENSATION
[Xl
FOLLOWING-FORM
EXCESS LIABILITY
DETAILS OF PROGRAM
EXCESS OF
CST nrim::lrv ::Inrin 1
nnn. 000 U~'w",'1 a
LIMITS
OF LIABILITY AUTO EXCESSW. C. EXCESS
w.e .
G.L.
..iROSS
10,000,000. NET 10,000,000.

POLICY PREMIUM
GROSS
2,500. NET
(of reins.)
MANUAL MANUAL PREM. PREMIUMS (IF APPLICABLE) EXP. MOD. SCHEDULE MOD.
2,500.
AUTO
G. L.
w.e.
FINANCIAL GUARANTEES (AMOUNT AND HOW DETERMINED)
POLICY FORM ~STANDARD
, ass
CONTROL PROGRAM
MANUSCRIPT
(H. O. APPROVAL!
'.,
'
..
UW.7J08 Ptd. in U.S.A.
Case 3:11-cv-01493-ST
.
c:LA1M HANDLING PROGRAM (IF OTHER THAN
Document 1-1
NORMAL INA)
Filed 12/09/11 227
Page 207 of 272
Page ID#:
--_
t\UOIT
..
_-----------------
--------_._-
PROGRAM
COMMENTS
QUOTED PRICE WAS A MATH ERROR, DELETE AIRCRAFT PRODUCTS
SHOULD ~~VE BEEN 55,000., not 32,500. HONORED OUR ERRONEOUS QUOTE.
RECEIVED
O.K. TO
EXCLUSION.
ATTACH
THE FOLLOWING
(IF APPLICABLE)
XXA. CEDED REINSURANCE
RECORD
B. CASH FLOW CHECK
LIST
XXC. EXCESS CODING
SHEET
D. THIRD
PARTY TREATY
CODING
FORM
E. LOSS DEVELOPMENT
AND CLAIM
HANDLING
F. PRICING WORKSHEET
G. FINAL
PROPOSAL
I.
CAPTIVE
REINSURANCE
AGREEMENT
J. PAID LOSS RETRO AGREEMENT
K. SUPPLEMENTARY
DIVIDEND
NOTICE
I I
SIGNATU
RE (CASUALTY
and/or
ACCOUN
DATE
01-06-81
ADDITIONAL COMMENTS NOT COVERED
Case 3:11-cv-01493-ST
Document 1-1
INSUFt6I\ICE COMPANY OF NORTH AMERICA
Filed 12/09/11 228

II\'
Page 208 of 272
Page ID#:
INI\
I AGENCY
NAME ,E OF INSURED
CODING AND INSTRUCnON

(EXCESS INSURANCE!
SHEET
RENt
OR IN liEu
Of
I
Corp.
I POLICY NO
X
COMM
I~
POLIOE S ONl V' 'I
,
i ,
HEW
NUMBER
Be 152145
RATE lSI M ___ % COMB POLICY PERIOD
lliSU'l Burd:1ek Bunter of Or_on :Wacker Chem cal Company and Wacker SUtron:1e 1
I ADDRESS
I OF INSURED
136018
OvER 1ST M
10
0,;,
FROM
01-01-81
To~Ol-a2 RE.RATlNG'
SUBJECT TO ANNUAL
~7200 R.W.
'A UD'TO
Front Avenue~ Port1.aDd, Oregon

AN UAl
97203
~YES
TO"
A
02.. :JUU.
SoMI.ANNUAL
o
OF S
OUARTERl Y
o
IBII IS
MONTHLY AND/OR S PREMIUM
0"0
EXPIRATION
NOT SUBJECT
I LIMITS DATA>
]0,000,000.
S
(SINGLE LIMIT! OR > ADVANCE PREMIUM PREMIUM PAYMENT
W.DI
! TCTAl
POLICY PREMIUM:
!0
INTERIM AUDIT BASIS DEPOSIT. liND AMOUNTS
PLAN INITIAL INSTALLMENT
e
L
o
N
T01Al
; ~ D\![- DA!ES
OF REMAINING
INSTALLMeNTS
..
: INDUSTRY ORIENTED CODE (CIRCLE ONE):
H
-
I J
0_-
_.
o (p)
0 R
S T
Z
DESIGNATION (
CATASTROPHE SOUSE COUNTER. S'GNAHJRE PROCEDuPE STATE INDUSTRY IS SiATE FILING RE. OUIRED B! S AUTOMOBILE PD S CODE-PRE:MIUM DIVISION GENERAL LIABILITY PO S
PZ
W.C
)
I
GENERAL LIABILITY B1 S
>
PO
EL
EL
100.
36
c
300.
600.
1500.
:..
AVIATION EXPOSURE lIND PREMIUM EXCLUDED
0 [Xl
KNOWN EXPOSURE
_____ ______ ______
SHORi ANNUAl 3 YEAR
TERM ___ S
LINE 51
CLASS 82
INCL G6
PASS
EXCL R6 OWNED
NO KNOWN EXPOSURE
___ ~ G.L UNDERLYING

;11
51
B2
G7
R7
N.OWN. , I
I
COVERAGE'
IENTRIES NOT REQUIRED FOR XOTI LIMITS
(2)
rAUTOMOBiLE
I
I
LIABILITY -UNOERL YING
GENERAL LIABILITY la' ACTUAL LIMITS SPLIT LIMITS BI PD.
UNDERLYING
.S.:...
10~000.OOO. CSL
PE
SINGLE LIMIT
10~OOO.000.
i3l CODE
(hi REQUIRED LIMITS

SPLIT lIMlTS
j
B.1. PD
.I
I
AND EXCESS RATING lENTRIES !'"aUIRED PREMIUM MilLION
SINGLE LIMIT ONLY IN 16\ FOR XOTI
C.
GENERAL LIABILITY .'BASIC" '11 1ST MILllON
"DIFFERENCE" lSi
N.A.
____ IDROP DOWN MIN PREM
12' ORO? DOWN MANUAL

t31 ,~I Gl EXCESS MAN. JUDGMENT PFlEM
,s~ MILUOf'.:
______ 0,<1
MODIFIER CHARGED %
15) INA POLICY I~; EXCESS OF PRIMARY
0 OTHER
ex
MIN PBEM
161 GL ANNUAL PREMIUM
1ST MILLION
ilo~ED
210.
MIN. PREM 6TH MILLION 71h 81H 9TH 10TH ADDITIONAL MilLIONS. PREMIUM 1'1 UNDERI YING CONCUR!\ENI (6) SIC ___ I\SI ~ [XnPTlON. , INSERT NO I
flO:210. 210. 210. 210.

PER MM
CHARGED
3R:;
5r~
210. 210. 210.

ALL PREMIUM ENTR'ES-% ENTRY IS %
, "O,i'-ANNUAlIZE
or 151 MILLION "DIFFERENCE"
PER MM
.:J
REMARKS IENTRIES NOT REQUIRED ~'ZE CODE __
FOR XOTi
_
XX
1"101
1"101
xx
sRY""
_
lYESI
INOI
'21 FACULT ATIVE REINSURANCE' 131 PRODUCTS COVERAGE' ,.:.: UNDERLYING CARRIER
(71 DESIGNATION
DOWNGRADED UNCHANGEDrn
..-XX- IYESI
rNA OR
D.UPGflAOED 0
e9
OTHER INAME BELOWI
SERVICE OFFiCE SIO NUMBER
SEATTLE
1
I
I i
VAI'.IaUS
:-2324g PTD. IN U.S.A
5AB
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 229
Page 209 of 272
Page ID#:
IN~
o'
COt
; AND INSTRUCTION SHEET SUPPLEMENT EXCESS AUTOMOBILE INSURANCE 1 POLICY NO.
,ajor Industry
Classification
Group Cace
XBC 152145
3. Underlying AutomObile Policy Limits Code (No Entry.forXOTI
EL
3
Automobile Liability "Basic" and Excess Rating
a) 1st Million "Difference" Premium
S _N_"_A_. $ $ X
(No Entry for XOT) (No Entry for XOT) (No Entry for XOT) (No Entry for XOT)
b) Drop Down Premium 1st Million c) ExcessManual Premium 1st Million d) Judgment Modifier
e) Annual Premium Charged (Only "Charged" entries for XOT)

CHARGED 1s: :-"dLLlON 2nc
3re %
MIN. PREMIUM
6th MILLION 7th
40
CHARGED
MIN. PREMIUM
40
40
40
40.
40.
8Th
9th 10th ADDITIONAL MILLIONS, INSERT NO. (
40.
40 ____4~(.L-PER MM
PREMIUM
40
PER
MM
NOTE - ANNUALIZE 5. "A POLICY
ALL PREMIUM ENTRIES.
% ENTRY IS % OF 1st MILLION OTHER ~ (NO ENTRY
"DIFFERENCE" FOR XOT)
IS EXCESS OF PRIMARY Carrier:
6. CA Underlying
INAO,
Other
Name of Carrier:
_-'VuAR-...I..",O""'U~S'__
. ,38 Ptd. In U.S.A.
SERVICE OFFICE COpy
Case 3:11-cv-01493-ST
RA,
Document 1-1
.,
Filed 12/09/11 230 EXCESS
Page 210 of 272

\
Page ID#:
JG AND
POLICYWRITING
INSTRUCTIG.
}
J
NA.'I.1E
~;c{
~.
QUOTE POLICY
ISSUE
it
ADDRESS
POLICY TERM
X& J!.>?"/l/ J /-/-fllf"i-
ACENT/BROKER ADDRESS .
~(k~
p~
REQUIRED
I.L....L: t(!)~
( () ~
cowrrSSION
/6"1e
S/O
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S-613
EXCESS
RATING
0
POLICY ISSUANCE
FORM
if
FORM
Umbrella Policy Jacket -XBC Declarations Nelia Exclusion Premium Computation Endorsement Schedule of Underlvin Insurance Property Damage Exclusion BF PD - Includin~ c/o BF PD - Excludin c/o Individual Insured Endorsement Certificate Declarations Certificate - Terms Coding & Instruction Sheet Coding Supplement - Auto Ceded Reinsurance Record Aviation Products Exclusion /Timberlands Endorsement Casualty Account Summary iff COPIES V
GL-l19 LC-1370a LC-lOl2 LC-746e
POLICY 1
& DISTRIBUTION
GL-176 GL-120a .. 7
L
I -,
~,
_82
LC-1183-1 C-2324 LD-7l38 UW-5C83a
........~
V/L
V-
/
~
Insured ProducerB/O FCC-Registration FCC-Audit Reinsurer Extra FCC-NY-Reinsurance
il
i;/-TttJ?
LIMITS AND PREMIUM Policy Limit /~,p"!? Drop Down ,tV.A. Premium Bas is 7:...:t-.
.<. S'""P1'
'
~1inimum Premium Retained Premium
''.J-01J .
7>:p
.
SPECIAL INSRUCTIONS Replaces CN # Immediate Billing 0 30 Day' Billing 0 Return file to Underwriter Prepare diary Other
.
I -
m-:-
- J.P. JAN 6 1981

JAN 07
Underwriter
,~
1931)jj5
--J.M. JAN A 1981 Exhibit 08 Page 210 of 272
I. P_
JAN
7 1981
PRODUCER'S CODE
Case 3:11-cv-01493-ST Document 1-1 __ _ 12/09/11 Y_N.U_M: Filed Page 211 of 272 ...Tlr3c.<;1""7'I\NUONu8.1~' Page ID#: .r N",ME AND LOCATION .. }x. 9-U 1_"' . ~IoJll~t:.:~tek, llat:er of ~ 231 . yl_UU_'" _t"U_L..",.,- ...... Hev LX Mrt~ __ ..';D,
.. "'lifO
"'c...'4.1 )
0 .
"If r"" pO"''r~'fiT'NG I"( L.ANO
COVERAGE PROVIDED IN COMPANY DESIGNATED BY NUMBER
QI FIREMAN'S FUND 18 .THE AMERICAN 07 NATIONAL SURETY
DEC 3 1 1981
f & SR DEPT.
..
> r >
I
ITEM 2.
1/1/82
1/1/83
AGENT PLEASE SHOW RATE OF COMMISSION
INCEPTION (MO. CAY YR.) EXPIRATION (MO. DAY YR.) 12;Ot A.M., STANDARD TIME AT THE ADDRESS OF THE NAM~D INSURED AS STATED HEREIN.
~I /SCJ"
COMM.
c o
$ $
ITEM 4.
EACH OCCURRENCE AGGREGATE
EACH OCCURRENCE AGGREGATE
ITEM 5.
PREMIUM
BASIS
ITEM 6. ADVANCE PREMIUM: PREMIUM: $
Fla.tCharge
ANNUAL
MINIMUM
4.000. 4.000.
NOT LESS THAN
., THE EVENT OF CANCELLATION BY TH THE POLICY MINIMUM PREMIUM. '::M
400"
7. SCHEDULE
OF UNDERLYIN
OWING FOllM BLANKET EXCESS UABn.ITY POIJCY

The Company designated abo ,a stock insurance company, (herein called the Company) agrees with the insured, named in the declarations made a part hereof, in consi eration of the payment of premium and in reliance upon the statements in the declarations and subject to the limits of liability, exclusio ,conditions and other terms 01 this policy: policy shall in the event of reduction, apply as excess of the reduced limit of liability thereunder. Subject to the applicable limit of liabjV ity as respects each occurrence, the limit of liability stated in. th\. declarations as "aggregate" shall be the total limit of the Company's"., liability for all d=ages sustained during each annual period of this policy. 3. Policy .Period.This policy applies only to occurrences which take place during the policy period.
1. Coverage. To indemnify t Insured for the Insured's ultimate net loss in excess of the insur ce afforded under the Blanket Excess Liability or "Umbrella" po cies specified in Item 7 of the Declarations, hereafter called un erlying insurance, in full force and effect at the inception of this licy, provided that the insurance for injury to or destruction of operty under this policy and underlying policies shall not app except as respects injury to or destruction of corporeal property, cluding loss of use thereof. 2. Limit of Liability. he Company shall be liable only for the limit of liability stated n Item 3 of the Declarations in excess of the limit or limits of iclbility of the applicable underlying, insurance policy or polici all as stated in the declarations of this policy. The limit of th liability stated in the declarations as applicable to "each occ ence" shall be the total limit of the Company's liability for damages sustained. as the result of anyone occurrence, provi d, however, in the event of reduction or exhaustion of the appl'able aggregate limit or limits of liability under said underlying licy or policies solely by reason of losses paid there-ler on account of occurrences during this policy period, this (Continued
:>
DEFINITIONS
"Ultimate net loss" means all sums actually paid, or which the Insured is legally obligated to pay, as d=ages in settlement or satisfaction of claims or suits for which insurance is afforded by this policy, after proper deduction of all recoveries or salvage.
.. .,
I
CONDITIONS
1. Maintenance of Primary Insurance. The Insured warrants, and it is a condition of this policy, that at the inception of this policy, insurance afforded by the underlying policies of insurance (applyon Page Two)
COUNTERSIGNATURE OF AUTHORIZED AGENT
12/31/81 D/hw
BLANKET EXCESS LIABILiTY POIJCY
(FOLLOWING FORM) Exhibit A 5902-2-72 Page 211 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 232
Page 212 of 272

'.-
..
Page ID#:
..
AMENDATORY
ENDORSEMENT
LIMIT 0 F LIABI LI TY
End. Ii .
r-l -:-:IN-:-:S=-:u-:-;R::-:E:-::D,..-----------------------------,IPO;noL
IC;::Y~NiliU'MMiiOB:<=ERR-----------,
"ackt::r Sil tronlc

PRODUCER [
\.-G.
.~~T":~ 0;: 24 137

EFFECTIVE DATE
:;,,011ilI8 'vurJic~
~< ,.Li.ute:c of OR
lIlt.;;. Insuring Agreement 2,
In consideration of the premium charged, it: is agreed Limit of Liability, is changed to read as follows: 2. Limit of Liability.
The Company shall be liable only for the limit of liability stated in Item 3 of the Declarations in excess of the limit or limits of liability of the applicable underlying insurance policy or policies all as stated in the declarations of this policy. The limit of the liability stated in the declarations as applicable to "each occurrence" shall be the total limit of the Company's liability for all damages sustained as the result of anyone occurrence, provided, however, in the event of reduction or exhaustion of the applicable aggregate limit or limits of liability under said underlying policy or policies solely by reason of losses paid thereunder on account of occurrences during this policy period, this policy shal.1 in the event of reduction, apply as excess of the reduced limit of liability thereunder. Subject to the applicable limit of liability as respects each occurrence, the limit of liability stated in the declarations as "aggregate" shall be the total limit of the Company1s liability for all damages sustained during each annual period of this policy because of (i) personal injury and property damage arising out of the completed operations hazard and products hazard, combined; or (ii) advertising whenever occurring by whatever media, on account of all occurrences; or (iii) injury arising out of any hazard, other than as described in (i) and (ii), to which the underlying policy affords coverage subject to an aggregate limit and to which this policy also applies.
All other
terms
and conditions
of the policy
remain
the same and unchanged.
ONEOFTHE
COUNTERSIGNATURE OFAUTHORIZED AGENT
fIREMAN'S
FUND INSURANCE COMPANIES

PRESIDENT lO.X
ASNAMED IN THEPOLICY
18000I-I -65
Case 3:11-cv-01493-ST ,
Document 1-1
I
reactas follow: WackerSiltronie
".
Corp.
--
Filed 12/09/11 233
Page 213 of 272
Page ID#:
'
-01;1.
to
1;"
It 18 hereby UD4fmJte04 aacl agree4l tht I~ wacker Chemical Co. (A Holding Co.) &
II, . IDauz'ed. is aseude4
iJ,;:~:~~~\o;_,~'~ :-'NQ
I"Ui,1 :....',;~J
IREI NSURANCE\
INSURED EFFECTIVE
APR 1 9 1982
E & SR UErJ
r.
POLICY NUMBER
XU
137 08 24
Wacker S11eroa1c
ONE OF THE
Co.
PRODUCER
4/13/82 1av
Kellin8 Bur4!ck BuIlter of Olt. PortlaDd
FIREMAN'S FUND INSURANCE

AS NAMED IN THE POLICY
COMPANIES
~A~NT
10.X
180009-6-65 SETS
~f'Y.~~.r-.,'
;::,'
1:
,-(.
i~
"
..
,;
Case 3:11-cv-01493-ST
1/
NAME: :,oCATION: OPERATIONS:
(j
Document 1-1
/M~
Date
Filed 12/09/11 234

E&SR
(FACULTATIVE)
Page 214 of 272
Page ID#:
.'-.--
SURPLUS 'CX3[jUTY.
TREATY
V'/,-~i<.(--o
(Describe
e....
{;.n.
!"~T'''YN~< T '- q..,... 9 , OJ\ J

Adequately)
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------------------------------------------
CATASTROPHE EXPOSURES:
AUTO FLEET
BREAKOOWN:
/;
Pc r
/
SALES-RECEIPTS: POLICY PERIOD (Original
12 V
/
ti-'v',
I
(/1;'';' :
Policy)
h' F)
PRIMARY: Company Coverage Limits Premium (Dr. Cr. __ )
I'.J..; ] ~.1.
EXCESS: Coverage Limits

(
Premium {,((/., .,
" ".
REINSURANCE
UNCZRWRITER:
QUOTE:
XS POLICY Send copy
L.::f?'.PP ROVED
NO.: to H.O. when
U
1'3)
DECLINED
BOUND:
(Date) DATE:
Ir/IL
U
01;;'5(
policy issued.
EXPIRATION
I,d,d:?
RENEWAL
original
PARTICIPATIONS:
Fund
ABA
MU OTHER REINSURERS:
Case 3:11-cv-01493-ST
Document 1-1
'-
"
TO
Filed 12/09/11 235

l:":~-'~~
, I
Page 215 of 272

" '..'.:., . !.' .. ~
Page ID#:
.:-.'~DIItfr.oiI:w..w~~u:.,;:,
r'>c,
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.. . "
Roll.i.'i",,~Burdick Hunter of Oregon, Inc.

200 Market Building, Portland, Oregon 97201 (503) 224-9700 formerly Cole, Clark & Cunningham, Inc.
SUBJECT:
~FOLD
Wacker Siltronic Corp.

Lynn:
XLX 137 08 24
DATE:
4-13-82
Please amend the named insured to Wacker Chemical Co. (A Holding CQ.) and Wacker Siltronic Corp. This is how it reads on the other insurance contracts.
Thank-you,
--------~-_:_-.
----J."'--'-__ .-
~.
. UJt.L?N-
L~'1'~ tlrJ~~cP~-7= p" I / () .f ~

0 /
-1.J~I'/I-:;V;::-.-------_
Bobbi Willis
j)~j!t7r
UNDE:r\wniT;~;3
PORTL.c,ND
---..J,.
APR 14 1982
E & SR Del-i.
SIGNED
~
DATE
~NS6UBDKJ<.
~!"':"1" . ._.-t.. ~
, 1,<,".,'. '.
HUI'(fEI{
;,
"
,~
Case 3:11-cv-01493-ST
Document 1-1
'.
Filed 12/09/11
NO. 8
Page 216 of 272
Page ID#:
236 ENOORSEMENT
\-
IT IS UNDERSTOOD AND AGREED THE FOLLOWING IS SCHEDULE OF UNDERLYING INSURANCES:
ADDED TO THE
NURSE'S
MALPRACTICE PAMELA T.
$300,000./900,000.
SCHNELLINGER)
(AS RESPECTS
All o.her
terms and condilions
remain is:
unchanged
Effeclive dole of .his endorsemenl Allached Issued

10: 10
1982
o
Xl
INSURANCE CO. INSURANCE COMPANY
and forming
porI of No.
C. V. STARR & CO.
Dolp.tl.
APRIL
lIn'
5,
1982
ENDT.
#8
az"7A
("EV.
Case 3:11-cv-01493-ST
,
Document 1-1
~.
Filed 12/09/11
Page 217 of 272

/."
Page ID#:
1, 1982
S}a:fEDUL'E OF UNDERLYING 237
INSURAI)I!;E . Eff.
AMENDED
JANUARY
ArtachedtoandFormingPartofPoli~y~I~.J. lssued To WACKER CHEMICAL Type of Policy Or Coverage Comprehensive Liability General
6582-8981
CO.,
uate
ET
AL Limits of Liability
$ -$ $
Property
each person each occurrence aggregate Damage Liability each occurrence aggregate
$ $
$ 1,000,000.
Automobile Liability Bodily Injury
$ $
Property Damage
$ --
each occurrence
$ 1,000,000.
Employers Liability Coverage and Employers Liability
$
100 ,000.
each accident
Primary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau Personal Injury =ire Legal Liability
Yes
No
!Xl
1Xl
00 [XI [XI
o o [XJ o o o
Blanket ContractuarLiability "X.C.U." Hazards Incidental ~~~alpractice Water Craft Liability Non-Owned Employees As Additional Assureds Employee Benefits Liability Other Host Liabili ty
C.V. STARR & Underwriting
Yes IX]
IX! !Xl IXJ

[X]
EXJ !XI
o o o o o o o
No
co.
--
By
/
Managen
, Case
3:11-cv-01493-ST
..
Document 1-1
I]l GRANITEC~ATE "-'-'
INSURANC~OMPANY NEW HAMPSHIRE INSURANCE COMPANY

\::",
'
Filed 12/09/11 238
Page 218 of 272
Page ID#:
c. V. STARR
SEATTLE PORTLAND
&
CO.
CHICAGO
SAN FRANCISCO LOS ANGELES

In consideration of the payment of ,the premium, and in reliance upon the statements in the Declarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the assured named in the Declarations and/or subsidiary, associated, affiliated companies or owned "and controlled companies as now or hereafter constituted and of which prompt notice has been given to the company.
INSURING AGREEMENTS
1. COVERAGE.The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the Assured shall be obligated to pay by reason of the liability (a) Imposed upon the Assured bylaw, or (b) Assumed under contract or agreement by the Named Assured and/or any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, for damages, direct or consequential, and expenses, all as more fully defined by the ter.m"ultimate net loss" on account of: (i) Personal injuries including (ii) Property Damage, Oiij Advertising liability, used by or arising out of each occurrence happening anywhere in the world. death at any time resulting therefrom,
II. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss, the excess of either. (a) The limits of the underlying insurances as set out in the schedule in respect of each occurrence covered by said underlying insurances, or (b) the amount as set out in the declarations as the self-:insured retention in respect of each occurrence not covered by said underlying insurances, (hereinafter called the "Underlying Limits''): and then only up to a further sum as stated in Item 3(a) ofthe Declarations in all in respect of each"occurrence, subject to a limit as stated in Item 3(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Assured. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurances by reason of losses paid ther.eunder, this policy shall (1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance, subject to all the terms and conditions of this policy. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's limit of liability. III. SUPPLEMENTAL DEFENSE. It is agreed that with respect to any occurrence covered only by the terms and conditions of this policy except for the amount of the self-insured retention as stated in Item 3(c) of the Declarations the Company shall: (a) defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking damages on account thereof, even if such suit is Qroundless, false, or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required ofthe Assured in the event of accident or traffic law violation during the policy period, but without any obligation to apply for or furnish any such bond; . (c) pay all expenses incurred by the Company, all costs taxed against the Assured in any such suit and all interest accruing after entry of judgment until 'the Company has paid, or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; Exhibit A
CVS 1115 REV 6/80
Page 1
Page 218 of 272
Case 3:11-cv-01493-ST Document 1-1 Filed 12/09/11 but shall not be payable in addition included in the Ultimate Net Loss in computing the limit of the Company's liabi,lity Page 219 of 272 Page ID#: to the l,imit of the Company's liability~ct<;hall not be included in the self-insure~,..."tion. . 239
J ,,-J - .._---_ -
--"'r-'-"J'
. ,.....
IV. Insuring Agreements I, II, an~. __~II cease~o apply' after the a;Plicable exhausted by payment of judgments or settlements.
IirM~"
,ne Company's liability has been
THIS POLICY IS SUBJECT TO THE FOLLOWING
DEFINITIONS:
1. ASSURED. The unqualified word "Assured", wherever used in this policy, includes not only the Named Assured Jt also (a) any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, and any organization or proprietor with respect to real estate management for the Named Assured; (b) any person, organization, trustee or estate to whom the Named Assured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, but only in respect of operations byor on behalf of the Named Assured or of facilities of the Named Assured or used by them; (c) any additional assured (not being the Named Assured under this policy) included in the Underlying Insurances, subject to the provisions in Condition B; but not for broader coverage than is available to such additional Assured under any underlying insurances as set out in attached Schedule; (d) with respect to any automobile owned by the Named Assured or hired for use in behalf of the Named Assured, orto any aircraft owned by or hired for use in behalf of the Named Assured, any person while using such automobile or aircraft and any person or organization legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission ofthe NamedAssured .. he insurance extended by this sub-division (d), T with respect to any person or organization other than the Named Assured, shall not apply(i) to any person or organization, orto any agent or employee thereof, operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; (ii) to any manufacturer of aircraft, aircraft engines or aviation accessories, or any aviation sales or service or repair organization or airport hangar operator or their respective employees or agents with respect to any occurrence arising out of the operation thereof; (iii) with respect to any hired automobile or aircraft, to the owner thereof or any employee of such owner. This subdivision (d) shall not apply if it restricts the insurance granted under sub-division (c) above. 2. PERSONAL INJURIES. The term "Personal Injuries" wherever used herein means bodily injury, mental injury, mental anguish, shock, sickness, disease, disability, false arrest, false imprisonment, wrongful eviction, detention, malicious prosecution, humiliation, also libel, slander or defamation of character or invasion of rights of privacy, except that which arises out of any Advertising activities. 3. PROPERTY DAMAGE. The term "Property Damage" wherever used shall mean (1) physical injury to or de.ruction of tangible property, which occurs during the policy period, including loss of use thereof at any time resulting therefrom; or (2) loss of use of tangible property, which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 4. ADVERTISING LIABILITY. The term "Advertising Liability" wherever used herein shall "mean: (a) Ubel, slander or defamation; (b) Any infringement of copyright or of title or of slogan; (c) Piracy or unfair competition or idea misappropriation (d) Any invasion of right of privacy; under an implied contract; publicity article, broadcast or telecast and
committed or alleged to have been committed in any advertisement, arising out of the Named Assured's Advertising activities.
5. OCCURRENCE. The term "Occurrence" wherever used herein shall mean an accident, or a happening, or event, or a continuous or repeated exposure to conditions which unexpectedly and unintentionally results in personal i6jury, property damaQe or advertisinQ liability during the policy period. All such exposure to substantially the same general conditions existing at or emanating from one premises location shall be deemed one occurrence.
6. ULTIMATE NET LOSS. The term "Ultimate Net Loss" shall mean the total sum which the Assured, or any company as his insurer, or both, become obligated to pay by reason of personal injury, property damage or advertising liability claims, either through adjudication or compromise, and shall also include hospital, medical and funeral charges, and all sums paid as salaries, wages, compensations, fees, charges and law costs, premiums on attachment or appeal bonds; interest, expenses for doctors, lawyers, nurses, investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of the Assured's or of any underlying insurer's permanent exployees.
The Company shall not be liable for expenses as aforesaid when such expenses are included collectible insurance. 7. AUTOMOBILE. trailer. in other valid and
The term "Automobile", wherever used herein, shall mean a land motor vehicle, trailer or semi-
8. AIRCRAFT. The term "Aircraft", wherever used herein, shall mean any heavier than air or lighter than air aircraft ..Jesigned to transport persons or property. 9. PRODUCTS LIABILITY. The term "Products Liability" means: (a) Liability arising out of goods or products manufactured, sold, handled, or distributed by the Named Assured or by others trading under his name ifthe occurrence occurs after possession of such goods or products has been relinPage 2
Case 3:11-cv-01493-ST
'M4mberiOf
Document 1-1
Filed 12/09/11 240
Page 220 of 272
Page ID#:
~. _ ..
" -4
filGRA!"TE 'STATE' .0 NEW HAMPSHIRE

., MANCHESTER,
lNSUR;(~CE INSURANCE
NEW HAMPSHIRE
COMPANY' COMPANY
C. V. STARR & CO.

UNDERWRITING
MANAGERS
PORTLAND CHICAGO
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS Renews
6_5_8_1_-_8_0_2_8
Policy Number
6582AND
8987
ITEM Ha) Named Assured: (b). Address of Named Assured:
WACKER CHEMICAL CO. (A HOLDING CO.) WACKER SILTRONIC CORP. P. O. BOX 03180 PORTLAND, OREGON 97203
This Declaration page, with policy provisions and endorsements, if any, issued to form a part thereof, completes the above numbered Umbrella Liability Policy. ITEM 2 Policy Period: From JANUARY 1, 1982 To JANUARY 1, 1983 (12:01) A.M. Standard Time at the Address of the Named Assured Stated Above. Limit of Liabil.ity - as Insuring Agreement II. (a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self Insured Retention ITEM 4 ITEM 5 ITEM 6 ITEM 7 $ 5,000,000.
ITEM 3
$ 5,000,000.
$ 10,000. SAN FRANCISCO, CA 94111
Notice of Occurrence (Condition G) to: C.V. Starr & Co. , THREE EMBARCADERO CENTER Currency (Condition Q): U.S. Dollars Payment of Premium (Condition Q) to: C.V. Starr & Co. , Premium Computation: Rating Basis
THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94111

Rate
Estimated Exposure
Estimated Premium
FLAT
fllepmsilt Prem ium $. 3,500.00 Minimum Premium
$
Audit Period
$ 3,500.00
NONE
JANUARY 26, EF'R/BLS
1982
c..v. STARR
CVS 1116
&
co. Exhibit A Page 220 of 272
Underwriting Manegen
Case 3:11-cv-01493-ST
:ta~hed to and Forming Part of Policy N'6. iued To WACKER CHEMICAL CO., Type of Policy Or Coverage )mprehensiveGeneral ability
Document 1-1 . '.,

'6582-8987
ET AL
Filed 12/09/11
Page 221 of 272 f[: '

D'i:l .. c:
Page ID#:
1982
241 sq.:!J~>-()ULE OF UNDERLYING ( /. '-',
I~SURANCE~
JANUARY 1,
Limits of Liability
Bodily Injury Liability $ $ $ each person each occurrence aggregate
$ 1,000,000.
utomobile Liability Bodily Injury $ $ Property Damage $ -each occurrence each person each occurrence
Combined Single Limit $ 1,000,000. mpJoyers Liability Coverage and Employers Liabil ity $ 1iscellaneous Liability
100,000.
each accident
'rimary Coverage Provides: Products/Completed Operations Broad Form Property Damage 1I0yds Bureau 'sonal Injury e Legal Liability
Yes
No
IX] !Xl
!Xl
o
o
!Xl
Yes,
No
o
[Xl [XI
o o
Blanket Contractual Liability "KC.U." Hazards Errors and Ommissions/Malpractice Water Craft Liability Non-owned Employees As Additional Assureds Employee Benefits Liability Other Host Liquor Liability
C.V. STARR 81CO. Underwriting Managers
IX] !Xl
o
o
!Xl
0
!Xl !Xl
0 [XJ
,
o [Xl o
/
By
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 Page 222 of 272 242 ENDORSEMENT NO. 1
Page ID#:
IT
IS
HEREBY UNDERSTOOD AND AGREED THAT WACKER CHEMIE AND ARE ADDED AS AN ADDITIONAL ASSURED AS
WACKER CHEMITRONIC THEIR ITS INTEREST
APPEARS IN WACKER SILTRONIC
CORPORATION AND
HOLDING COMPANY WACKER CHEMICAL COMPANY, BUT NOT FOR AVAILABLE TO SUCH ADDITIONAL
BROADER COVERAGE THAN IS
ASSURED UNDER ANY UNDERLYING INSURANCES.
All other
terms and conditions
remain is:
unchanged
Effective date of this endorsement Attached - 'vedto: to and forming
1982
port of No.
Xl GRANITE STATE INSURANCE COMPANY
DOh!d.
JAN.
26, 1982
ENDT.
#1
By
Case 3:11-cv-01493-ST
Document 1-1
Page 223 of 272
Page ID#:
IT IS UNDERSTOOD TO LIABILITY
AND AGREED
THAT THIS POLICY
SHALL NOT APPLY
OF ESK CORPORATION.
remain unchanged is:
Effective dale of Ihis endorsemenl A"ached

10
JANUARY .1, 1982
and forming parI of No.
6582-8987
CO.,
ET AL
~
ex GRANITE
u.
.,ed
10:
WACKER CHEMICAL
. c. V. STARR
& CO.
Dalf!c1.
JAR.
26, 1982
. ENDT. #2
By--L4-_- WrJ~=v
P, ~.'
nderwr.
;t;r'~"
tf7JfkUXj
n
j\ C
Case 3:11-cv-01493-ST
o
0
Document 1-1
'eNDORSEMENT
Filed 12/09/11 244

NO. 3
Page 224 of 272
Page ID#:
FOLLOWING FORM CARE,
CUSTODY OR CONTROL
EXCEPT INSOFAR AS COVERAGE IS AVAILABLE INSURANCES
TO THE ASSURED IN THE UNDERLYING THIS POLICY SHALL NOT
AS SET OUT IN THE ATTACHED SCHEDULE,
APPLY TO LIABILITY
OF THE ASSURED FOR LOSS OR DAMAGE TO PROPERTY OF CUSTODY OR CONTROL OF THE -ASSURED.
OTHERS WHILE IN THE CARE,
All other lerms and condilions
remain unchanged is:
Effective dole of Ihis endorsemenl Allached

10
JANUARY1, 6582-8987
CO., ET AL
1982
and forming port of No .
gl GRANITE STATE INSURANCE COMPANY
. -'Jed
10:
WACKER CHEMICAL
c. V. STARR
& CO.
JAN. 26,
U'.l'A (
1982
ENDT. #3
/
cv. tin)
..
Case 3:11-cv-01493-ST
Document 1-1
Page 225 of 272
Page ID#:
CANCELLATION
ALL OTHERS
IT
IS
HEREBY UNDERSTOOD. AND AGREED THAT, THECOMP ANY SHALL PROVIDE
EXCEPT FOR NONPAYMENT OF ANY DAYS NOTICE
PREMIUM,
. SIXTY . ( 60)
IN THE EVENT OF CANCELLATION.
All other terms and conoitians remain unchanged Effective dote of this endorsement is: Anached 10 and forming part of No.
1982
o
gI.
''Sued 10:
Doted.
JAN.
26,
1982
ENDT. #4
Case 3:11-cv-01493-ST
;;
Document 1-1
,. ....
,~-,
Page 226 of 272
Page ID#:
"PAY ON BEHALF OF" ENDORSEMENT:
IT
IS
UNDERSTOOD AND AGREED THAT SECTION AGREEMENTS, IS
1,
COVERAGE, OF
INSURING 1.
AMENDED TO READ AS FOLLOWS: ACCORDING TO THE HERE-
COVERAGE..
TERMS AND CONDITIONS INAFTER MENTIONED,
TO THE LIMITATIONS
TO PAY ON BEHALF OF THE ASSURED FOR
ALL SUMS WHICH THE ASSURED SHALL BE OBLIGATED TO PAY BY REASON OF THE LIABILITY
All
other terms ond conditions
remain unchanged
EHeclive dote of this endar.sement
is:
JANUARY 1,
G582 8 9 87
1982
NEW HAMPSHIRE INSURANCE CO. INSURANCE COMPANY
Anached to and farming
port of No.
XX.GRANITESTATE
'd
10:
ET AL
c. V. STARR
& CO. Underwriting Mana
Doled.
JAN. 26, 1982

t/'7et
ENDT.
is
un'7"
I"cv.
Case 3:11-cv-01493-ST
, ,
Document 1-1
..
;
i~
\ ......./
'~NDORSEMENT
Filed 12/09/11 247

NO. 6
Page 227 of 272
Page ID#: . .'
FOLLOWING FORM ENDORSEMENT
NOTWITHSTANDING IS
ANYTHING CONTAINED HEREIN
TO THE CONTRARYI IT
HEREBY UNDERSTOOD AND AGREED THAT WHERE SCHEDULED UNDERLYING WRITTEN UNDER TERMS AND CONDITIONS PROVIDING GREATER
INSURANCE IS PROTECTION TIONS
OR INDEMNITY TO THE ASSURED THAN THE TERMS AND CONDIPOLICY

I
OF THIS
THIS
INSURANCE SHALL PAY ON BEHALF OF THE AND LIMITATIONS OF THE
ASSURED UPON THE SAME TERMS I CONDITIONS APPLICABLE EXISTS, TERMS, UNDERLYING INSURANCE,
BUT WHERE NO UNDERLYING INSURANCE
THIS
INSURANCE SHALL PAY ON BEHALF OF THE ASSURED UPON THE AND LIMITATIONS OF THE ATTACHED "UMBRELLA" FORM.
CONDITIONS
All other terms and conditions remain unchanged Effective date of this endorsement A"oched
I~ 10:
10
is:
1982
o
o
and forming parI of No ..
c. V. STARR
& CO..
Do/"d.
JAN.
t/'7.J
26,
1982
ENDT.
16
U19YA
htev.
Case 3:11-cv-01493-ST
if.,-
Document 1-1
~ \.
ENDORSEMENT
Filed 12/09/11 248

NO.
Page 228 of 272

7
(
Page ID#:
F'
..
IT
IS
UNDERSTOOD IS
AND AGREED IN ITS
EXCLUSION ENTIRETY.
"G"
(AIRCRAFT
PRODUCTS)
DELETED
All other lerms and condilions remain unchanged
Effective dole of Ihisendorsemenl Attached 'ued t~

10
is;JANUARY 6582-8987 CO. ,ET
1,
1982
o o
and forming port of No.
WACKER CHEMICAL
AL
Datf!ff.
JAN.
26,
1982
ENDT.
17
Case to otners by the Named Assured or by others trading in his name, and such occurrence occurs away qUl'snea3:11-cv-01493-ST Document 1-1 Filed 12/09/11 Pageif229 of 272 Page ID#: , from premi7es owned, rente~r controlled by the. Nam~d Assufed; prc5v~ such goods or products shall be' 249 deemed to Include any cont:' '. 'ereof, other than a vehicle, but shall ncr.' ..... de any vending machine or any property, other than such Cdi ;(<1: J, rented to or located for use of others Dli~:;ot sold; l
(b) Uability arising out of operations, if the occurrence occurs after such operations have been completed or abandoned, and occurs away from premises owned, rented or controlled by the Named Assured; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph: (i) pick-up or delivery, except from or onto a railroad car, or unused materials. period of one year com(ii) the maintenance of vehicles owned or used byor on behalf of the Assured, (iii) the existence of tools, un installed equipment and abandoned 10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive mencing from the inception date of this Policy.
11. AIRCRAFT PRODUCTS. "Aircraft Products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Assured or by others trading underthe Assured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and service~ and labor relating to aircraft products. 12. GROUNDING. "Grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more Aircraft from flight operations because of a like condition or suspicion thereof in two or more such Aircraft whether such aircraft so withdrawn are owned or operated by the same or different persons, firms or corporations. A grQunding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs.

This policy shall not apply:
EXCLUSIONS:
A. to any obligation for which the Assured or any company as its insurer may be held liable under any Workers' Compensation, unemployment compensation or disability benefits law provided, however, that this exclusion does not apply to liability of others assumed by the Named Assured under contract or agreement; 8. to claims made against the Assured: 1. 2. 3. for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof, nor for the cost of such repair or replacement; for the loss of use of any such defective product or products or part or parts thereof; for improper or inadequate performance, design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification; failure of performance of contract, but this shall not relate to claims for unauthorized appropriation based upon alleged breach of an implied contract; . of ideas
C. with respect to advertising activities, to claims made against the Assured for. 1. 2.
infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sare or advertised, but this shall not relate to titles of slogans; incorrect description of any article or commodity; mistake in advertised price;
3. 4.
D. except in respect to occurrences taking place in the United States of America, its territories or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of, damage to property by or under the order of any government or public or local authority; E. to any claim based upon the Assured's failure to comply with the federal "Employee Retirement Income Security Act of 1974", or any amendment thereto; F. to any claim for personal injury or property damage arising out of the discharge, dispersal, rele~s7 or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste matenals.othe~ Imtants',contaminants or pollutants into or upon lands, the atmosphere or any watercourse or bo.dy of water; but thiS exclUSion does not apply if such discharge, dispersal, release or escape IS sudden and aCCidental; . G. to any claim for personal injury or property damages arising out o~Air~raft Products an~/or all sums ~hic~ any assured shall become legally obligated to pay as damages resulting In or from grounding of any aircraft, H. to any liability arising out of the violation of any statute, '.aw,ordi.n'!ince or regulation proh~biting discrimination humiliation because of race, creed, sex, age, color, national Origin or sexual preference,
Page 4
or
Except to the extent that coverage is available to the Assured in the underlying insurances as set out in the attached
' 1\.",.
Iv'.""""""",
"'.'I~ a""I-J'Y . Case 3:11-cv-01493-ST

""""11'"'1 ,,;)IIQII flU\.
Document 1-1
,I.
t~ Ii~~ility of any Assure~ hereun.d~tlor assault and . liability for Personal InJUry or 'esultin~ from any act alleged to be as r .md battery committed for the purpose of preventing or elimin!:ni. _ Janger in the operation of aircraft, or for .'~;.:..wrposeof preventing personal injury or property damage; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above;
cr .. ~
Filed 12/09/11 Page 230 of 272 Page ID#: 250 battery committfjd by or attld .. i[ection of such Assured exc~pt
J. with respect to any aircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them: it being understood and agreed that this exclusion shalt not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; K. with respect to any watercraft owned by the Assured, while away from premises owned, rented or controlled by the Assured, except liabil ity of the Named Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above;
L to any employee with respect to injury to or the death of another employee of the same Employer injured in the
course of such employment. M. to punitive or exemplary damages awarded against any Assured.
NUCLEAR INCIDENT EXCLUSION CLAUSE LIABILITY 1.
DIRECT (BROAD)
THIS POLICY DOES NOT APPLY TO ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE: with respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or 3. resulting from the hazardous properties of nuclear material, if (a) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (ii) has been discharged or dispersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility. As used herein "hazardous properties" includes radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclearfacility included within the definition of nuclearfacility undersub-paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; 4. with respect to the liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the Canal Zone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising trom ionising radiations or contamination by radioactivity trom any nuclear tuel or trom any nuclear waste from the combustion of nuclear fuel.
2.
CONDITIONS
Exhibit to A PREMIUM. Unless otherwise provided for, the premium for this Policy is a flat premium and is not subject A adjustment except as provided in Conditions Band P. Page 230
of 272
. B. 'ADDITIONAL ~SSUREDS. In the event of additional assureds ,being added to the coverage under the Under251 lying Insurances dunng currenCyn.P"f. prompt notice.sh~1I be give!') to the C~"','\I hereon and, if an additional pre!- ' mlum has been charged for SUCh'...,.,) . .. ,n on the UnderlYing Insurances, the <k.. .. 1y shall be entitled to charge an appropriate additional premium hereon. , C. PRIOR INSURANCE NON CUMULATiON OF LIABILITY. It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy issued to the Assured priorto the inception date hereof, the limit of liability hereon as stated in Item 3 ofth~ Declarations shall be reduced by any amounts due to the Assured on account 'f such loss under such prior insurance. Jbjectto the foregoing paragraph and to all the other terms and conditions of this policy, in the event that personal injury ur property damage arising out of an occurrence covered hereunder is continuing at the time of termination of this policy, the Company wi II continue to protect the Assured for liability in respect of such occurrence without payment of additional premium. D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE. As regards personal injury (fatal or nonfatal) by occupational disease sustained by any employee of the Assured, this policy is subject to the same warranties, terms and conditions (except as regards the premium, the amount and limits of liability and the renewal agreement, if any) as are contained in or as may be added to the underlying insurances prior to the occurrence for which claim is made hereunder. E. INSPECTION AND AUDIT. The Company shall be permitted, but not obligated, to inspect the Assured's property and operations at any time. Neither the Company's right to make inspections, nor the making thereof, nor any report thereon shall constitute an undertaking on behalf of, orfor the benefit of, the Assured or others, to determine or warrant that such property or operations are safe and healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Assured's books and records at any time during the policy period and extensions thereof, and within three years after the final termination of this policy or within one year after final settlement of all claims arising out of personal injury or property damage which occur durin9 the period of this policy as far as they relate to the subject matter of this insurance. F. CROSS LIABILITY. In the event of claims being made by reason of personal injuries, suffered by any employee or employees of one Assured hereunder, for which another Assured hereunder is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder, for which another Assured is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement II. G. NOTICE OF OCCURRENCE. Whenever the Assured has information from which the Assured may reasonabconclude that an occurrence covered hereunder involves injuries or damages, which, in the event that the Assured lould be held liable, is likely to involve this Policy, notice shall be sentas stated in Item 4 ofthe declarations as soon .:IS practicable, provided, however, that failure to give notice of any occurrence which, at the time of its happening, did not appear to involve this policy but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. H. ASSISTANCE AND CO-OPERATION. The Company shall not be called upon toassume charge of the settlement or defense of any claim made, or suit brought, or proceeding instituted against the Assured, but the Company shall have the right and shall be given the opportunity to associate with the Assured orthe Assured's underlying insurers, or both, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company; in which event the Assured and the Company shall cooperate in all things in the defense of such claim, suit or proceeding. I. APPEALS. In the event, the Assured or the Assured's underlying insurers elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at their own cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto; but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in Insuring Agreement II for anyone occurrence, and in addition the cost and expense of such appeal.
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 231 of 272
Page ID#:
J. LOSS PAYABLE. Liability underthis policy with respect to any occurrence shall not attach unless and until the Assured, orthe Assured's underlying insurer, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Company may be liable under the policy within twelve (12) months after the Assured shall have paid an amount of ultimate net loss iii excess of the amount borne by the Assured or after the Assured's liability shall have been fixed and rendered certain, either by final judgment against the Assured after actual trial or by written agreement of the Assured, the claimant, and the Company. If any subsequent payments shall be made by the Assured on account of the same occurrence, additional claims shall be made similarly from time to time. Such losses shall be due and payable within thirty (30) days after they are respectively claimed and proven in conformity with this policy.
K. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy orinsolvency of the Assured or any entity comprising the Assured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. L. OTHER INSU RANCE. If othervalid and collectible insurance with any other insurer is available to the Assured overing a loss also covered by this policy, other than insurance that is in excess of the insurance afforded by this ~olicy, the insurance afforded by this policy shall be excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this policy subject to the terms, conditions and limitations of other insurance. M. SUBROGATION. Inasmuch as this policy is "Excess Coverage", and the Assured's right of recovery against any person or other entity cannot be exClusively subrogated to the Company, it is, therefore, understood and agreed that in Exhibit concase of any payment hereunder, the Company will act in concert witb all other interests (including the Assured) A
Page 231 of 272
Case 3:11-cv-01493-ST
J
Document 1-1
Filed 12/09/11
Page 232 of 272
Page ID#:
~erneE1,in the exercise of such rights of reeov.er.y.The apportioning of any amounts which may be so recovered shall 252 follow the princip.le that any interests ; .... 1ing the.Assureel) t~at'shall.ha:ve paid an'. .: Int over and above any payment "~ hereunder, shall first be reimbursed u~.; ) amount paid by them: the Company IS th~ Je reimbursed out of any balance then remaining up to the amount paid hereunder. lastly, the interests (including the Assured) of whom this coverage is excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interests (including the assured) concerned, in the ratio of their respective recoveries as finally settled. N. CHANGES. Notice to or knowledge possessed by any person shall not effect a waiverorchangein any partof . policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this cy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company. O. ASSIGNMENT. Assignment consent is endorsed hereon. of interest under this policy shall not bind the Company unless and until their
P. CANCELLATION. This policy may be cancelled by the Named Assured orby the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice. and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that, irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail, at the Named Assured's address as shown herein. not less than ten (10) days written notice stating when the cancellation shall be effective. If this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice.
R. CONFLICTING STATUS. In the event that any provision of this policy in unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the ~ame effect as if it complied with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force during the currency of .. ;<; policy except for any reduction of the aggregate limit or limits contained therein, solely by payment of claims in )ect of accidents and/or occurrences during the period of this policy. Failure of the Assured to comply with the egoing shall not invalidate this policy; but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
Secretary
President
c. V. STARR
UNDERWRITING
& CO.
MANAGERS
Page 7
~~.JC4CU,~'J~'~"\(.;'-"~";".,
'~ .., ',' .-','\,-,
Case 3:11-cv-01493-ST
'. iII;ll.In~~,~_""..';:. .... ,:':."'
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Document 1-1
:.
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Filed 12/09/11 253
Page 233 of 272

...'~.. ,'~~'.....'~.~',""-~~"""~ l
Page ID#:
. I...
..
\:$.~ll'r.
TO
ROI~~;:,~] Burdick
formerly
Hunter of Oregon, Inc.

& Cunningham, Inc.
200 Market Building, Portland, Oregon 97201 (503) 224-9700

Cole, Clark
SUBJECT:
~ FOLD
Wacker
Lvnn:
Silt,ronic Corp
XliX
J 37 08 24
DATE: 2-8-82
Attached that has above
pl ease fi nd the amended heen attached noJicy
Schedll]e of TInder] ng InSllrance ~ri State IMbreJJa poJicy for the
to the Granite
cantioned
Thank-yoll,
Bobbj Wj]]is
lilt'::
:?1V,',": nNG paIn:. d'D
FFffliB-.!L9 ~1982~----E & SR Dfpr ~----------------------DATE SIGNED
~~RPKX
THIS COPY FOR PERSON ADDRESSED .f!:~:"-'
Case 3:11-cv-01493-ST
SCHEeJULE 'OF UNDERLYING

;~"
Document 1-1
Filed 12/09/11 Page 234 of 272 INSURANCE 254
Page ..-ID#: ;.
ttached fo and Forming Part of Policy\~,', sued To WACKER CHEMICAL CO., Type of Policy Or Coverage om~l cnensive General iability
6582-8987
ET AL
JANUARY 1, 1982
Limits of Liability
$
$ $
Combined Single Limit $ 1,000,000. ,utomobile Liability Bodily Injury $ each person each occurrence
$
Property Damage
$ --
each occurrence
Combined Single Limit $ 1,000,000. :mployers Liability Coverage and Employers Liability $ ~iscellaneous Liabil ity
100,000.
each accident
'rimary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau o~rsonal Injury 'e Legal Liability
Yes fXJ
[X]
No
o
[Xl [Xl
o o
[X]
[XJ
o o
Blanket Contractual Liability "X.C.U." Hazards Errors and Ommissions/Malpractice Water Craft Liability Non-Owned Employees As Additional Assureds 'Employee Benefits Liability Other Host Liquor ~iability
..... / '-'
j
,/
i . ~
Yes !Xl
[X]
No
o o
[Xl
C
[X] [X]
00
[X] ,
o [ = o
/ i,.'
c.V. STARR
Underwriting
~33
& co. Managers
I 'I
! ..
By>"
/'! - /";' ',' \ "j , I . ;'\'-: :"""" . ;' ., ----...... ~ . Exhibit A Page 234 of 272
~ " :' \,
--:-"""':_~-_:':'_~... _----.. _ "":'

BRANCH"
Case .. 3ra fiB OD '3:11-cv-01493-ST Document 1-1 o"..:t;Oti

"T~
--------------~---Filed 12/09/11 255

NUMBEA
Page 235 of 272
... IXCX~137al
f'6f<1 LANO
Page ID#:
~11
><
I
co.
COVERAGE PROVIDED IN COMPANY DESIGNATED BY
UNOIAWl't'TINQ
01 FIREMAN'S FUND 18 THE AMERICAN 07 NATIONAL SURETY
JAN
I
3 1983
INSURED'S NAME AND ADDRESS (NO. STREET. TOWN, COUNTY, STATE)
I WAaEft SIl TRONIC CORPORATION

CORPOP~nOtl tU.mR Onn:" G.I1.B.H . WA<n:R CHEnITRONIC G.f1.B.H. LPO BOX031&.1~ ~RTlANl), OR 'l?203
POLICY PERIOD: ITEM 2.
biACKR CHEnIOl
RANCE
r
><
JJlIA3
1.1111
INCEPTION (MO. DAY YR.) EXPIRATION (MO. DAY YR.) U:01 A.M., STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN.
~I
$ $
ITEM 4. UNDERLYING AGGREGATE
EACH
OCCURRENCE
AGGREGATE
ITEM 5.
PREMIUM
BASIS
ITEM 6. ADVANCE PREMIUM: PREMIUM:
$ $
flATCHARG
THE
ANNUAL
MINIMUM
THE EVENT OF CANCELLATION BY TH "HE POLICY MINIMUM PREMIUM.
COMPANY
SHALL
RECEIVE
AND
RETAIN
NOT LESS THAN
375.
~ 7. SCHEDULE
OF
GfW4ITE STATt
WING FORM BLANKET EXCESS UABnJTY POUCY

ove, a st k insurance company, (herein called the Company) agrees with the insured, n=ed in the declaraco ider ion of the payment of premium and in reliance upon the statements in the declarations and subject ons, nditions and other terms of this policy: policy shall in the event of reduction, apply as excess of the reduced limit of liability thereunder. Subject to the applicable limit of liability as respects each occurrence, the limit of liability stated in the declarations as "aggregate" shall be the total limit of the Company's liability for all d=ages sustained during each annual period of this policy. 3. Policy Period. This policy applies only to occurrences which take place during the policy period.
sured for the Insured's ultimate net afforded under the Blanket Excess Uability or "Umbrella" lie' s specified in Item 7 of the Declarations, hereafter called u de ying insurance, in full force and effect at the inception of this pol' Y. provided that the insurance for injury to or destruction of pr rty urider this policy and underlying policies shall not apply except as respects injury to or destruction of corporeal property, i luding loss of use thereof. 2. Limit of Liability. e Company shall be liable only for the limit of liability stated i Item 3 of the Declarations in excess of the limit or limits of ability of the applicable underlying insurance policy or policie ated in the declarations, of this policy. The limit of the iability st ed in the declarations as applicable to "each occ ence" shall be the total limit of the Company's liability for al d=ages sustained as the result of anyone occurrenee, provid d, however, in the event of reduction or exhaustion of the appli able aggregate limit or limits of liability. under said underlying licy or policies solely by reason of losses paid there'"r on account of occurrences during this policy period. this (Continued
> r
I
DEFINITIONS
"Ultimate net loss" means all sums actually Paid, or which the Insured is legally obligated to pay, as d=ages in settlement or satisfaction of claims or suits for which insurance is afforded by this policy, alter proper deduction of all recoveries or salvage.
>
(
(
CONDmONS
1. Maintenance of Primary Insurance. The Insured warrants, and ( it is a condition of this policy, that at the inception of this policy, insurance afforded by the underlying policies of insurance (apply- ,. on Page Two)
BLANKET EXCESSUABllJTY
POUCY
(FOLLOWING

FORM)
5902-2-72
Case 3:11-cv-01493-ST .,
Document 1-1
ENDORSEMENT
Filed 12/09/11 256
Page 236 of 272
Page .. ID#:
AMENDATORY
LIMIT OF LIABILITY
INSURED POLICY NUMBER
XLx 131 0& 1.1

EFFECTIVE DATE
In consideration of the premium charged, it is agreed Insuring Limit of Liability, is changed to read as follows: 2. Limit of Liability.
Agreement
2,
The Company shall be liable only for the limit of liability stated in Item 3 of the Declarations in excess of the limit or limits of liability of the applicable underlying insurance policy or policies all as stated in the declarations of this policy. The limit of the liability stated in the declarations as applicable to "each occurrence" shall be the total limit of the Company's liability for all damages sustained as the result of anyone occurrence, provided, however, in the event of reduction or exhaustion of the applicable aggregate limit or limits of liability under said underlying policy or policies solely by reason of losses paid thereunder on account of occurrences during this policy period, this policy shall in the event of reduction, apply as excess of the reduced limit of liability thereunder. Subject to the applicable limit of liability as respects each occurrence, the limit of liability stated in the declarations as "aggregate" shall be the total limit of the Company's liability for all damages sustained during each annual period of this policy because of (i) personal injury and property damage arising out of the completed operations hazard and products hazard, combined; or (ii) advertising whenever occurring by whatever media, on account of all occurrences; or (iii) injury arising out of any hazard, other than as described in (i) and (ii), to which the underlying policy affords coverage subject to an aggregate limit and to which this policy also applies.
All other
terms and conditions
of the policy
remain
---------------------------r---~C-;:;O-;-;U;:;N:;:-TE;:;R;;-;S:-;IG=N7AT:;;U7.R;<E::-;:;OCF-:;;A:7""U;o;;T:;:;H ONE OF THE ~
riO:DR7':IZ>CE:nO:-:Ao,G':OE"NnT:---i
FIREMAN'S
fUND
INSURANCE
COMPANIES
~ ~ IV"<' PRESIOENT 10.X
I
, 8000' -I
AS NAMED IN THE POLICY
-65
Case 3:11-cv-01493-ST
" Ii .
Document 1-1
Filed 12/09/11 257 E&SR
Page 237 of 272
Page ID#:
""'r
SURPLUS CASUALTY TREATY (FACULTATIVE)
NAME:
Wo..c..Ic~t!
~;1.
[,:I.T~(v;C.
r ,,~.~ . _jJ(t2,.
Adequat~ly)
C;;.
~/
W~ cte-! ...
/{I.T""-'J,v("c
.
I",
C"'t!.
:::ATION: uPERATIONS: (Describe
fu/;
,'N
~v-.vIA-ff-J~/ ch (+"7 -An- c-rm. o-HYlo

-1-0
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8M c~rt J,'j"c.cJ;V' 4.,-.v ~ ('[;/.'(0"; Iorp-e..; (vr<.J

~
J+(....::I~c&-u, .. .r d
;,/
PRODUcrS:
--------------------------------------II/'/'.,.. I, /
fir/V,
CATASTROPHE EXPOSURES:
AUTO FLEET BREAKI;>OWN: SALES-RECEIPTS : POLICY PERIOD PRIMARY: Company (Original
v6Y
fzy
"'t Policy)
( :
()cJ..:>.
74ft 3 tv //:4,k
Limits
Coverage
Prenu.um
(D:l:o_' __
Cro __
~7ilA/
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.
1m
.
vvv.
(/~
..f
] Q
67'7
c> o.
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(J;p c,) 'I tAJV
EXCESS: Coverage Limits Premium
. Restrictions:
REINSURANCE UNDERWRITER: QUOTE: LV'APPROVED X

l.
U
-J..
DECLINED
BOUND: (Date) EXPIRATION DATE:
Il ".
)
IS POLICY NO.: Send copy to H.O.
/77 01://
policy issued.
i~#Y""
"~AL'
when original
PARTICIPATIONS:
Fund
UNEW
ABA
MU
OTHER REINSURERS: , .
"
Case 3:11-cv-01493-ST
,
Filed 12/09/11 Page 238 of 272 Page ID#: 258 . . . E'A~~SS~ND SPE'(IA'C.RISK Db.. ARTMENT REQUEST
1/3/83
Document 1-1
TO:
ROLLINS BURDICK HUNTER OF OR {NEIL VERRIGAN}

'URN TO:
DATE:
OFFICE:
LYNN VIDAN WACKER SILTRONIC CORPORATION

><LX 137 08 11
PORTLAND,
OREGON
SUBJECT:
PLEASE TAKE APPROPRIATE ACTION ON THE ITEMS CHECKED BELOW.
o o o o o o o o o
fJ
~
I.
SEND
DETAILED
DESCRIPTION
OF THE OPERATIONS
OF THIS
ENTITY.
2.
PLEASE
COMPLETE
AND
RETURN
THE ATTACHED.
THIS
IS NEEDED
FOR PROPER
RISK ANALYSIS.
3.
SEND BROCHURES THIS ENTITY. APPLICATION WAS
OR SIMILAR
MATERIAL
SHOWING
OR DESCRIBING
ALL
PRODUCTS
MANUFACTURED
OR HANDLED
BY
4.
NOT COMPLETED.
PLEASE
COMPLETE
WHERE
CHECKED
BY INK.
5.
SEND
A COPY OF THE APPLICATION
OF THE PRIMARY
POLICY
FOR UNDERWRITING.
6.
SEND AN ESTIMATE
OF THE INSURED/D
PAYROLL
o
AIRCRAFT
GROSS RECEIPTS/FOR
THE COMING
YEAR.
7.
SEND
DETAILED
INFORMATION
ON USE OF:
WATERCRAFT.
AUTOMOBILES.
8. 9.
SEND
A COPY OF THE MOST RECENT
INSPECTION
OR LOSS CONTROL
REPORT.
UNOERWR!TlNG PORTLAND
THErt!8=90F~9Q3.ND RETURN
THE ABOVE POLICY EXPIRES FOR RENEWAL ANALYSIS.
.. PLEASE COMPLETE
10.
SEND PRIMARY AUTO, G.L. a: PRODUCT PREMIUMS. SHOWING BREAKDOWN BETWEEN B.C AblO.f',O. NECESSARY FOR PROPER RATING OF THE EXCESS. INDICATE APPLICABLE DEBITS OR ~EC4TS1n SEND DETAILS OF THE RELATIONSHIP OF
THf:~IGURES
ARE
LJ~r I.
INSURED.
II.
TO THE NAMED
o o o o o
o
12.
SEND THE PRIMARY POLICY NUMBERS FOR AUTOMOBILE. ESSARY TO COMPLETE THE EXCESS POLICY. "SEND A COMPLETE COpy OF ALL PRIMARY LIABILITY NEED THEM TO VERIFY OUR EXCESS POSITION. ADVISE DETAILS OF ACCIDENT INVOLVING INSURED
GENERAL
LIABILITY.
EMPLOYER's
LIABILITY.
THESE
ARE NEC.
13.
POLICIES
AND
ENDORSEMENTS;
OR THE
LIABILITY
SECTION.
WE
14. 15.
ON ---------------.
SEND
US THE
EXPERIENCE
OF MANAGEMENT,
AND
DEPARTMENT
MANAGERS,
IN THIS
SPECIALTY
FIELD
-------
16. 17.
RETURN
ORIGINAL
POLICY.
IF LOST,
SEND
"POLICY
CANCELLATION
RELEASE."
o o o o
liJ
ONLY OUR APPLICATION, BOUND AT THIS TIME. SUPPLEMENTAL
FORM
380025,
WITH
VETERINARY
EXAMINATION
ON SAME
IS ACCEPTABLE.
COVERAGE
15 NOT
18.
INFORMATION
IS REQUIRED
BECAUSE
THE AMOUNT
OF INSURANCE
DESIRED
IS OTHER
THAN
THE
PUR.
20.
APPLICATION
15 UNACCEPTABLE
BECAUSE
--'~8ef.~ WAb
BY INSURED AND RETURN TO B.Jf31HUH
21.
HAVE
ENDORSEMENT
SIGNED
MOI01tUO 2~'t t . ..,
22.
OTHER
PLEASE FORWARD A COpy OF ST UMBRELLA POLICY 1 O~~Am10a00. 10-'-'-.1

__ ~_~
RESPONSE:
2723783
Copy*i?2~::aOh.Q.
ROSe~~g=~H
THANK YOUI
of Or~on: Inc.
YOUR HELP IS APPRECIATED.
380036-8-76
Case 3:11-cv-01493-ST
Document 1-1
. [ilGRf~~rlTE D NEW' HAMPSHIRE
Filed 12/09/11 Page 239 of 272 Page ID#: 259 ~NSUR!.~l,CE ,COM'pANY STATE
INSURANCE
COMPANY
C. V. STARR & CO.

UNDERWRITING
MANAGERS
PORTLAND CHICAGO
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS Renews 6_5_8~2_-_8_9_8_7 _ Policy Number 6583 AND
0219
ITEM 1(a) Named Assured:
WACKER CHEMICAL CO. (A HOLDING CO.) WACKER SILTRONIC CORP. (b) Address of Named Assured: P. O. BOX 03180 PORTLAND, OREGON 97203
This Declaration page, with policy. provisions and endorsements, if any, issued to form a part thereof, completes . the above numbered Umbrella Liability Policy. ITEM2 PolicyPeriod:From JANUARY 1, 1983 To JANUARY 1,1984 (12 :01) A.M. Standard Time at the Address of the Named Assured Stated Above. Limit of Liability - as Insuring Agreement II. (a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self Insured Retention ITEM 4 ITEM 5 ITEM 6 ITEM 7 $5,000,000.
ITEM 3
$ 5,000,000. $ 10,000. THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94111
Notice of Occurrence (Condition G) to: C.V. Starr & Co., Currency (Condition Q): U.S. Dollars Payment of Premium (Condition Q) to: C.V. Starr & Co., Premium Computation: Rating Basis FLAT ~Premium . $ 3,000.00
THREE EMBARCADERO CENTER SAN FRANCISCO, CA 94111 Rate
Estimated Exposure
Estimated Premium $
Minimum Premium $ 3,000.00
Audit Period
NONE
Feb. 22, 1983
ERB/BLS
c.v. STARR
Underwriting "S 1116 8t
co.
Maugen
ORIGINAL
.'
Case 3:11-cv-01493-ST
\
'
SC.H~OUbE OF UNDERLYING 260

, '.
Document 1-1
Filed 12/09/11
INsURANCF
Page 240 of 272

.
'
Page ID#:
ttached to and ForrtlingPart'ofPoli;yN'o. sued To WACKER CHEMICAL CO. Type of Policy Or Coverage omp, c:oensive General iability
6583-0219'
(A !fOLDING CO.)
Date J~UARY 1,1984 AND WACKER SILTRONIC CORP. Limits of Liability
$ $ $
Property
each person each occurrence aggregate Damage Liabil ity each occurrence aggregate
$ $
$ 1,000,000.
,utomobile Liability Bodily Injury
$ $
Property $ -Damage
each occurrence
$ 1,000,000.
mployers Liability Coverage and Employers $ liscellaneous Liability NURSE'S MALPRACTICE Liability
100 ,000
each accident
$500,000./$1,500,000.
'rimary Coverage Provides: Products/Completed Operations Broad Form Property Damage L10yds Bureau Personal Injury - .. ~ Legal Liability
Yes
No
!Xl !Xl
!Xl
o
IX! IX!
o o !Xl o o o
. No Blanket Contractual Liability "X.C.U." Hazards Nurse IS . a~~~/Malpractice Water Craft Liability Non-Owned Employees As Additional Assureds Employee Benefits Liability Omer Host Liquor Liability
C.V.STARR 81
o o o o o o o
.../
co.
Underwriting Manege",
.33
ORIGINAL
.'
Case 3:11-cv-01493-ST
\.
t
Document 1-1
ENDORSEMENT
Filed 12/09/11 261

NO.
Page 241 of 272

1
.- I
Page ID#:
IT
IS
HEREBY
UNDERSTOOD
AND AGREED
THAT WACKER CHEMIE
GmbH
AND WACKER CHEMITRONIC AS THEIR HOLDING INTEREST COMPANY,
GmbH ARE ADDED AS ADDITIONAL IN WACKER SILTRONIC CO., CORP.
ASSUREDS, AND ITS
APPEARS
WACKER CHEMICAL AVAILABLE
BUT NOT FOR BROADER ASSUREDS UNDER
COVERAGE THAN IS ANY UNDERLYING
TO SUCH ADDITIONAL AS SET OUT IN
INSURANCES
THE SCHEDULE.
All olher Effective Alloched Issued

10:
lerms dale
and condilions of Ihis endorsemenl forming
remain is:
unchanged
JANUARY 1,
1983
NEW HAMPSHIRE INSURANCE CO. GRANITE STATE INSURANCE COMPANY C. V. STARR & CO.
10 and
parI of No.
6583-0219
CO., ET AL
ao
WACKER CHEMICAL
Dotf!tl.
FEB. 22, 1983
ENDT.
#1
~1iJL'L
{Exhibit A Page 241 of 272
u ,. (wt[v. ,/ul
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
NO. 2
Page 242 of 272
Page ID#:
262 ENDORSEMENT
IT
IS
UNDERSTOOD AND AGREED THAT THIS OF ESK CORPORATION.
POLICY
SHALL NOT APPLY
TO LIABILITY
remain unchanged
Effectiye dole of Ihis endorsement
is:
1983
o
Xl
INSURANCE INSURANCE
CO. COMPANY
Attoched to and forming Issued 10:
port of No.
C. V. STARR
& CO.
Dolf!cI.
FEB.
tiT')
22,
1983
ENDT.
#2
By
UlnA
("EV.
Case 3:11-cv-01493-ST
Document 1-1
Page 243 of 272
Page ID#:
FOLLOWING
FORM CARE, CUSTODY
OR CONTROL
EXCEPT
INSOFAR AS COVERAGE
IS AVAILABLE
TO THE ASSURED SCHEDULE,
IN THE UNDERLYING SHALL NOT OF
INSURANCES APPLY OTHERS
AS SET OUT IN THE ATTACHED OF THE ASSURED
THIS POLICY
TO LIABILITY WHILE
FOR LOSS OR DAMAGE OR CONTROL
TO PROPERTY
IN THE CARE, CUSTODY
OF THE ASSURED.
Effecli~e date of this. endorsement Alloched to and forming Issued to:
is:
JANUARY1, 6523-0219
ET AL
1983
o
~
INSURANCE INSURANCE
CO. COMPANY
part of No.
DOlp.ti.
FEB. 22., 1983
ENDT.
#3
By
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 264 'NO. 4 EN[)'ORSEMENT
Page 244 of 272
Page ID#:
IT
IS HEREBY UNDERSTOOD AND AGREED THAT, THE COMPANY SHALL PROVIDE
EXCEPT FOR NONPAYMENT OF ANY (60) DAYS NOTICE
PREMIUM,
SIXTY.
IN THE EVENT OF CANCELLATION.
remain is:
unchanged
Effective date of this endorsement Altoched Issued to: to and forming
JANUARY 1, 1983 6583-0219

CO., ET AL
INSURANCE INSURANCE
CO. COMPANY
port of No.
oa
WACKER CHEMICAL
Dotp.rl.
FEB. 22, 1983
ENDT. 14 Exhibit A Page 244 of 272
u.nA l"ll'v. t/lli
Case 3:11-cv-01493-ST
Document 1-1
,
ENDORSEMENT
Filed 12/09/11 265 .

NO. 5
Page 245 of 272
., Page ID#:
"PAY
ON BEHALF
OF"
ENDORSEMENT:
IT IS UNDERSTOOD AND AGREED THAT SECTION 1, COVERAGE, INSURING AGREEMENTS, IS AMENDED TO READ AS FOLLOWS:
OF
1.
COVERAGE. THE TERMS TIONS
THE COMPANY HEREBY AND CONDITIONS
AGREES,
ACCORDING TO THE
TO
BUT SUBJECT
LIMITAOF THE BE
HEREINAFTER FOR ALL
MENTIONED, SUMS WHICH
TO PAY ON BEHALF THE ASSURED SHALL
ASSURED OBLIGATED
TO PAY BY REASON
OF THE LIABILITy
All other
terms
remain is:
unchanged
Effective date Alloched Issued to:
JANUARY l, 6583-0219 CO.,
1983
_
o Xl
INSURANCE INSURANCE
CO. COMPANY
to and forming
port of No.
WACKER CHEMICAL
ET AL
By
~V.STA~
Dot tt.
FEB. 22, 1983
ENDT.
is
~.n"
~~~
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 266 NO. 6 EN'OORSEMENT'
Page 246 of 272
Page ID#:
FOLLOWING
FORM ENDORSEMENT
NOTWITHSTANDING IT IS HEREBY
ANYTHING
CONTAINED AND AGREED
HEREIN
TO THE
CONTRARY, UNDER-
UNDERSTOOD IS
THAT WHERE SCHEDULED AND CONDITIONS
LYING
INSURANCE
WRITTEN
UNDER TERMS
PROVIDING
GREATER
PROTECTION
OR INDEMNITY POLICY,
TO THE ASSURED THIS INSURANCE
THAN THE TERMS SHALL PAY ON BEAND LIMITA-
AND CONDITIONS HALF TIONS LYING
OF THIS
OF THE ASSURED
UPON THE SAME TERMS,

4
CONDITIONS
OF THE APPLICABLE INSURANCE EXISTS,
UNDERLYING THIS
INSURANCE, SHALL
BUT WHERE NO UNDERPAY ON BEHALF OF
INSURANCE CONDITIONS AND/OR
THE ASSURED ATTACHED
UPON THE TERMS,
AND LIMITATIONS
OF THE
UMBRELLA POLICY
FORM,
AMENDMENTS OR ENDORSE-
MENTS THERETO.
All olher Effective Alloched Issued
terms dole
and candilions of this endorsemenl forming
remain is:
unchanged
JANUARY l, 6583-0219 CO., ET AL
1983
NEW HAMPSHIRE STATE
INSURANCE INSURANCE
CO. COMPANY
10 and
pori of No.
rx GRANITE
10:
WACKER CHEMICAL
Datp.ci.
FEB.
e"e-v.
1/n)
22,
1983
ENDT.
#6
&Z'UA
..
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 Page 247 of 272 267 NO. 7 ENDORSEMENT
Page ID#:
"
IT IS UNDERSTOODAND AGREED EXCLUSION "G" PRODUCTS) IS DELETED IN ITS ENTIRETY.
(AIRCRAFT
l>~r"rVJ I )'f
f
U'
,)
I V)
ue
0). {v ~
.-/VJ' rr-,.rc--
iI_ 1;/
/l;r
tell'
J!
r
I)
tu ,r'
,tJV' (-i \1:.
""r
J/
'/;y\
rt
~
~Y'
I\f
"
.~. i''i'
All other terms ond conditions
remain is:
unchanged
Effective date of this endorsement Atloched to and forming
1983
NEW HAMPSHIRE INSURANCE CO; GRANITE STATE INSURANCE COMPANY
port of No.
Xl
Issued to:
WACKERCHEMICAL CO.,
Oatp.tl.
FEB.
22,
1983
ENDT. #7
12"7"
f"IEV. 'I"a)
. .. .
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
8
Page 248 of 272
Page ID#:
268 ENDORSEMENT 'NO.
IT IS UNDERSTOOD AND AGREED EXCLUSION AS FOLLOWS:
"H"
IS
AMENDED TO READ
THIS
POLICY
SHALL NOT APPLY:
H.
TO ANY LIABILITY ARISING OUT OF THE VIOLATION OF ANY STATUTE, LAW, ORDINANCE OR REGULATION PROHIBITING DISCRIMINATION OR HUMILIATION BECAUSE OF RACE, CREED, SEX, AGE, COLOR, OR NATIONAL ORIGIN.
All other
terms
remain is:
unchanged
Effeclive dote A"oched Issued 1o:
JANUARY 1, 6583-0219
1983
o IX
NEW HAMPSHIRE INSURANCE CO, GRANITE STATE INSURANCE COMPANY
to and forming
port of N~,
ET AL
Dalf!ti.
FEB.
I"EV.
22,
1983
ENDT.
i8
UIUA
""'.1
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 269
Page 249 of 272
Page ID#:
~ .GRANItE".~TATE'IN.SURANCECOMPANY o NEW HAMPS-HIRE INSURANCE COMPANY

c. v. STARR & CO. UNDERWRITING MANAGERS

SEATTLE PORTLAND SAN FRANCISCO LOS ANGELES CHICAGO

In consideratio~ of the pa~m~nt of ,the.premium, ~nd in reli~~ce upon the statements i~ the peclarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the assured named in the Declarations and/or subsidiary, associated, affiliated companies or owned and controlled companies as now or hereafter constituted and of which prompt notice has been given to the company.
INSURING AGREEMENTS
1. COVERAGE.The Company hereby agrees, according to the terms and conditions but subject to the limitations hereinafter mentioned, to indemnify the Assured for all sums which the ASsured shall be obligated to pay by reason of the liability (a) Imposed upon the Assured by law, or (b) Assumed under contract or agreement by the Named Assured and/or any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, for damages, direct or consequential, and expenses, all as more fully defined by the term "ultimate net loss" on account of: (i) Personal injuries including death at any time resulting therefrom, (ii) Property Damage, (iii) Advertising liability, aused by or arising out of each occurrence happening anywhere in the world. II. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss, the excess of either. (a) The limits of the underlying insurances as set out in the schedule in respect of each occurrence covered by said underlying insurances, or (b) the amount as set out in the declarations as the self-insured retention in respect of each occurrence not covered by said underlying insurances, (hereinafter called the "Underlying Limits''): and then only up to a further sum as stated in Item 3(a) ofthe Declarations in all in respect of each occurrence, subject to a limit as stated in Item 3(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability and in respect of Personal Injury (fatal or non-fatal) by Occupational Disease sustained by any employees of the Assured. . In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurances by reason of losses paid thereunder. this policy shall (1) in the event of reduction pay the excess of the reduced underlying limit (2) in the event of exhaustion continue in force as underlying insurance, subject to all the terms and conditions of this policy. The inclusion or addition hereunder of more than one Assured shall not operate to increase the Company's limit of liability. III. SUPPLEMENTAL DEFENSE. It is agreed that with respect to any occurrence covered only by the terms and conditions of this policy except for the amount of the self-insured retention as stated in Item 3(c) of the Declarations the Company shall: (a) defend any suit against the Assured alleging such injury, sickness, disease or destruction and seeking , damages on account thereof, even if such suit is Qroundless, false, or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Assured in the event of accident or traffic law violation during the policy period, but without any obligation to apply for or furnish any such bond; (c) pay all expenses incurred by the Company, all costs taxed against the Assured in any such suit and all interest accruing after entry of judgment until the Company has paid, or tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; Exhibit A Page 1 CVS 1115 REV 6/80
Page 249 of 272
~nd the ~mou(l~s ~o iocurred, ex~ept l1~lliri~s of an'y l?ermal1ent emplC?'ye~s.~~ Af"'lred or the "Company, shaU'be . the 270 Incl~d~d In the Ultimate Net Loss In COiling the limit of the Company s liability but, I not be payable in addition ~O. the limit of the Company's Iiabilfty, ana". iall not be ~nclude9 in the self-inl>ured r~terl"on. IV. Insuring Agreements I, II, and III shall cease to apply after the applicable limits of the Company's liability has been exhausted by payment of judgments or settlements.
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11
Page 250 of 272
Page ID#:
'.
DEFINITIONS:
1. ASSURED. The unqualified word "Assured", wherever used in this policy, includes not only the Named Assured but also (a) any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such and any organization or proprietor with respect to real estate management for the Named Assured; , (b) any person, organization, trustee or estate to whom the Named Assured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, but only in respect of operations byor on behalf of the Named Assured or of facilities of the Named Assured or used by them; (c) any additional assured (not being the Named Assured under this policy) included in the Underlying Insurances, subject to the provisions in Condition B; but not for broader coverage than is available to such additional Assured under any underlying insurances as set out in attached Schedule; (d) with respect to any automobile owned by the Named Assured or hired for use in behalf of the Named Assured, orto any aircraft owned by or hired for use in behalf of the Named Assured, any person while using such automobile or aircraft and any person or organization legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission of the NamedAssured .. he insurance extended by this sub-division (d), T with respect to any person or organization other than the Named Assured, shall not apply(i) to any person or organization, or to any agent or employee thereof, operating an automobile repairshop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; (ii)to any manufacturer of aircraft, aircraft engines or aviation accessories, or any aviation sales or service or repair organization or airport hangar operator or their respective employees or agents with respect to any occurrence arising out of the operation thereof; (iii) with respect to any hired automobile or aircraft, to the owner thereof or any employee of such owner. This subdivision (d) shall not apply if it restricts the insurance granted under sub-division (c) above. 2. PERSONAL INJURIES. The term "Personal Injuries" wherever used herein means bodily injury, mental injury, mental anguish, shock, sickness, disease, disability, false arrest, false imprisonment, wrongful eviction, detention. malicious prosecution, humiliation, also libel, slander or defamation of character or invasion of rights of privacy, except 'at which arises out of any Advertising activities. 3. PROPERTY DAMAGE. The term "Property Damage" wherever used shall mean (1) physical injury to or destruction of tangible property, which occurs during the policy period, including loss of use thereof at any time resulting therefrom; or (2) loss of use of tangible property, which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 4. ADVERTISING LIABILITY. The term "Advertising Liability" wherever used herein shall mean: (a) Libel, slander or defamation; (b) Any infringement of copyright or of title or of slogan; (c) Piracy or unfair competition or idea misappropriation under an implied contract; (d) Any invasion of right of privacy; committed or alleged to have been committed in any advertisement, publicity article, broadcast or telecast and arising out of the Named Assured's Advertising activities. 5. OCCURRENCE. The term "Occurrence" wherever used herein shall mean an accident, or a happening, or event, or a continuous or repeated exposure to conditions which unexpectedly and unintentionally results in personal i6jury, property dama!=je or advertisin!=j liability during the policy period. All such exposure to substantially the same general conditions existing at or emanating from one premises location shall be deemed one occurrence. 6. ULTIMATE NET LOSS. The term "Ultimate Net Loss" shall mean the total sum which the Assured, or any company as his insurer, or both, become obligated to pay by reason of personal injury, property damage or advertising liability claims. either through adjudication or compromise, and shall also include hospital, medical and funeral charges, and all sums paid as salaries, wages, compensations, fees, charges and law costs, premiums on attachment or appeal bonds; interest, expenses for doctors, lawyers, nurses, investigators and other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of the Assured's or of any underlying insurer's permanent exployees. The Company shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible insurance. 7. AUTOMOBilE. The term "Automobile", wherever used herein, shall mean a land motor vehicle, trailer or semitrailer. 8. AIRCRAFT. The term "Aircraft", wherever used herein, shall mean any heavier than air or lighter than air aircraft designed to transport persons or property. 9. PRODUCTS LIABILITY. The term "Products Liability" means: (a) Liability arising out of goods or products manufactured, sold, handled, or distributed by the Named Assured or t:>y others trading under his name if the occurrence occurs after possession of such goods or products has been relinPaQe 2
Case to.pthers by the Named~ssured or by others trading in his nam~, andif 251 of 272 oC/curs aytay qui.shed 3:11-cv-01493-ST Document 1-1 Filed 12/09/11 Pagesuch occurrence Page ID#: 271 from pren:\I~es owned, rente~ ~r ""ntrolled by the Name~ A~sured; prav.ldee- ".qh goods or products shan !{e' . deemed to Includ~ any coptaln", " "ereof, othe~ than a vehicle, but shall not inl """e an~ vending machine or any -4 property, other than such container, rented to or located for use of others but not sold' .
(b) Uability arising out of operations, if the occurrence occurs after such operations ~ave been completed or aba~doned, and occurs away fr?m premises owned, rented or controlled by the Named Assured; provided operatlo,:s shall not be deemed Incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph: (i) pick-up or delivery, except from or onto a railroad car, (ii) the maintenance of vehicles owned or used by or on behalf of the Assured, (iii) the existence of tools, uninstalled equipment and abandoned or unused materials. period of one year com10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive mencing from the inception date of this Policy. .
11. AIRCRAFT PRODUCTS. "Aircraft Products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Assured or by others trading underthe Assured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and services and labor relating to aircraft products. 12. GROUNDING. "Grounding" means the withdrawal, at or aboutthe same time, in the interest of safety, of one or more Aircraft from flight operations because of a like condition or suspicion thereof in two or more such Aircraft whether such aircraft so withdrawn are owned or operated by the same or different persons, firms or corporations. A grounding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs.

EXCLUSIONS:
A. to any obligation for which the Assured or any company as its insurer may be held liable under any Workers' Compensation, unemployment compensation or disability benefits law provided, however, that this exclusion does not apply to liability of others assumed by the Named Assured under contract or agreement; B. to claims made against the Assured: 1. 2. 3. for repairing or replacing any defective product or products manufactured, sold or supplied by the Assured or any defective part or parts thereof, nor for the cost of such repair or replacement;
for the loss of use of any such defective product or products or part or parts thereof; for improper or inadequate performance, design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification; C. with respect to advertising activities, to claims made against the Assured for: 1. failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; 2. infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles of slogans; 3. incorrect description of any article or commodity; 4. mistake in advertised price; D. except in respect to occurrences taking place in the United States of America, its territories or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of, damage to property by or under the order of any government or public or local authority; E. to any claim based upon the Assured's failure to comply with the federal "Employee Retirement Income Security Act of 1974", or any amendment thereto; F. to any claim for personal injury or property ~amage.arisin~ o~t of the discharge, disp~rsal, rele':ls~ or escape o~ smoke, vapors, soot, fumes, acids, alkalis, tOXIC chemicals, liquids or gases, waste matenals. othe~ Irntants,.contam inants or pollutants into or upon lands, the atmosphere or any watercourse or bo.dy of w~ter, but thiS exclUSion does not apply if such discharge, dispersal, release or escape IS sudden and aCCidental, G. to any claim for personal injury or property damages arising out o! Air~raft Products an~/or all sums .whiC~any assured shall become legally obligated to pay as damages resulting In or from grounding of any aircraft, H to any liability arising out of the violation of any statute, law, ordinance or regulation prohibiting discrimination or . humiliation because of race, creed, sex, age, color, national origin or sexual preference; Except to the extent that coverage is available to the Assured in the underlying insurances as set out in the attached Page 4
.'
_ . '\j
Case 3:11-cv-01493-ST Document 1-1 act alleged to be Page 252 of 272 Page ID#: )iability .tor Perspn~1 Injury ~r .De~th resulting from anyFiled 12/09/11 assault and battery cOl"(lmitted 't.or the p~rpose of preventmg or ~lmll'1C'~-'1 danget in'tne operation of aircraft, or for tt' 'urpose of preventing personal 272 injury or I?roperty,damage, it be!. ,nderstood and agreed that this exclusion. ,~not appJy to the liability of the Named Assured for personal injury to 1heiremployees, unless s'uch liability is already excluded under Exclusion A above;
J. with re:spe~t to any aircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them: It bemg understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; K. with respect to any v.:a:tercraftowned by the Assured, while away from premises owned, rented or controlled by the Assur~d, except liability of the Named Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees unless such liability is already excluded under Exclusion A above; , L. to any employee with respect to injury to or the death of another employee of the same Employer injured in the course of such employment. M. to punitive or exemplary damages awarded against any Assured.
NUCLEAR INCIDENT EXCLUSION CLAUSE L1ABILIlY 1.
DIRECT (BROAD)
THIS POLICY DOES NOT APPLY TO ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE: with respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the Un ited States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or 3. resulting from the hazardous properties of nuclear material, if (a) the nuc.lear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (ii) has been discharged or dispersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury to or destruction of property at such nuclear facility. As used herein "hazardous properties" includes radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub-paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; 4. with respect to the liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the Canal Zone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. .
2.
CONDITIONS
A PREMIUM. Unless otherwise provided for, the premium for this Policy is a flat premium and is not subject to adjustment except as provided in Conditions Band P.
Page 5
Case 3:11-cv-01493-ST
Document 1-1
. B. ADDITIONAL ~SSUREDS. In' 9vent of ad~itiomil ~ Iy~ng Insurances dUrln~. cUlTency hek ,prompt nQlICe shall be given to t~e Compa ..;nereon and, if an additional pr&mlum hC!-s been ~~arged for ,such addition on the Underlying Insurances, tHe Company shall be entitled to charge an appropriate additional premium hereon. . C. PRIOR INSURANCE NON CUMULATION OF LIABILITY. It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy issued to the Assured prior to the inception date hereof the limit f liability hereon as stated in Item 3 of the Declarations shall be reduced by any amounts due to the Assured on 'account . such loss under such prior insurance. Subject to the foregoi~g.paragraph and to all the other terms and con~:mions,of t,his policy,. in the eventthat personal injury or property dam~ge ar~slng out of an occurrence cove:re~ ~e~eunder IS continuing at the time of termination of this policy, the Company will continue to protect the Assured for liability In respect of such occurrence without payment of additional premium. D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE. As regards personal injury (fatal or nonfatal) by occupat~6nal disease sustained by any employee of the Assured, this policy is subject to the same warranties, terms and conditions (except as regards the premium, the amount and limits of liability and the renewal agreement, if any) as are contained in or as may be added to the underlying insurances prior to the occurrence for which claim is made hereunder. E. INSPECTION AND AUDIT. The Company shall be permitted, but not obligated, to inspect the Assured's property and operations at any time. Neither the Company's right to make inspections, nor the making thereof, nor any report thereon shall constitute an undertaking on behalf of, or for the benefit of, the Assured or others, to determine or warrant that such property or operations are safe and healthful, or are in compliance with any law, rule or relulation. The Company may examine and audit the Assured's books and records at any time during the policy period and extensions thereof, and within three years after the final termination of this policy or within one year after final settlement of all claims arising out of personal injury or property damage which occur during the period of this policy as far as they relate to the subject matter of this insurance. F. CROSS LIABILITY. In the event of claims being made by reason of personal injuries, suffered by any employee or employees of one Assured hereunder, for which another Assured hereunder is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder, for which another Assured is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement II. G. NOTICE OF OCCURRENCE. Whenever the Assured has information from which the Assured may reasonab'conclude that an occurrence covered hereunder involves injuries or damages, which, in the event that the Assured .,hould be held liable, is likely to involve this Policy, notice shall be sent as stated in Item 4 ofthe declarations as soon as practicable, provided, however, that failure to give notice of any occurrence which,at the time of its happening,did not appear to involve this policy but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. H. ASSISTANCE AND CO-OPERATION. The Company shall not be called upon to assume charge of the settlement or defense of any claim made, or suit brought, or proceeding instituted against the Assured, but the Company shall have the right and shall be given the opportunity to associate with the Assured or the Assured's underlying insurers, or both, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company; in which eventthe Assured and the Company shall cooperate in all things in the defense of such claim, suit or proceeding. I. APPEALS. In the event, the Assured or the Assured's underlying insurers elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at their own cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto; but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in Insuring Agreement II for anyone occurrence, and in addition the cost and expense of such appeal. J. lOSS PAYABLE. Liability under this policywith respectto anyoccurrence shall not attach unless and until the Assured, or the Assured's underlying insurer, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Company may be liable under the policy within twelve (12) months after the Assured shall have paid an amount of ultimate net loss iii excess of the amount borne by the Assured or after the Assured's liability shall have been fixed and rendered certain, either by final judgment against the Assured after actual trial or by written agreement of the Assured, the claimant, and the Company. If any subsequent payments shall be made by the Assured on account of the same occurrence, additional claims sRall be made similarly from time to time. Such losses shall be due and payable within thirty (30) days after they are respectively claimed and proven in conformity with this policy. K. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. L. OTHER INSURANCE. If othervalid and collectible insurancewith any other insurer is available to the Assured ;overing a loss also covered by this policy, other than insurance that is in excess of the insurance afforded by this policy, the insurance afforded by this policy shall be excess of and shall not contribute with such other insurance. Nothing herein shall be construed to make this policy subject to the terms, conditions and limitations of other insurance. M. SUBROGATION. Inasmuch as this policy is "Excess Coverage", and the Assured's right of recovery against any person or other entity cannot be exclusively subrogatedto the Company, it is, therefore, understood and agreed that in case of any payment hereunder, the Company will act in concert wittl all other interests (including the Exhibit A Assured) con-
Filed 12/09/11 Page 253 of 272 Page ID#: 273 assu~e'ds'beirig addec' . 111e coverage under the U~~~~'
Page 253 of 272
fern~q~ in thf. exercise of such rights of rec~)Very.The apportioning of any amounts which may be ~o rec'overen shall 274 ~1.dllW the principle that any inter5'sts,"- 'J.l9in9the.Assured) tl1atshall nave paid an r' 'unt over and above"any payment hereunder, Shal)first be r.eimbursedu~ .' .he am'ount paid by them: the Company is the 'b~ reimbu.sed out of any balance then remaining up to the amount paid hereundet; lastly,the intetests (inCluding the Assured) of whom this coverage is excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interests (including the assured) concerned, in the ratio of their respective recoveries as finally settled. N. CHANGES. Notice to or knowledge possessed by any person shall not effect a waiver or change in any part of .his policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this olicy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company. O. ASSIGNMENT. Assignment of interest under this policy shall not bind the Company unless and until their consent is endorsed hereon. P. CANCELLATION. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that, irrespective of any other terms or conditions contained in this policy or endorsements 'attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by registered mail, at the Named Assured's address as shown herein, not less than ten (10) days written notice stating when the cancellation shall be effective. If this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice. . Q. CURRENCY. The premiums and losses under this policy are payable in the currency stated in Item 5 of the Declarations. Payment of Premium shall be made as stated in Item 6 of the Declarations. R. CONFLICTING STATUS. In the event that any provision of this policy in unenforceable by the Assured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force during the currency of this policy except for any reduction of the aggregate limit or limits contained therein, solely by payment of claims in "espect of accidents and/or occurrences during the period of this policy. Failure of the Assured to comply with the Jregoing shall not invalidate this policy; but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
Case 3:11-cv-01493-ST
'.
Document 1-1
Filed 12/09/11
Page 254 of 272
Page ID#:
Secretary
C. V. STARR & CO.
President
Page 7
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 275
Page 255 of 272
Page ID#:
COVERAGE PROVIDEO IN COMPANY OE$IG. HATED BY NUMBER
01 18 07
FIREMAN'S FUND THE AMERICAN NATIONAL SURETY
,.
INSURED'S
NAME
AND ADDRESS
(NO STREET,
TOWN,
COUNTY,
rwACKER mmONIC
CORPORATION
L.O BOX 03180,;

POLICY ITEM 2. PERIOD:
tfACa::ER nITROtJIC G~n.B.H. O
IiAmR CHEMICAl CORPORATION ldACJ(ER cwm:, G.M. hH.
/'
STATE)
:,/
I ,
-l
PORTLAWJhOR &f7203
>< r ><
I
:V:LI~
y~
oJ
1IJ4SJ pt.
INCEPTION ( ,DAY YR.) EXPIRATION (MO, DAY YR,) 12:01 A.M., STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN.
~I
s s
ITEM 4.
AGGREGATE
ITEM 5.
ITEM 6. ADVANCE ANNUAL MINIMUM PREMIUM: PREMIUM:
s~>So:;J
S~~
COMPANY
SHALL
RECEIVE
AND
RETAIN
NOT LESS THAN
:f-~
GRANITE STATE:
G FORM BLANKET EXCESS UABDJTY POUCY

The Company designated tock insurance company, (herein called the Company) agrees with the insured, named in the declarations made a part hereof,' consi r ion of the payment of premium and in reliance upon the statements in the declarations and subject to the limits of liability, e clusions, con 'lions and other terms of this policy:
INSURING AGR
1. Coverage. To indemni
policy shall in the event of reduction, apply as excess of the reduced limit of liability thereunder. Subject to the applicable limit of liability as respects each occurrence, the limit of liability stated in the declarations as "aggregate" shall be the total limit of the Company's liability for all damages sustained during each annual period of this policy. 3. Policy Period. This policy applies only to occurrences which take place during the policy period.
DEFINITIONS
"Ultimate net loss" means all sums actually paid, or which the Insured is legally obligated to pay, as damages in settlement or satisfaction of. claims or suits for which insurance is afforded by this policy, alter proper deduction of all recoveries or salvage,
> r >
I
~
(
CONDITIONS
1. Maintenance of Primary Insurance. The Insured warrants, and -
( (
COUNTERSIGNATURE DATE COUNTERSIGNATURE OF AUTHORIZED AGENT
BLANKET EXCESS UABIUTY POUCY
(FOLLOWING FORM)
Exhibit A 5902-2-72 Page 255 of 272
,Case
3:11-cv-01493-ST
;. . t.;.
Document 1-1
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Page 256 of 272
Page ID#:
AMENDATORY
ENDORSEMENT
LIMIT OF LIABILITY
1r;;IN~Si:i"U-;-;R><E:-;:D;-----------------------------"PO;n;L-;;IC=;Y~N~U~M;;;;8:;;:EoR------------.
PRODUCER
EFFECTIVE DATE
In consideration of the premium charged, it is agreed Limit of Liability, is changed to read as follows: 2. Limit of Liability.
Insuring
Agreement
2,
The Company shall be liable only for the limit of liability stated in Item 3 of the Declarations in excess of the limit or limits of liability of the applicable underlying insurance policy or policies all as stated in the declarations of this policy. The limit of the liability stated in the declarations as applicable to "each occurrence" shall be the total limit of the Companyts liability for all damages sustained as the result of any one o~currence, provided, however, in the event. of reduction or exhaustion of the applicable aggregate limit or limits of liability under said underlying policy or policies solely by reason of losses paid thereunder on account of occurrences during this policy period, this policy shall in the event of reduction, apply as excess of the reduced limit of liability thereunder. Subject to the applicable limit of liability as respects each occurrence, the limit of liability stated in the declarations as "aggregate" shall be the total limit of the CompanyI s liability for all damages sustained during each annual period of this policy because of (i) personal injury and property damage arising out of the completed operations hazard ana products hazard, combined; or (ii) advertising whenever occurring by whatever media, on account of all occurrences; or (iii) injury arising out of any hazard, other than as described in (i) and (ii), to which the underlying policy affords coverage subject to an aggregate limit and to which this policy also applies.
All other
terms
and conditions
of the policy
remain
I
ONEOF THE COUNrERSIGNATURE OF AUTHORIZED AGENT
fIREMAN"S
FUND INSURANCE COMPANIES

PRESIDENT 10.X
I
180001-1-65
AS NAMEDIN THE POLICY
J
.1'
rlNSURED
Case 3:11-cv-01493-ST Document 1-1 Filed 12/09/11 Page."257 of 272 Page ID#: ',; -:~.:~.'~.:~.:;j~(>:.'.:~X::j:~~t~S.:,.~~--.::f~:~}/}:'::~:~~~:::~~~',:,~~~~';r::~;~~~;::'~~~::;~_~._~.~': ..'~::"~;'.~~,~~~~.}~~/i~~' .~ 277 . ... .' /' -'. ..!- ',.... ;!* .. '----.~.
):...: ... ",,' ..
'">.
>.'
POLICY
NUMBER
'.-
..
EFFECTIVE DATE
----.......
-.
-'
Of lIAfHliTY
Agreement
,~..
A.14HUlATORY ~6k'SEME1iT LIMIT' '-.. ~ ...... In consideration of the premium charged, it

to read dS fo 11ows:
~~ . is ..
~gre$J, Insuring
2, limit of
_ ....
liabi 11ty. is changed
~=--=7:c=....-=''''''t~~~.tt':,:~f:..~.htbJJ '--='.~'
i~Y'. "
'-. "">-::::::;:-::....::: ':::,_' '~='~~__
~~_'_='<~:""'.:?;',:.~,,,,,,.
~
-~~
>< ""
stated tn
The com~ny shall be liable only for the limit of liability
Itea 3 of the Declarat10nsin excess of the limit or limits of liabil1ty of the app11cable underlying insurance policy or polfc1es all as stated in the dec1aratiOfts of this policy. The l1mit of the
11ab 11i ty statedi n the dec 1araU
OftS
occurrence- shall be the total limit
as ap.p11cab 1e to -each of the Company's 11abi 11ty fOt'
sustained as the result of anyone oc.cvrence, provided. or exhaust1en of the appHcaMe aggregate lImit or limits of liability under said underlying policy or pollcies solely by reason of losses paid thereunder on account of
dalJlages
all
however, 1n the event of reduction
occurrences during thts policy period, tilis poUcy shall in the event of red~~tion. apply as excess of the reduced l1mit of liability thereunder. Subject to the applicable limit of liability as respects eadl occurrence. the limft of Habit tty stated in tbe d~larations as -aggregate- shall be the total limit of the Company's Ha-btl ity for
all damages sustained during ea~h annual period of this pelfey because of (1) personal injury and property damase arising out of the completed operat10f1s bazardand products bazard, combined; or (ii) advertising wheftever occurring by whatever medIa. Oft account of, all occurrences; or (111) 1fl:1111"1 .rbing out of any hazard. other ~Jlan as described 1n (i) and (1t). to ~ich the underlying policy affords coverage subject to an aggregate Haft to which this pol1cy also
applies. All other teras and conditions of the policy
reu1n the same and unchanged.
PS109121
COUN:TERSIGNATURE OF AUTHORIZED AGENT.
FIREMAN"S FUN~t~~~~E
AS NAMED IN THE
COMPANIES
poLicy
.~.
-. {' -
4- ~
to.x
~-p--:-: -_
PRESIDENT
..180001---1
~s
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 278
Page 258 of 272
Page ID#:
Expires
o Noon 02-01 ,19 This binder is issued to extend.';~overage in the above named company per expiring policy #3 XLX 1370769
12:01 am
" (except as noted below)
I,1E AND MAILING
ADDRESS
OF INSURED
Description of Operation/Vehicles/Property
WACKER SILTBONIC CORPOBATIOli

P. O. BoX 03180
Portland,
Oregon 97203
Type and Location of Property
Coverage/Perils/ Forms
Amt of Insurance
Oed.
Type of Insurance
Coverage/ Forms Bodily Injury Property Damage Bodily Injury & Property Damage Combined
Limits of Liability Each Occurrence

$ $
o Scheduled Form 0 Comprehensive Form, o Premises/Operations o Products/Completed Operations o Contractual u Other (specify below) o Med. Pay. $ $ o Personal Injury DA DB o Liability 0 Non-owned o Hired o Comprehensive-Deductible $ o Collision-Deductible o Medical Payments $ o Uninsured Motorist $ o No Fault (specify): o Other (specify): o WORKERS' COMPENSATION - Statutory Limits (specify states below)
Per
Aggregate
$ $
$ $ $
$ $ $
Person
Per
Accident
oC
Personal Injury Limits of Liability Bodily Injury (Each Person) Bodily Injury (Each Accident) Property Damage Bodily Injury & Property Damage Combined
EMPLOYERS''LIABILITY ,- Limit
:CIAL CONDITIONS/OTHER COVERAGES
$15,000,000 Excess of $5,000,000 Excess ~f Underlying L1m:1ts Umbrella Liability

~
..
IE AND ADDRESS
OF
MORTGAGEE
LOSS
PAYEE
A:tlD"L
INSURED
LOAN "
NUMBER
"
Case 3:11-cv-01493-ST
...;R' ROLLINS'
Document 1-1
/'
BURDICK PTlNTER
Filed 12/09/11 279
Page 259 of 272
Page ID#:
POOL COM.
CODE NO.
~O~'MABKET~Ur.Lr G
PORT~D, Om:ool'i-->97201
: '15%
IQgGRANITE STATE NEW HAMPSHIRE
INSURANCE INSURANCE
COMPANY COMPANY
c. V. STARR
UNDERWRITING
&
CO.
PORTLAND CHICAGO
MANAGERS
LOS ANGELES
UMBRELLA LIABILITY POLICY DECLARATIONS Renews __
6_5_8_3_-_0_2_1_9_____
/
Policy Number
6584
AND
1229
ITEM Ha) Named Assured:
WACKER CHEMICAL CO. (A HOLDING CO.) WACKER SILTRONIC CORP.
(b) Address of Named Assured: P.O.
BOX 03180 PORTLAND,OREGON 97203
This Declaration page, with policy provisions and endorsements, if any, issued to form a part thereof, completes the above numbered Umbrella Liability Policy. TEM 2 Policy Period: From JANUARY 1, 198/' To JANUARY 1, (12:01) A.M. Standard Time at the Address of the Named Assured Stated Above. Limit of Liability - as Insuring Agreement II. (a) Limit in all in respect of each occurrence (b) Limit in the aggregate for each annual period where applicable (c) Self Insured Retention ITEM 4 ITEM 5 ITEM 6 ITEM 7 1985/
ITEM 3
$ 5,000,000./ $, 5,000,000. $ 10,000.

.
/
/
Notice of Occurrence (Condition G) to: C.V. Starr & Co., Currency (Condition Q): U.S. Dollars Payment of Premium (Condition Q) to: C.V. Starr & Co., Premium Computation: Rating Basis
THREE EMBARCADERO CENTER SAN FRANCISCO, CA. 94111
THREE EMBARCADERO CENTER SAN FRANCISCO, CA. 94111 Rate
Estimated Exposure
Estimated Premium
FLAT
FLAT . XIlIii'PiH HP rem,/" Minimum Premi~
$
Audit Period
$2,750.00
$ 2,750.00
NONE
MARCH 20, 1984

ERB/MLV
C.V. STARR.
co.
Case 3:11-cv-01493-ST
Sf,Jc
Document 1-1
Filed 12/09/11 280
Page 260 of 272
Page ID#:
)ULE OF UNDERLYING
INSURANC
.ttached to and Forming Part of Policy No. 6584-1229' ~ued To WACKER CHEMICAL Type of Policy Or Coverage
Date
CO.
(A HOLDING
CO.) AND WACKER
JJ:\NUARYi, 1984 SILTRONIC CORP.

Limits of Liability
Bodily Injury Liability ;omprehensive General Jability

$
WAUSAU INS. CO. '2325 000 39640
$ $

$
Combined Single limit
$ 1,000,000. /"
Bodily Injury Automobile Liability (OTHER)
WAUSAU
INS. CO. 42325 002 39640 INS. CO. #2335 000 39640
$ -$
~XAS ONLY - WAUSAU
Property Damage $ each occurrence
Coverage and Employers Liability Employers Liability
WAUSAU ~
INS. CO.
$ ...,/./
~.
100,000.
each accident
NURSE'S
MALPRACTICE
(ST. PAUL INS. CO. i587JF5126) BI/PD
$ 500,000.~ER PERSON/ $ 1,500,000. AGGREGATE

$ 1,O~O,000.
COMP. GENERAL LIABILITY (FOREIGN) PACIFIC INDEMNITY iGLP857308285S

Primary Coverage Provides: .Products/Completed Operations Broad Form Property Damage L10yds Bureau Personal Injury Fire Legal liability Sto Ga Liabilit
COMBINED"""""'" SINGLE LIJlIT

Yes
No
No
Blanket Contractual Liability ~Ylalpractlce Water Craft Liability . Employees As Additional Assureds Employee Benefits Liability Other Bost Li or Liabilit
:X... ~H~aLzaa~ro~~~_, urse~s ~C . uU ." .. " IN
Ef o
x
o o
o o o
_
c.v. STARR
8&
Underwriting Maneg8rS
co.
By
Case 3:11-cv-01493-ST
"
. __ . p.- .---
Document 1-1
'., -:.
Filed 12/09/11 281

NO.1
Page 261 of 272
Page ID#:
NDORSEMENT
III IS
BEREnT UNDERSTOOD AND AGREED '1'BAT WAexER. ClmMIE GmbH ARE ADD~D AS ADDITIONAL
GmbH ASSUREDS,
AND WA.CX:ER CHEMI~RONIC
TliEIR INTERESt'
APPEARS
IN WACKERSILTRONIC CORP. AND ITS

#
HOLDING COliPAlJY, COVERAGE -rHAN IS

ANY UNDERLYING
WACJCER CUEMICAL CO.

AVAILABLE
Btrl' NOT FOR BROADER

ASSUREDS
'1'0 SUCH ADDI'l'IOtiAL

'!'HE
UNDER
INSURANCES AS SET OUT IN
SClIEDULE.
All other terms and conditions Eflectivedate
remain
unchanged
ofihis:'endorsemenlis: port of No.
JA!lUARY
1,' 1984 .
INSURANCE
CO.
Attached to and forming '\Sued to:
658.-] '29 CO.,

.. ,.
INS~.. RANCE COMPANY J
WACKERCBEMICAL
ft AL
C. V. STARR
& CO. Underwriting Managers _
MARCH 20, 1984

u , ".v.
ENDT.
'1
By
'1'.'
Exhibit A Order by 37589 (1/831 Page 261 of 272
Case 3:11-cv-01493-ST
Document 1-1
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NO. 2
Page 262 of 272
Page ID#:
ENDORSEMENT
I'f IS UHDERSfJ:OOD
AND AGREED '1"BATTHIS POLICY SHALL HOT APPLY
ro
LIABILITY OF ESK CORPORA-TZOR.
remain
unchanged
Effective. dQte of this e~~orsemen"~~:JAHtJARY Attached to and forming Issued to: port of No ..
.i~1.984
ET
AL
, ,-'
6584-1229
CO..
DGRANITE
WACEER omMICAL
C. V. STARR & CO. Underwriting Managers By .,........ _

Order bV 37589 (1/83) Exhibit A Page 262 of 272
Oah~tf.
MARCH 20, 1984
EimT
2.
na'7.
('fEV. , ,
BROKERS COpy,
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 283

NO.
Page 263 of 272 3

.;
Page ID#:
ENDORSEMENT
.j
fOLLOWING
FOBH CA.RE, CUSTODY OR COl'iTIOL
EXCEPT DiSOFAll AS COVERAGEIS AVAILABLE TO 'mE ASStmED IN TIm IHSUlANCES AS SET OUT IN mE A'l"tACBED SanmuLE. APPLY 'lO LIABILITr OTBEBS tmIt:& Di mE OF mE CAU. ASSlmED lO!. nus
Uh.'DiRLYDiG
POLICY snALL ROT
LOSS oa DAMAGE TO PROPEaTr OF OF mE ASSUUD.
CUSTODY OB. CONnOL
All other
terms
and conditions
remain is: \
unchanged
Effecli~~~'~bt.e of this e.~ci~r~e,:"enl Attached Issued to:

10
JANUARY1, ~984
NEW HAMPSHIRE STATE
INSURANCE CO. INSURANCE COMPANY
and forming
port of No.
6584-1249
CO., ET AL
By
UGRANITE
WACKER CHEMICAL
C. V. STARR & CO.
Underwriting Managers _
HARCH20, 1984
&21'''.
ENDT. '3
twv.
t17'l
BROKERS COpy
Exhibit A 37589 (11831 Order by Page 263 of 272
Case 3:11-cv-01493-ST
Document 1-1
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NO.
Page 264 of 272
Page ID#:
~,
)
ENDORSEMENT
CANCELLATION AIL OTBDS
.IT IS HU.DJ mlnDSTOOl) AlID AG1tD THAT. .J:XCEPT FOR liONPAnmft OF Aft
PimUH. 'tU.00Ml'An' m PIOVlD! SIm
(6P)
DAYS BOTlCE
b 'tIS EVDT OF CAHCItoLl"tIOK.
.,
All other terms and conditions. remain. unchanged Elfe~tived~te ofthi~ e~do~seinent is:
JAHUA..Rt'
1,~98'
NEW HAMPSHIRE INSURANCE CO. GRANITE STATE INSURANCE COMPANY C. V. STARR & CO. UnderWriting Managers.
.,.. ........
Allached to and forming
part of No.
.&51&-1229.
XI
/
un,,, CIt.v. "".1
... i
Case 3:11-cv-01493-ST
"
.-..
,
Document 1-1
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NO.
Page 265 of 272
Page ID#:
ENDORSEMENT
.'
-PAY ON BEHALF OF- ENDORSEMENT:
I'!' IS tmDE~OOD AltO AGREED THAT SE~Icm 1, COVERAGEOF INSURING AGR1ZMEL'IITS, n AME..,'iDED'1'0 JmAD AS P'OI..I.OWS I
1.
COVERAGE.
'tHE COMPANY HEREBY AGREES,
ACCORDING
IfO
~liE TERMS AND CONDITIONS BUT SUBJECT TIONS EEREDlAF'l'ED. MENTIONED,
ro
'1'ltE LDUTA-
aro
PAY ON BEHll.!" OF !'BB
ASSURED FOR ALL
SUNS WHICH 1'HE ASStJRED SHALL BE
OnLIGATlm !'O PAY BY BEASON'
OF '!"HE
LIABILITY
'
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",.",
;.~
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All other
terms
and conditions' Ihis endor~ement forming
remoin is:
unchanged
Effecliv~"~ci'le'of Allached Issued

10:
'JAliW\RY 1, ~'840 658"-1229

CO., ft AL
By
NEW HAMPSHIRE
INSURANCE INSURANCE
CO. COMPANY
10 and
parI of No.
Ii GRANITE
STATE
WACJCER CHEMICAL
C. V. STARR
MARCH 20,
lSU
. EHDT. IS'
BROKERS COpy
ExhibitbyA37589 (1/83) Order Page 265 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 286

NO.
Page 266 of 272

,.Po
Page ID#:
,-'
ENDORSEMENT
7. ,-
:t~ rs
URDEBS-r'OOD AND AGREED EXCLUSION
-G-
(AIBCRAft
PBOOUClS) 1:5 DELETED IN :ITS ENTIRETY.
'.
'
All other terms' and conditions Effecti~~date
remain is:
unchanged
01 this e')dorseme.nt port
tTAHuARY 1, 1984' 6584-122'
o
~
~EW HAMPSHIRE.INSURANCE GRANITE STATE INSURANCE
co.
COMPANY
Attoched to and forming Issued to:'
01 No.
C. V. STARR & CO.
MARCH 20,198-1"'.:
...
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BROKERS COpy
Exhibit A 37589 (1183) Order by Page 266 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 287

NO. ,
Page 267 of 272
Page ID#:
ENDORSEMENT
POLLOWXNG FORM ENDORSEHEN'l'
NO'rKInISTANDING IT IS
ANYniING
COU'rAINED
UEREDl
ro
THE CONTRA.RY I
HEREBY tlNDERSTOOD AND AGREED ... 1lAT WHERE. SClIEDULED INSURANCE IS G~R
""RI'I'TEN
tmnBRLYING PROVIDING
UNDER 'tERMS AND CONDITIONS TO ~ ASSURED THIS INSURANCE
PRO'l'ECTION OR INDEMLiITY ABD CONDITIONS

OF !'HIS
rdAH 'tIm DRMS SHALL
POLICY.
PAY ON BEHALF OF
-nm
ASSURED
UPOIi
'.t'Jm SAME fiRMS.

t1NDERLYDlG
CONDIlfIONS INSURANCE,
INSURANCE
AND LDU"1'ATIOUS BUT WHEnE 60
OF '1'1lE APPLICABLE
UNDERLYDiG INSURANCE EXIS'rS.,

OF TlIE ASSURED UPON TIm
TUIS
TERMS,
SHALL PAY ON BEHALF AND LIMITM'IONS
CONDITIONS
FORM,
.OF 'tHE ATTACH&D UMBRELLA POLICY .. 'rBERE!'O.
AND/ORAMENDHENTS
OR ENOORSEMElf'rS
All other
_~.: ;{',; . -.
terms
......
and conditions
,;>'.
remain is:
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,_7;.
- :.';" '.~,-:',
EffeCliveda-te Alloched Issued to:
of this eridors~menl
JANUARY 1.
1984 ' [] NEW
HAMPSHIRE STATE
INSURANCE INSURANCE
CO. COMPANY
to and forming
port of No.
658.-1229
CO., BT AL
fXGRANITE
WAClCER CH1U1XCAL
C. V. STARR & CO.
HAttCJl20,
1.984
END'l'.
Ii
By_-..;..-'--
RIU")I(FRS COPY
Exhibit A 37589 (1/83) Order by Page 267 of 272
,.
Case 3:11-cv-01493-ST
Document 1-1
,.~:.
Filed 12/09/11 288

NO. 8
Page 268 of 272
Page ID#:
..
ENDORSEMENT
IT IS UNDERSTOOD AND AGREED EXCLUSION AS FOLLOWS ~
- H-
IS
AMENDED
ro
READ
DIS H.
--::.
POLICY SHALL DOO' APPLY:
ro ANY LIABILITY ARISING Ot11' OP 'tHE VIOLATION OP ANY STATUTE, LAWI ORDINANCE OR REGULA'tIOS PROliIBIlfING DISCRIMINATION OR RUMILIATIOB BECAUSE OF RACE, CREED, SEX, AGE, COLOR, OR NATIONAL ORIGDi
:-;~;,~
. - '
:'-
-i""-.
.-'"!-.
All other terms and conditions Effecti~e daie of this endor;~menl

. .... ....
remain is:'.
unchanged
'.
JAN11ARY'l,
198.'0
NEW HAM'PSHIRE IX GRANITE STATE
INSURANCE INSURANCE
CO. COMPANY
A"oched Issued to:
to and forming
port of No.
6584-1229
WACUR. CHEMICAL CO., B'1' AL

By
C. V. STARR
HARCH20, 1984
.0
END'l.
'8
u.n. I"av. ',nl _
BROKERS COPY,
Exhibit A37589 (1/831 Order by Page 268 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 289
Page 269 of 272
Page ID#:
'. .' quished to .oth~rs' by th~ Naft t ~sured or by others .trading in his name,,;ip - <iU~ha9cu~~nG~ 06urs .away frQm pr~mises ~~ed, renteo 0 .ltrolled by the Named Assured; providtl!. _,;h goods o'r produc.ts Shalloe .. deemed to irlclude ahy container mereof, other than a vehicle, but shall not include any vendin9 machine or any property, other than such container, rented to or located for use of others but not sold', '. (b) Liability arising out of operations, if the occurrence occurs after such operations have been completed or abandoned, and occurs away from premises owned, rented or controlled by the Named Assured; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this paragraph: (i) pick-up or delivery, except from or onto a railroad car, (ii) the maintenance of vehicles owned or used byor on behalf of the Assured, (iii) the existence of tools, uninstalled equipment and abandoned or unused materials ..
10. ANNUAL PERIOD. The term "each Annual Period" shall mean each consecutive mencing from the inception date of this Policy.
period of one year com-
11. AIRCRAFT PRODUCTS. "Aircraft Products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Assured orby others trading under the Assured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and service~ and labor relating to aircraft products. . 12. GROUNDING. "Grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more Aircraft from flight operations because of a like condition or suspicion thereof in two or more such Aircraft whether such aircraft so'withdrawn are owned or operated by the same or different persons, firms or corporations. A grounding shall be deemed to commence on the date of an accident or Occurrence which discloses such condition, or on the date an Aircraft is first withdrawn from service on account of such condition, whichever first occurs.

EXCLUSIONS:
A to any obligation for which the Assured or any company as its insurer may be held liable under any Workers'
Compensation, unemployment compensation or disability benefits law provided, however, that this exclusion does not apply to liability of others assumed by the Named Assured under contract or agreement; B. to claims made against the Assured: 1. 2. 3. for repairing or replacing any defective product or produCts manufactured, sold or supplied by the Assured or any defective part or parts thereof, nor for the cost of such repair or replacement; for the ioss of use of any such defective product or products or part or parts thereof; for improper or inadequate performance, design or specification; but nothing herein contained shall be construed to exclude claims made against the Assured for personal injuries or property damage (other than damage to a product of the Assured) resulting from improper or inadequate performance, design or specification; failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sare or advertised, but this shall not relate to titles of slogans; incorrect description of any article or commodity; mistake in advertised price;
C. with respect to advertising activities, to claims made against the Assured for: 1. 2.
3. 4.
D. except in respect to occurrences taking place in the United States of America, its territories or possessions, or Canada, to any liability of the Assured directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war. rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalization, requisition, destruction of, damage to property by or under the order of any government or public or local authority; E. to any claim based upon the Assured's failure to comply with the federal "Employee Retirement Income Security Act of 1974", or any amendment thereto; F. to any claim for personal injury or property damage arising out of the discharge, dispersal, rele':ls~ or escape of smoke, vapors. soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials. othe~ IITItants,.contaminants or pollutants into or upon lands. the atmosphere or an.ywatercourse or bo.dy of water; but thiS exclUSion does not apply if such discharge, dispersal, release or escape IS sudden and aCCidental; G. to any claim for personal injury or property damages arising out o! Air~raft Products an~/or all sums ~hich any assured shall become legally obligated to pay as damages resulting In or from grounding of any aircraft; H. to any liability arising out of the violation of any statute, I~w, ordi.n~nce or regulation prohibiting discrimination humitiation because of race, creed, sex, age, color, natIonal ongln or sexual preference; Page 4 or
Except to the extent that coverage is available to the Assured in the underlying insurances as set out in the attached Exhibit A
Page 269 of 272
. .' .' .
. liability Jor P.el'S.C?n~l. tnju.ry ~r .J~~th resultin~ from any290 alleg~d to be ass~.u~tand battery I:ornmitted lor tHe . a~t ..purpbs~ of "reventlng or ehmlng danger In the operation of aircraft, or for t ")urpose of.~reventinf) personal injury or property gamage; it be.__ 'understood and agfeed that this exclusion -' _&11 a~ply t6 t~e Iiaoitity of the not Named Assured for pE!rsonal injury to their employees, unless such liability is already excluded under Exclusion A above: J. with respect to any aircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them: it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion A above; K. with respect to any watercraft owned by the Assured. while away from premises owned, rented or controlled by the Assured, except liability of the Named Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to theiremployees, unless such liability is already excluded under Exclusion A above; L. to any employee with respect to injury to or the death of another employee of the same Employer injured in the course of such employment. M. to punitive or exemplary damages awarded against any Assured.
Case 3:11-cv-01493-ST Document 1-1 Filed J.. to liab~lityof any Assuredtler6t ["(:jer for assault and t;>attery 12/09/11 arl"~ direction of such Assured except ' COmmitted Dyor Page 270 of 272 Page ID#:
NUCLEAR INCIDENT EXCLUSION CLAUSE LIABILITY -
DIRECT (BROAD)
THIS POLICY DOES NOT APPLY TO ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE:
1. with respect to which an Assured under the policy is also an Assured under a nuclear energy liability policy
issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Assured under any such policy but for its termination upon exhaustion of its limit of liability; or resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) the Assured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or ' resulting from the hazardous properties of nuclear material, if (a) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an Assured or (ii) has been discharged or dispersed therefrom; or (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Assured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Assured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this sub-paragraph (c) applies only to injury t6 or destruction of property at such nuclear facility. As used herein "hazardous properties" includes radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub-paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (i)separating the isotopes of uranium or plutonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Assured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operation; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction orto contain a critical mass of fissionable material; with respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property; 4. with respect to the liability arising outside the United States of America, its Territories or Possessions, Puerto Rico or the Canal Zone, to any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination Dy radioactivity trom any nuclear fuel or trom any nUClear waste from the combustion of nuclear fuel. 3.
2.

Page 5
Case 3:11-cv-01493-ST
Document 1-1
8. AD~1TI0~A~ASSUR'EDS.~ .",~ event of . lying Insurances durillg currency II If,prompt notice-sheill be given to the Co{,i' ....,y beteon and, if an additional pre.- mium has'been ~,ar~ed'for such atJultion on the Under-lying Ins\Jrances, the cd ;ny shall be entitled to ~harge an . appropriate additional premium hereon. . C. PRIOR INSURANCE NON CUMULATION OF LIABILITY. It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy issued to the Assured prior to the inception date hereof, the limit of liability hereon as stated in Item 3 of the Declarations shall be reduced by any amounts due to the Assured on account of such loss under such prior insurance. Subject to the foregoing paragraph and to all the other terms and conditions of this policy, in the eventthat personal injury or property damage arising out of an occurrence covered hereunder is continuing at the time of termination of this policy, the Company will continue to protect the Assured for liability in respect of such occurrence without payment of additional
I, I
Filed 12/09/11 Page 271 of 272 Page ID#: 291 additional assureds being ad4A to the coverage under the ,l.Jnder-
premium. D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE. As regards personal injury (fatal or nonfatal) by occupational disease sustained by any employee of the Assured, this policy is subject to the same warranties, terms and conditions (except as regards the premium, the amount and limits of liability and the renewal agreement, if any) as are contained in or as may be added to the underlying insurances prior to the occurrence for which claim is made hereunder. E. INSPECTION AND AUDIT. The Company shall be permitted, but not obligated, to inspect the Assured's property and operations at any time. Neither the Company's right to make inspections, nor the making thereof, nor any report thereon shall constitute an undertaking on behalf of, or for the benefit of, the Assured or others, to determine or warrant that such property or operations are safe and healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Assured's books and records at any time during the policy period and extensions thereof, and within three years after the final termination of this policy or within one year after final settlement of all claims arising out of personal injury or property damage which occur during the period of this policy as far as they relate to the subject matter of this insurance. F. CROSS LIABILITY. In the event of claims being made by reason of personal injuries, suffered by any employee or employees of one Assured hereunder, for which another Assured hereunder is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. In the event of claims being made by reason of damage to property belonging to any Assured hereunder, for which another Assured is, or may be liable, then this policy shall cover such Assured against whom a claim is made, or may be made, in the same manner as if separate policies had been issued to each Assured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability as set forth in Insuring Agreement II. G. NOTICE OF OCCU RRENCE. Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages, which, in the event that the Assured should be held liable, is likely to involve this Policy, notice shall be sent as stated in Item 4 of the declarations as soon as practic.:1ble, provided, however, that failure to give notice of any occurrence which, at the time of its happening, did not appear to involve this policy but which, at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. H. ASSISTANCE AN D CO-OPERATION. The Company shall not be called upon to assume charge of the settlement or defense of any claim made, or suit brought, or proceeding instituted against the Assured, but the Company shall have the right and shall be given the opportunity to associate with the Assured or the Assured's underlying insurers, or both, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company; in which event the Assured and the Company shall cooperate in all things in the defense of such claim, suit or proceeding. I. APPEALS. In the event, the Assured orthe Assured's underlying insurers elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at their own cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto; but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in Insuring Agreement II for anyone occurrence, and in addition the cost and expense of such appeal. J. LOSS PAYABLE. Liability under this policy with respectto any occurrence shall not attach unless and until the Assured, orthe Assured's underlying insurer, shall have paid the amount of the underlying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Company may be liable under the policy within twelve (12) months after the Assured shall have paid an amount of ultimate net loss in excess of the amount borne by the Assured or after the Assured's liability shall have been fixed and rendered certain, either by final judgment against the Assured after actual trial or by written agreement of the Assured, the claimant, and the Company. If any subsequent payments shall be made by the Assured on account of the same occurrence, additional claims shall be made similarly from time to time. Such losses shall be due and payable within thirty (30) days after they are respectively claimed and proven in conformity with this policy. K. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Assured or any entity comprising the Assured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. L. OTHER INSURANCE. If othervalid and collectible insurance with any other insurer is availabletothe Assured covering a loss also covered by this policy, other than insurance that is in excess of the insurance afforded by this policy, the insurance afforded by this policy shall be excess of and shall not contribute with such other insuranc Nothing herein shall be construed to make this policy subject to the terms, conditions and limitations of other insuranc, M. SUBROGATION. Inasmuch as this policy is "Excess Coverage", and the Assured's right of recovery against any person or other entity cannot be exclusively subrogated to the Company, it is, therefore, understood and agreed that in case of any payment hereunder, the Company will act in concert witIJ all other interests (includingExhibit A the Assured) conPage 6
Page 271 of 272
Case 3:11-cv-01493-ST
Document 1-1
Filed 12/09/11 292
Page 272 of 272
Page ID#:
cer.Fled,in't~e.exerqise of S~Ch rig~"--ecovery. The apportio"ning of any amou~,~ '~ich rrT?Y so rec9vered shall b~ follow the principle that any interests (It. jing the Assured) that shall have paid all ak ;'.;,"lroverand abGveC!nypayn:enl' . hereunder,shall fir~tb~ reimbursed up to the amount paid by them: th~ Company is then to be reimbvrsed out of any balance then remaining up to the amount paid hereunder; lastly,the interests(including the Assured) of w~om ihis'coverage is excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interests (including the assured) concerned, in the ratio of their respective recoveries as finally settled. N. CHANGES. Noticeto or knowledge possessed by any person shall not effect a waiver or change in any partof is policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this .-,olicy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company. O. ASSIGNMENT. Assignment of interest under this policy shall not bind the Company unless and until their consent is endorsed hereon. P. CANCELLATION. This policy may be cancelled by the Named Assured or by the Company by mailing written notice to the other party stating when, not less than thirty (30) days thereafter, cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Assured at the address shown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Assured or by the Company shall be equivalent to mailing. It is agreed that, irrespective of any other terms or conditions contained in this policy or endorsements attached thereto, this policy may be cancelled by the Company for non-payment of any unpaid portion of the premium by delivering to the Named Assured or by sending to the Named Assured by r!3gistered mail, at the Named Assured's address as shown herein, not less than ten (10) days written notice stating when the cancellation shall be effective. If this policy shall be cancelled by the Named Assured, the Company shall retain the customary short rate proportion of the premium forthe period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice.
R. CONFLICTING STATUS. In the event that any provision of this policy in unenforceable by the As~ured under the laws of any State or other jurisdiction wherein it is claimed that the Assured is liable for any injury covered hereby, because of non-compliance with any statute thereof, then this policy shall be enforceable by the Assured with the same effect as if it complied with such Statute. S. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full force during the currency of 'lis policy except for any reduction of the aggregate limit or limits contained therein, solely by payment of claims in spect of accidents and/or occurrences during the period of this policy. Failure of the Assured to comply with the Jregoing shall not invalidate this policy; but in the event of such failure, the Company shall only be liable to the same extent as they would have been had the Assured complied with the said condition.
Secretary C. V. STARR & CO.

President
Page 7
Case 3:11-cv-01493-ST
Document 1-2
Filed 12/09/11
Page 1 of 41
Page ID#: 293
fILE CVpy
FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED June 23, 2003
Wausau Insurance Companies PO Box 8017 Wausau WI 54402-8017 and Wausau Insurance Companies c/o CT Corporation System, Registered Agent 388 State St Ste 420 Salem OR 97301-0000 Kemper Insurance Company One Kemper Drive Long Grove IL 60049-0000 and Kemper Insurance Company c/o Corporation Service Company, Registered Agent 285 Liberty St NE Salem OR 97301-0000
Allianz Insurance Company PO Box 7780 Burbank CA 91510 and Allianz Insurance Company c/o CT Corporation System, Registered Agent 388 State St Ste 420 Salem OR 97301
CHRISTOPHER
L. REIVE
Admitted
Oregon and Washington
Direct Dial
503.598.5544
E-mail
chris .reive@jordanschrader.com
Re:
Tender for Insurance Coverage Our Client: Wacker Siltronic Corporation Our File No. 46454/29619
Ladies and Gentlemen: This letter tenders our client's, Wacker Siltronic Corporation ("Wacker"), claims for defense and indemnity arising from claims and losses Wacker has and will sustain investigating and remediating hazardous wastes contaminating soil and groundwater at its property located at 7200 NW Front Avenue, Portland, Oregon ("Property").
H
I.'''.
40 'I.;ji
We are informed that Wausau Insurance Companies, also known as Wausau Business Insurance Company, Wausau General Insurance Company, Wausau Underwriters Insurance Company (collectively "Wausau"), issued numerous Comprehensive General Liability ("CGL") and other insurance Exhibit B policies to Wacker over the years as noted below. Allianz Insurance
Page 1 of 41
PO
Box 230669
Portland,
OR 97281
Phone
5C35937070
Fax
5035987373
Te,1
Free
8035987070
www.jordanschrader.com 296/9 060a db /tr.doc\srm/06/~J'OJ-4f
Case 3:11-cv-01493-ST
Document 1-2
Filed 12/09/11
Page 2 of 41
Page ID#: 294
JORDAN SCHRADER PC
Company ("Allianz") and Kemper Insurance Company, also known as Kemper Casualty, Kemper Employers and Kemper Independence Insurance Company (collectively "Kemper") also issued property and other insurance policies to Wacker. The policies include but are not limited to:
Policy Term
Carrier
Policy No.
Type of Coverage General Liability Property General Liability General Liability Property Property Property General Liability Property Property Property General Liability Property Property Property General Liability Property General Liability Property General Liability Property Exhibit B
Page 2 of 41
8/17/78-79 11/1/78-6/1/80 8/17/79-80 1/1/80-81 6/1/80-81
Wausau Wausau Wausau Wausau Wausau Kemper Allianz Wausau Wausau Kemper Allianz Wausau Wausau Kemper Allianz Wausau Wausau Wausau Wausau Wausau Wausau
2320 00 039640 236003039640 2320 00 039640 2321 00 039640 2363 05 039640 OZF003408 AFS 103017 2322 00 039640 2363 05 039640 OZF003408 AFS 103017 2323 00 039640 2363 05 039640 OZF003408 AFS 103017 232400039640 2366 07 039640 2325 00 039640 2366 07 039640 2326 00 039640 2366 07 039640
1/1/81-82 6/1/81-82
1/1/82-83 6/1/82-83
1/1/83-84 6/1/83-84 1/1/84-85
1/1/85-86
296/9 OiYJa db Itr.docurmJ06/23/03-4j
Case 3:11-cv-01493-ST
Document 1-2
Filed 12/09/11
Page 3 of 41
Page ID#: 295
JORDAN SCHRADER PC
Wacker hereby requests that Wausau, Allianz and Kemper each search its files for any and all insurance policy numbers, copies and terms of policies issued to Wacker. If you possesses any policies (or other documents evidencing coverage) issued at any time to Wacker, Wacker requests full and complete copies of each of those documents. Wacker provides the following factual summary in support of this tender of claims and demand for coverage.
BACKGROUND
Wacker acquired real property located 7200 NW Front Avenue in Portland, Oregon (the "Property") from the City of Portland Development Commission ("PDC") in 1978. The PDC had acquired the Property from individual investors as part of an overall economic development program sponsored by local and state authorities. The Property is located in northwest Portland, Oregon, on the southwest shoreline of the Willamette River. It covers approximately 85 acres and is accessed via Front Avenue, in Multnomah County. It is zoned "Heavy Industrial" and is surrounded on three sides by industrial properties including Northwest Natural Gas Company, Adventis Crop Science, ESCO Corporation, and Atofina, all of which are conducting environmental investigations of their respective properties. Wacker has constructed offices, a warehouse, manufacturing buildings and paved parking areas on the Property and has operated continuously since 1980. Wacker's operations focus primarily on the manufacture of silicone wafers. This work occurs within two separate facilities on the Property (Fab 1 and Fab 2). Fab 1 has been in operation since March 1980; Fab 2 began operation soon after it was constructed in 1995. Production support activities on the Property include administration, facility and equipment maintenance, product warehousing, and attendant pollution control including air contaminant control equipment and a process wastewater treatment facility. As mentioned above, the Property is located on the Willamette River in northwest Portland, Oregon. As a result, it is located adjacent to the Portland Harbor National Priorities List (1\rpL) area, a six-mile section of the
Exhibit B Page 3 of 41
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JORDAN SCHRADER PC
Lower Willamette River. In October 1997, the U.S. Environmental Protection Agency (EPA) began sediment sampling within the Portland Harbor, initially collecting 150 sediment samples. All sediment samples collected were analyzed for selected total metals, semi-volatile organic compounds including polycyclic aromatic hydrocarbons (P AHs), total organic carbon, and grain-size. Selected sediment samples were analyzed for polychlorinated biphenyls (PCBs), titanium, organotins, pesticides and chlorinated herbicides. Based on the analytical results from those sediment samples, in July 2000 the EPA proposed that the Portland Harbor be added to the Federal National Priority List. In December 2000, the Portland Harbor was placed on the NPL. Based upon data from the sediment samples collected offshore of the Wacker site which demonstrated the presence of certain inorganic analytes and PAHs, Oregon's Department of Environmental Quality ("DEQ") concluded that the Property may be a source of contamination in the Willamette River sediments. DEQ subsequently recommended the site for a Remedial Investigation and Feasibility Study ("RIfFS"). DEQORDER On October 4,2000, DEQ's then Director issued a joint Order to Wacker and it neighbor, Northwest Natural Gas, requiring remedial investigation and source control measures on the Property. That Order (DEQ Order No. ECVC-NWR-00-27, the "DEQ Order") is attached hereto and incorporated herein as Exhibit "A." Among the findings of fact contained in the DEQ Order are: Subsurface petroleum or tar has been encountered on the Property. Groundwater samples collected at the Property were found to contain benzene, PAHs, cyanide and lead at concentrations above federal drinking water maximum contaminant levels. Soil samples collected from geotechnical borings at the Property were found to be saturated with a black, oily viscous substances which tested positive for PARs. Groundwater samples collected at the Property were found to contain benzene and total petroleum hydrocarbons in excess of Exhibit B maximum contaminant levels.
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JORDAN SCHRADER PC
Among the conclusions of law contained in the DEQ Order are: The contaminants described in the findings of fact are "hazardous substances" within the meaning ofORS 465.200(15). The presence of such hazardous substances in soils, groundwater and sediments at or near the Property is a result of a "release" into the environment within the meaning ofORS 465.200(21). The Property and adjacent contaminated sediments are a "facility" within the meaning ofORS 465.200(12). Wacker is a "person" within the meaning ofORS 465.200(20). As a current or past owner or operator of a facility, Wacker is strictly, jointly and severally liable under ORS 465.255 and, therefore, may be required by DEQ to conduct any removal or remedial action necessary to protect public health, safety and the environment pursuant to ORS 465.260(4).
Accordingly, DEQ ordered Wacker and Northwest Natural Gas to jointly perform a remedial investigation. Wacker has formally denied many of DEQ's [mdings and conclusions and, until recently, has demanded that Northwest Natural Gas conduct the work required by the DEQ Order subject to an access agreement that has been negotiated between the parties for that purpose. Northwest Natural Gas has complied to date. However, the recent discovery of chlorinated solvents in groundwater below the Property and concerns expressed by DEQ and EPA about the significance of this contamination to the environmental condition of the Portland Harbor and groundwaters of the State have caused Wacker to take a much more active role in the remedial investigation. As a result, Wacker has spent and expects to continue to spend considerable sums of money to comply with DEQ's Order. EPA NOTICE On December 8, 2000, EPA issued to Wacker a Notice of Potential Liability ("EPA Notice"), a copy of which is attached hereto and incorporated herein as Exhibit "B." The EPA Notice declares that EPA, in cooperation with DEQ, has documented the release or threatened release of hazardous substances, pollutants or contaminants at the Portland Harbor Superfund
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JORDAN SCHRADER PC
Site. It further states that under CERCLA, 42 U.S.C. SS 9606(a) and 9607(a), RCRA, 42 U.S.c. S 6973, and other federal and state laws, Wacker is a potentially responsible party ("PRP") and may be ordered to perform response actions deemed necessary by EPA and/or DEQ to protect the public health, welfare or the environment and may be liable for all costs incurred by each government in responding to any release or threatened release at the Site. The EPA Notice also states that PRPs may be required to pay for damages to, destruction of, or loss of natural resources, including the costs of assessing such damages. Forms of the above EPA Notice were issued and delivered to many companies located adjacent to the Portland Harbor Superfund Site, and EPA subsequently negotiated and issued an Administrative Order on Consent for Remedial InvestigationlFeasibility Study in U.S. EPA Docket No. CERCLA-IO-2001-0240 ("AOC"), which many of those companies have executed. Wacker has not executed the AOC, but it is currently participating as a nonvoting member of the group that was formed to conduct the investigation and remediation of the Portland Harbor Superfund Site. Wacker is participating in this activity, in part, because of the threat of enforcement action from EPA and, in part, because of the threat of civil liability asserted by one or more members of the group. Wacker is currently the subject of an administrative action by the group to insist that Wacker execute the AOC and increase its financial participation in the ongoing investigation. Wacker is resisting this attempt, and time is of the essence in this matter. TENDER Wacker has incurred significant costs in performing a remedial investigation ordered by DEQ and in cooperating with EPA and others relating to ongoing work related to the Portland Harbor Superfund Site. To date, these costs total in excess of$450,000. Work is ongoing and the end is not in sight. Please accept this letter as Wacker's tender and demand for reimbursement of all costs incurred to date and to be incurred in response to these environmental orders and claims.
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JORDAN SCHRADER PC
As noted above, time is a factor here and we await your instruction. hesitate to call if you have any questions. Very truly yours, JORDAN SCHRADER PC
y -
Do not
.!? ~d [l--07r~
L. Reive-
stop~
Enclosures cc: Wacker Siltronic Corporation
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FORVOUR INFORMATION
TARLOW, JORDAN & SCHRADER
I
STATE OF,OREGON DEPARTMENT OF ENVIRONMENTAL In the Matter of DEQ No. ECVC-NWR-OO-27 W ACKER PROPERTY WACKER SILTRONIC CORPORATION and NORTHWEST NATURAL GAS COMPANY, Respondents ORDER REQUIRING REMEDIAL INVESTIGATION AND SOURCE CONTROL MEASURES QUALITY
Pursuant to ORS 465.260(4), the Director, Oregon Department of Environmental
Quality
(DEQ), issues this Order to Wacker Siltronic Corporation and Northwest Natural Gas Company (Respondents) . 1. Purpose The purpose of this Order is to determine the nature and extent of releases of hazardous substances to Willamette River sediments from certain property in Multnomah County, and to develop and implement source control measures to address such releases, if necessary. 2. Findings of Fact A. Respondent Wacker Siltronic Corporation (Wacker) is a Delaware
corporation registered to do business in Oregon. Respondent Northwest Natural Gas Company (NW Natural) is an Oregon corporation. B. Wacker owns real property located at 7200 NW Front Avenue in Portland
(Wacker Property), occupying approximately 85 acres along the Willamette River. The Wacker Property was once owned by the Portland Gas and Coke Company (GASCO), which operated an oil gasification plant at the Wacker Property and adjacent properties from 1913 to 1956. Wacker acquired the property in 1978. From March 1980 to present, Wacker has operated a silicon wafer fabricating plant at the property. The -general location of the Wacker Property is shown on Attachment A to this Order. Page 1 of 13 Order - Wacker Property
EXHIBIT-A
DEQ No. ECVC-NWR-00-27
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The former GASCa plant produced oil gas and lampblack briquettes.
Waste generated at the plant included tar, spent oxide, and wastewater containing dissolved and suspended hydrocarbons. Before 1941, wastewater was discharged directly to the Willamette These
River. In 1941, a series of settling or tar ponds were constructed to receive wastewater.
ponds were located on what is now the NW Natural Property and extended on to the northern portion of the Wacker Property, in areas of low elevation prone to flooding,. The tar ponds were periodically excavated and the dredged tar disposed in low-lying areas, including on what is now the Wacker Property. The exact nature and location of these disposal areas are unknown. Over time, the tar ponds were filled with spent oxide material, soil, and rubble and the consolidated materials spread over the southeastern portion of the NW Natural Property and portions of the Wacker Property. E. Subsurface petroleum or tar has been encountered before and during various
construction activities on the Wacker Property after Wacker's acquisition of the property. F. In July and August 1985, groundwater samples collected at the Wacker
Property were found to contain benzene, polycyclic aromatic hydrocarbons (PAHs), cyanide, and lead at concentrations above federal drinking water maximum contaminant levels. In July 1990, two soil samples collected from geotechnical borings at the Wacker Property were found to be saturated with a black, oily viscous substance. Total PAH concentrations detected in the two samples were 10,000 milligrams per kilogram (mglkg) and 6,100 mglkg, respectively. In OctoberExhibit B
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Page 2 of 13 Order - Wacker Property
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1990, groundwater samples collected along the utility corridor at the Wacker Property were found to contain benzene and total petroleum hydrocarbons in concentrations up to 23.3 milligrams per liter (mg/l) and 89.1 mg/l, respectively. In October 1997, Willamette River sediment samples collected adjacent to the Wacker Property were found to contain concentrations of PAHs up to 100 times baseline concentrations established for the Portland Harbor area. In July 1998, an oil sheen was observed on the Willamette River. The oil sheen originated from contaminated sediments encountered during riverbank repair activities at the Wacker Property. Total petroleum hydrocarbon analysis ofthe contaminated material detected up to 69 mg/kg gasoline, 5810 mglkg diesel, and 2970 mglkg heavy oil. G. The Wacker Property is located within a six-mile reach of the Willamette
River between Sauvie Island and Swan Island known as the Portland Harbor. A 1997 study by the U.S. Environmental Protection Agency (EPA) identified elevated levels of hazardous substances in shallow, near-shore sediments throughout the Portland Harbor. EPA has proposed the Portland Harbor for inclusion on the National Priorities List (NPL). The Portland Harbor sediments will be the subject of a remedial investigation and feasibility study conducted outside this Order under EPA and/or DEQ oversight. Hazardous substances releases at the NW Natural Property and to Willamette River sediments from the NW Natural Property are the subject of DEQ Agreement No. WMCVC-NWR-94-13, entered August 8,1994. This Order addresses sources, pathways, and
source control measures for hazardous substance releases at the Wacker Property and to sediments adjacent to the Wacker Property.
EXH 1BlT
It: ~~
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H.
Each Respondent has refused one or more requests by DEQ that remedial
investigation and source control measures be performed at the Wacker Property under consensual arrangement with DEQ. 3. Conclusions of Law and Determinations Based on the above Findings of Fact and the administrative record, DEQ determines that: A. The substances described in Subsection 2.F. are "hazardous substances"
within the meaning of ORS 465.200(15). B. The presence of hazardous substances in soils, groundwater, and
sediments at or near the Wacker Property is the result of a "release" into the environment within the meaning of ORS 465.200(21). C. The Wacker Property and adjacent contaminated sediments are a "facility"
within the meaning of ORS 465.200(12). D. 465.200(20). E. As current or past owner or operator of a facility, each Respondent is Wacker and NW Natural each is a "person" within the meaning of ORS
strictly and jointly and severally liable under ORS 465.255, and therefore may be required by DEQ to conduct any removal or remedial action necessary to protect public health, safety, and welfare and the environment, pursuant to ORS 465.260 (4). F. The activities required by this Order are necessary to protect public health,
safety, and welfare and the environment.
V'I"--ll' E_/1.1" nJ
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,-r. __ PAGEOF=;{1.
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Based on the above Findings of Fact and Conclusions of Law and Determinations, DEQORDERS: 4. Notice of Intent to Comply No later than 10 calendar days after issuance of this Order, Respondents, jointly or individually, shall provide written notice to DEQ of Respondents' Order. 5. Work to be Performed A. Remedial Investigation intent to comply with this
Respondents shall perform a Remedial Investigation (RI) in accordan~e with OAR Chapter 340 Division 122, the terms and schedules set forth in the Scope of Work (SOW) contained in Attachment B to this Order, and the terms and schedules set forth in any DEQ-approved work
plan. Once approved by DEQ, a work plan shall be deemed to be incorporated into and made a fully enforceable part of this Order. B. Source Control Measures In accordance with the SOW, Respondents shall identify, characterize, and evaluate any unpermitted discharge or migration of contaminants to the Willamette River or sediments identified in the RI, and, as necessary, develop and implement source control measures to address such releases. C. Additional Measures (1) Respondents may elect at any time during the term of this Order to
undertake measures, beyond those required under this Order and the SOW, necessary to address '\ the release or threatened release of hazardous substances at the Wacker Property. Such
additional measures (including but not limited to engineering or institutional controls and other removal or remedial measures) shall be subject to prior approval by DEQ; (2) DEQ may determine that, in addition to work specified in the SOW or an
Page 12 of 41
approved work plan, additional work is necessary to complete the RI in satisfaction of the SOW Exhibit B and OAR Chapter 340 Division 122, or is necessary to address unanticipated threats to human Page 5 of 13 Order - Wacker Property DEQ No. ECVC-~nQ-271t
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health or the environment.
DEQ may require that such additional work be incorporated into the
applicable work plan by modification and/or performed in accordance with a DEQ-specified schedule. Respondents shall modify the work plan and/or implement the additional work in accordance with DEQ's directions and schedule. D. Dredging Activities Respondents shall notify the DEQ Project Manager at least 60 days before undertaking any dredging or other activity that might disturb sediments at or near the Wacker Property. In the notice of dredging or other activity, Respondents shall: (1) evaluate the concentration of hazardous substances present in and below the affected sediments, based on sampling and analyses performed in advance of the notice; (2) document the steps to be taken to ensure that both the activity and the subsequent management and disposal of dredged spoils will be conducted in a manner protective of human health and the environment; and (3) evaluate the effect of the activity on the Portland Harbor remedial investigation and feasibility study. Dredging may proceed under existing permits subject to the above notice and the implementation of any additional dredging or management practices required by DEQ. Respondents shall also notify DEQ of and copy DEQ on any permit application to the Oregon Division of State Lands or United States Army Corps of Engineers for dredging or other activity disturbing sediments adjacent to the Wacker Property. Notwithstanding the foregoing, Respondents may conduct dredging or other activities that might disturb sediments at or near the Wacker Property without giving DEQ 60 days notice, if such activities are conducted in accordance with an effective dredging agreement between Respondents and DEQ describing the notification and sampling requirements, dredging, management, and disposal practices, and any other measures Respondents will take to ensure that all activities within the scope of the dredging agreement are conducted in a manner that is
protective of human health and the environment and consistent with harborwide remedial work. Page 6 of 13 .Order - Wacker Property
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6.
General Provisions A. Qualifications of Personnel (1) All work required by this Order shall be performed under the
supervision of a qualified environmental professional experienced in hazardous substance investigation or remediation. Within 15 calendar days of issuance of this Order, Respondents
shall provide DEQ, in writing, the name, title, and qualifications of such supervising personnel and of contractors and subcontractors to be used in performance of work. Qualifications of such personnel shall be subject to DEQ review and, at DEQ's election, DEQ written approval or disapproval. If DEQ disapproves, in writing, the qualifications of any personnel, Respondents
shall provide DEQ, in writing, the name, title, and qualifications of replacement personnel, subject to DEQ's review and approval as described above, within 15 calendar days ofDEQ's issuance of written disapproval. If DEQ subsequently disapproves the replacement personnel, DEQ reserves its right under ORS 465.260 to perform the work required under this Order and to seek reimbursement of its costs from Respondents. (2) If Respondents change supervisory or key contractor personnel
during the course of work under this Order, the qualifications of the new personnel shall be subject to DEQ review and approval in accordance with Paragraph (1) above. (3) DEQ approval of the qualifications of an environmental
professional selected by Respondents does not constitute DEQ endorsement of that professional or that professional's work product, and Respondents remain responsible for each professional's
work and work product. B. DEQ Approvals (1) Respondents shall not proceed to implement any plan or activity
required under this Order, and shall not proceed with any other investigative or remedial activity concerning hazardous substances released to the environment at or near the Wacker Property, until DEQ review and written approval of the activity is received. Any reports, plans,
EXHIBIT ~ PAGE..lOF
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specifications, schedules, or other deliverables required by the Order, upon approval by DEQ, are incorporated into this Order. Any noncompliance with such DEQ-approved deliverables shall be considered a violation of this Order. (2) After review of any plan, report, or other item required to be
submitted for DEQ approval under this Order, DEQ will: (a) (b) Approve the deliverable in whole or in part; or Disapprove the deliverable in whole or in part and notify
Respondents of deficiencies and/or request modifications to cure the deficiencies. (3) In the event of DEQ's disapproval or request for modification of a
deliverable, Respondents shall correct the deficiencies and resubmit the revised report or other item for approval within 10 calendar days of receipt of the DEQ notice or within such other time specified in the notice. (4) In the event of two deficient submittals of the same deliverable,
DEQ may modify the submission to cure the deficiencies. (5) In the event of approval or modification of a deliverable by DEQ,
Respondents shall implement the actions(s) required by the plan, report, or other item as approved or modified by DEQ. C. DEQ Access and Oversight (1) Respondents shall allow DEQ to enter and move freely about all
portions of their respective properties at all reasonable times for the purposes, among other things, of inspecting records relating to work under this Order, observing Respondents' progress
in implementing this Order, conducting such tests and taking such samples as DEQ deems necessary under this Order, verifying data submitted to DEQ by Respondents, and using camera, sound recording, or other recording equipment. (2) Respondents shall notify DEQ of any excavation, drilling,
Page 15 of 41
Exhibit B sampling, construction, and surveying to be conducted under this Order, as well as any other on-
. site activities for which DEQ requests advance notice, at least five calendar days before such Page 8 of 13 Order - Wacker Property
DEQ No. ECVC-~pAGi-~or&eL
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activity. Upon DEQ's verbal request, Respondents shall make available to DEQ a split or duplicate of any sample taken in connection with this OrdeL D. Project Managers (1) All reports, notices, and other communications required under or
relating to this Order shall be directed to: DEQ Project Manager Eric Blischke Oregon Department of Environmental Quality Northwest Region 2020 SW Fourth Avenue, Suite 400 Portland, Oregon 97201 (503) 229-5648 (503) 229-6899 (fax) blischke.eric@deq.state.oLus (2) Within five calendar days of notification of intent to comply under with written designation of one Project
Section 4 of this Order, Respondents shall provideDEQ
Manager for purposes of this Order and receipt of notices and other communications. Respondents' designated Project Manager must be authorized to make day-to-day decisions
necesSary to accomplish the work required by this Order. Respondents shall notify DEQ of any change in their designated project manager, in writing, within 48 hours of the change. E. Quality Assurance Respondents shall conduct all sampling, sample transport, and sample analysis in accordance with the quality.assurance/quality control (QA/QC) provisions approved
by DEQ in the work plan required by the attached SOW. Respondents shall ensure that each laboratory used by Respondents for analysis performs such analysis in accordance with the approved QA/QC provisions. Respondents shall also ensure that DEQ and its authorized representatives are allowed access at reasonable times to laboratories and personnel use~ Respondents for sample analysis. Page 9 of 13 Order - Wacker Property
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F.
Records (1) In addition to those reports and documents specifically required
under this Order, Respondents shall provide to DEQ, within 10 calendar days of DEQ's request, copies of QNQC memoranda and audits, raw data, draft and final plans, draft and final reports, task memoranda, field notes, and laboratory analytical reports that relate in any way to activities under this Order or to other investigative or remedial activities concerning releases of hazardous substances at or from Respondents' respective properties (2) Each Respondent shall preserve all records and documents in its
possession or control or that of its employees, agents, or contractors relating in any way to activities conducted under this Order, for at least 10 years after termination of this Order pursuant to Section 7 below. Upon DEQ's request, Respondent shall provide copies of such records to DEQ. G. Progress Reports During each month of this Order, Respondents shall deliver to DEQ on or before the fifteenth day of each month two copies of a progress report containing: (a) (b) (c) Actions taken under this Order during the previous month; Actions scheduled to be taken in the next two months; Sampling, test results, and any other data generated or received during the previous month; and (d) A description of any problems experienced during the previous month and actions taken to resolve them.
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H.
Other Laws Subject to ORS 465.315(3), all actions under this Order shall be
performed in accordance with all applicable federal, state, and local laws and regulations. I. NPL Listing DEQ reserves its right to modify this Order, the SOW, or the scope of any deliverable required thereunder to address any additional obligations deemed necessary to protect public health, safety, and welfare or the environment if the Wacker Property or the Portland Harbor become part of a federal National Priority List site. 7. Satisfaction of Order Upon completion of work under this Order, Respondents shall submit to DEQ a written notice of completion. This Order shall be deemed satisfied and terminated upon DEQ's
issuance of a certification of satisfactory completion of activities required by this Order.
IT IS SO ORDERED: By:
--tu:[~~ ~~~
Langdon Marsh, Director J Oregon Department of Environmental Quality
Date:
to/if/ad
EXHfBtT_ Page 18 of 41
A Exhibit B _
dEL
PAGEJ.LOF
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NOTICE REGARDING FAILURE TO COMPLY: 1. Upon Respondents' failure to comply with this Order, DEQ may seek any available remedy to enforce this Order, including but not limited to civil penalties and injunctive relief. ORS 465.260,465.900. 2. Upon Respondents' failure to comply with this Order, Respondents may be liable for any costs incurred by the State of Oregon in conducting the work required under this Order and for punitive damages of up to three times the amount of the state's costs. ORS 465.260 (8) 3. Respondents may not seek an administrative appeal or judicial review of this Order. ORS 465.260(6). NOTICE REGARDING DEQ COSTS: Pursuant to ORS Chapter 465, the Respondents named in this Order are liable for costs incurred by DEQ in issuing and overseeing implementation of this Order. DEQ will issue the Respondents a monthly invoice of DEQ costs and request payment by check payable to the "State of Oregon, Hazardous Substance Remedial Fund." Any amounts not paid within 30 calendar days of issuance of the invoice will be subject to a nine-percent (9%) per annum interest charge. Any amounts that remain unpaid will be subject to recovery by DEQ pursuant to ORS 465.330 through 465.335 and other applicable law.
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CERTIFICATE OF SERVICE BY MAIL
I certify that on
Oc..J.
if
,'2000, I served the foregoing ORDER by certified
mail, postage prepaid, upon: Richard Bach of Attorneys for Northwest Natural Gas Co. Stoel Rives LLP 900 SW Fifth Avenue Suite 2600 Portland, Oregon 97204 Christopher Reive of Attorneys for Wacker Siltronic Corp. Tarlow Jordan & Schrader Two Centerpointe Drive Sixth Floor Lake Oswego, OR 97035
Eric Blischke
CERTIFICATE
OF SERVICE
""I-r EX HI ID~ PAGE

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ATTACHMENT A SITE LOCATION MAP
lllnlT EX 11\D I, f-.u.. ,;?~Ci""" PAGE...LLOF 1
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D(r~(>.~t
Port 01 POfllllnJ'""',::,.:
.+(:,~.
. Oa.'Q~'~:~'Y . .,( C
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"
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Figure 1
Approximale Scale: 1"
= 2325'
Location Map Exhibit B Wacker Siltronic Corp. of 41 Page 22

BRIDGEWATER GROUP, INC.
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ATTACHMENT
REMEDIAL
:I SCHEDULE
SCOPE OF WORK FOR INVESTIGATION AND SOURCE CONTROL MEASURES
Respondents shall submit for DEQ review and approval a Remedial Investigation (RI) work plan and subsequent plans and reports that address all elements of this Scope of Work (SOW). Elements of the SOW may be addressed by alternative means or by using existing data or information to the extent that the data are applicable, meet the objectives of the RI, and meet quality assurance and quality control (QA/QC) requirements. All work schedule required below: under this Order shall be performed in accordance with the
RI Scoping
Document
An RI Scoping to DEQ within Order.
Document shall be submitted 45 days of issuance of this
DEQ Review
and Comment
To Respondents after Scoping Document
receipt
of RI
Draft
Phase
I RI Work P1an
To DEQ within 60 days of receipt comments on RI Scoping Document. To Respondents after receipt Phase I RI Work Plan.
of DEQ
DEQ Review
and Comment
of Draft
Final
Phase
I RI Work Plan
To DEQ within 30 days of receipt of DEQ comments on draft phase I RI Work Plan. Phase I site characterization activities to be completed within 4 months of DEQ approval of final Phase I RI Work Plan. To DEQ within 90 days of completion of phase I site characterization activities. To Respondents after Site Characterization receipt of phase Summary. I
Initiation
of Phase I RI
Phase I Site Characterization Swmnary DEQ Review and Comment
Technical Memorandum Control Measures DEQ Review
on Source
To DEQ within 90 days of completion of Phase I site characterization activities. To Respondents after Memorandum on Source receipt Control of Technical Measures.
and Comment
Preliminary Design of Source Control Measures
To DEQ within 60 days of DEQ determination that Source Control Measures are necessary. To Respondents after receipt Preliminary Design of Source Measures. of Control
DEQ Review
and comment
Page B-1 - Scope of Work for RI and SCM Wacker Siltronic Corporation and Northwest
Natural
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Page ID#: 316
Final Design of Source Control Measures
To DEQ within 30 days of receipt of DEQ comments on Preliminary Design of Source Control Measures. Source Control Measures to be constructed and initiated within 6 months of DEQ approval of Final Design of Source Control Measures. To DEQ within 60 days of DEQ determination that additional site characterization activities are necessary. To Respondents after receipt of Draft Phase II RI Work Plan Supplement. To DEQ within 30 days of receipt of DEQ comments on Draft Phase II RI Work Plan Supplement. To be completed within six months of DEQ approval of Phase II RI Work Plan Supplement. To DEQ within six months of completion of all site characterization activities. To Respondents after receipt of Draft RI Report. To DEQ within 45 days of receipt of DEQ comments on Draft RI Report.
Initiation Measures
of Source Control
Draft Phase II RI Work Plan Supplement
DEQ Review and Comment Final RI Phase II RI Work Plan Supplement
Initiation
of Phase II RI
Draft RI Report
DEQ Review and Comment Final RI Report
Additional work plans and work plan amendments are subject to DEQ review and approval and shall be processed according to schedules established by DEQ at the time of each phase change or task addition. Respondents shall initiate and complete work according to the schedule specified in the applicable approved work plan or amendment.
II. OBJECTIVES
Work performed under this Order shall complement facility information with the following specific A.
and incorporate objectives:
existing
All work performed under this order shall incorporate the results of, and be coordinated with, the remedial investigation, feasibility study and source control measures at the GASCa site.
,
B. Identify and characterize all past and present hazardous substance source areas at the Wacker facility. Source areas shall be characterized through a review of historical information and the collection of environmental samples for chemical, geotechnical, and other analyses. The evaluation of source areas shall focus on upland operations that may have resulted in a Exhibit B release of hazardous substances. Page 24 of 41
Page B-2- Scope of Work for RI and SCM Wacker Siltronic Corporation and Northwest Natural
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C.
Evaluate all past and present contaminant migration pathways at the Wacker facility. Key elements relevant to contaminant migration include, but are not limited to, the rate and direction of groundwater flow, subsurface contaminant migration to the Willamette River, overland contaminant migration to the ' Willamette River, storm water discharge to the Willamette River, direct and indirect release to the Willamette River, preferential migration pathways, volatilization, dust entrainment, and riverbank seepage. Determine the nature, extent, and distribution of hazardous substances in affected media at the Wacker facility. This analysis should focus on the vertical and horizontal extent contamination, groundwater contamination, and surface and subsurface soil contamination.
D.
of
E.
1
Identify all current and reasonably likely future human and ecological receptors in the locality of the Wacker facility. Receptors shall include human and ecological receptors that may be exposed to hazardous substances in the locality of the facility. This analysis should consider all relevant contaminant migration pathways and the nature, extent and distribution of hazardous substances in affected media. Collect sufficient data and historical information to allow the identification of possible areas of sediment contamination adjacent to the Wacker facility. Areas of potential sediment contamination will be characterized through a Portland Harbor sediment investigation conducted outside this Order. Data collection and evaluation under this Order shall consider the potential for contaminant migration to the Willamette River and over or in-water releases of hazardous substances resulting from current and historic operations at the Wacker facility. Respondents may be required to perform limited sediment or benthic sampling adjacent to the facility as necessary to address an objective of this Scope of Work. Evaluate the risk to human health and the environment from releases of hazardous substances at or from the Wacker facility through the performance of human health and ecological risk assessments. Identify hot spots of contamination, facility. if any, at the Wacker
F.
G.
H.
I.
Generate or use data of sufficient quality for site characterization and risk assessment at the Wacker facility. Develop the information necessary to evaluate and design necessary source control measures to address contaminant releases to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility. Exhibit B Page 25 of 41
J.
P~ge B-3 - Scope Wacker Siltronic
of Work for RI and SCM Corporation and Northwest
DEQ
Natural
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Page 26 of 41
Page ID#: 318
K.
Implement necessary source control measures to address contaminant releases to the Willamette River from the Wacker facility, in conjunction with source control measures at the GASCa facility.
III.
MONTHLY REPORTS
Two (2) copies of a monthly report shall be submitted to DEQ by the 15th day of the month following the reporting period. The monthly reports shall summarize activities performed, data results collected or received, problems encountered or resolved during the previous month, and activities planned for the upcoming two months.
:IV. RI SCOPING DOCUMENT
Respondents shall prepare an RI Scoping Document. The RI Scoping Document shall include a comprehensive review of site history, previous and ongoing environmental investigations, physiographic features, biological resources and demographic characteristics. The comprehensive review shall consider both the Wacker facility and adjoining GASCa facility. The RI Scoping Document shall present a proposed approach for completing a remedial investigation based on a review of existing information. The proposed RI approach shall address soil, groundwater, surface water, sediments, and air. The proposed RI approach shall provide the framework for the RI Work Plan and shall include, at a minimum, a summary of data collected to date, a conceptual site model (including a conceptual site hydrogeologic model), and a description of RI goals and objectives. The RI Scoping Document shall demonstrate that the proposed RI approach is adequate to meet the schedule specified in this SOW. The RI proposal shall consider methodologies presented in the Portland Harbor Sediment Management plan and the draft Portland Harbor Sediment Investigation Work Plan dated March 31, 2000.
V. REMEDIAL INVESTIGATION WORK PLAN
A remedial investigation work plan shall be submitted according to the schedule specified in Section I above. The work plan shall be coordinated with, and incorporate any available results of, the RI/FS at the GASCa facility. The work plan shall be developed in accordance with applicable Oregon Administrative Rules (OAR 340-122-010 through -115), DEQ guidance, and the Guida:nce for Conducting Remedial Investigations and Feasibility Studies Under CERCLA, OSWER Directive 9355.3-01, 1988, as appropriate. Existing data m~y be used if it meets data quality objectives for the RI. The results of the RI will be used to guide data collection efforts performed as part of the Portland Harbor sediment investigation outside this Order. The submitted work plan shall include, but not be limited to, the following items:
A.
PROJECT
MANAGEMENT PLAN
The RI work plan shall include a project management plan. The project management plan shall include a schedule for submittal of all documents and implementation of all proposed activities and phases pertaining to this Scope of Work consistent with the Exhibit B schedule specified in Section I; a description of the personnel26 of 41 Page (including subcontractors, if known) involved in the project, and
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Page ID#: 319
their respective roles in the project; and a discussion of how approved variations from the approved work plan will be managed.
B. SJ:TE DESCRJ:PTJ:ON
The RI work plan shall include a discussion of the current understanding of the physical setting of the facility and surrounding area; the facility history; hazardous substance and waste management history; facility operations conducted on, in, over, or adjacent to the Willamette River, and current facility conditions.
C. SJ:TE CHARACTERJ:ZATJ:ON PLAN
The RI work plan shall include a site characterization plan. The site characterization plan shall be consistent with DEQ guidance and the requirements specified in OAR 340-122-080. The site characterization plan shall include, but not be limited to, characterization"of the hazardous substances, characterization of the facility, identification of potential receptors, and the collection and evaluation of information relevant to the identification of hot spots of contamination, and shall address the following: 1. Soils To identify and characterize from the facility to soils. releases of hazardous
Objective: substances
Scope: The plan shall supplement previous soil sampling at the facility. The plan shall address all areas of the facility which could potentially have received spills, have received leaks from tanks or piping, have been used for waste treatment or disposal, or have been affected by contaminated surface water or storm water runoff, and all other areas of the facility where soil contamination is known or suspected. Procedures: The plan shall be designed and conducted to determine the vertical and lateral extent of soil contamination, determine the extent to which soil contamination may contribute to Willamette River sediment contamination, characterize the facility geology, determine the physical and chemical soil characteristics relevant to the RI, evaluate the potential for contaminant migration, and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing soil. 2. Groundwater To identify and characterize releases from the facility to groundwater. of hazardous
EXHIBIT Page 27 of 41
PAGE roOF
Page B-S - Scope Wacker Siltronic of Work for RI and SCM Corporation and Northwest DEQ Natural No. ECVC-NWR-OO-27
Exhibit B
dE[
Case 3:11-cv-01493-ST
Document 1-2
Filed 12/09/11
Page 28 of 41
Page ID#: 320
Scope: The plan shall supplement previous investigations at the facility and shall identify and characterize all past, current, and potential releases of hazardous substances to groundwater from the facility. Procedures: The plan shall be designed and conducted to determine: the vertical and lateral extent of groundwater contamination, both on-site and, if applicable, off-site; estimate the rate of contaminant flux to the Willamette River; determine the extent to which free phase product is migrating to the Willamette River; characterize the facility hydrogeology; determine the physical and chemical characteristics of each water bearing zone relevant to the RI; evaluate the potential for contaminant migration through groundwater; and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing groundwater. Alternative methods for characterizing groundwater should be considered to accelerate the RI. Monitoring wells and other holes must be drilled, constructed, and decommissioned in accordance with OAR Chapter 690, Division 240 and DEQ "Ground Water Monitoring Well, Drilling, Construction and Decommissioning" guidelines (DEQ 1992). 3. Surface Water To identify and characterize releases from the facility to surface water. of hazardous
Scope: The plan shall supplement previous investigations at the facility and shall identify and characterize all past, current, and potential impacts to surface waters from the facility. Procedures: The plan shall be designed to: determine the extent to which surface water may have been impacted by releases of hazardous substances at the facility; determine the nature and extent of surface water contamination; characterize the facility hydrology; determine the physical and chemical surface water characteristics relevant to the RI including flow characteristics; evaluate the potential for contaminant migration and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodologies for characterizing surface water. 4. Sediments To identify and characterize releases from the facility to sediments. of hazardous
Scope: The plan shall supplement previous investigations at the facility, and shall identify and characterize all past, current, and potential releases of hazardous substances to sediments from the facility in a manner consistent with the Portland Harbor Exhibit B sediment investigation conducted outside this Order. Page 28 of 41
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Characterization of the nature and extent of sediment contamination is not required under this Order, but is contemplated to be completed through a Portland Harbor sediment investigation. Procedures: The plan shall be designed to identify sources of sediment contamination from the facility, and characterize release mechanisms from the facility to sediments. The plan shall include the proposed methodology for characterizing releases to sediments and as applicable shall utilize methodologies presented in the Portland Harbor Sediment Management Plan and the draft Portland Harbor Sediment Remedial Investigation and Feasibility Study Work Plan dated March 31, 2000. 5. Air
Objective: To identify and characterize any release of hazardous substances to the air, from soil, surface water, or groundwater contamination at the facility. Scope: The plan shall supplement previous investigations at the facility and shall identify and characterize all past, current, and potential releases (e.g. contaminated soil or groundwater) of hazardous substances to air. Procedures: The plan shall include the proposed methodologies for evaluating air emissions using appropriate emission calculations and/or a field sampling program. The plan shall be designed to delineate the nature and extent of contamination, characterize the site climatology, determine the physical and chemical air characteristics relevant to the RI, evaluate the potential for contaminant migration to the Willamette River and surrounding areas,- and gather the information necessary to identify hot spots of contamination. 6. Identification and Water Use of CUrrent and Reasonably Likely Future Land
Objective: To identify current and reasonably likely future land and water uses in the locality of the facility, excluding those of the Willamette River. Scope: The plan shall be designed to identify current and reasonably likely future land and water uses for the purposes of identifying hot spots of contamination and conducting the baseline human health and ecological risk assessments based on OAR 340-122080, DEQ Guidance, and the Portland Harbor Sediment Management Plan. Procedures: The plan shall include the proposed methodology for identifying current and reasonably likely future land and water Exhibit B u~es in the ~ocality of the facility (excluding uses of E}t~!BlT Page 29 of 41 Wlllamette Rlver) .
!+
PAGE~OF;;E'[
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DEQ
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D.
SAMPLING
AND ANALYSIS
PLAN
(SAP)
Objective: To adequately procedures.
document
all sampling
and analysis
Scope: In preparation of the SAP, the following guidance documents shall be utilized: Data Quality Objectives for Remedial Response Activities, EPA/540/G-87/004 (OSWER Directive 9355.0-7B), March, 1987; Test Methods for Evaluating Solid Waste, SW-846 and appropriate updates; and A Compendium of Superfund Field Operations Methods, EPA/540/P-87/001 (OSWER Directive 9355.0-14), December, 1987. The SAP shall address all topics listed in Environmental Cleanup Division Policy #760.000, Quality Assurance Policy. . Procedures: The work plan shall include a (SAP). The SAP shall include (QA/QC) procedures for both field and lab procedures. The SAP shall be sufficiently detailed to function as a manual for field staff.
E. HEALTH AND SAFETY PLAN (HASP)
Objective: To establish policies and procedures to protect workers and the public from the potential hazards posed by a hazardous materials site. Scope: The HASP portion of the work plan shall comply with CFR 1910.120 and OAR Chapter 437, Division 2. Procedures: The HASP shall include a description of risks related to RI activities, protective clothing and equipment, training, monitoring procedures, decontamination procedures, emergency response actions.
F. MAPS
29
and
The work plan shall include a scaled map or maps of the facility, which clearly shows facility topography, on-site structures, subsurface utility lines, waste storage and disposal areas, location of sensitive environments, and proposed sampling locations.
G. WORK PLAN FOR EVALUATION MEASURES AND IMPLEMENTATION OF SOURCE CONTROL
Objective: To evaluate, design and implement necessary source control measures to address contaminant migration to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility. Scope: design, Exhibit B The plan shall gather sufficient information to evaluate, Page 30 of 41 and implement necessary source control measures from the
DEQ Natural
No.
EC~'
'2AHIB~A -Cj 0f~
Case 3:11-cv-01493-ST
Document 1-2
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Page ID#: 323
Wacker facility, in coordination the GASCa facility.
with
source control
measures
at
Procedures: The plan shall be designed and conducted to characterize all release mechanisms to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCa facility. Characterization data shall be adequate to evaluate, design, and implement necessary source control measures. Source control measures shall address contaminant migration to the river through overland transport, storm water runoff, free phase product migration, direct release, and/or dissolved groundwater contaminant migration. H. 1. RISK ASSESSMENT WORK PLAN uPland Human Health Risk Assessment Objective: To evaluate the collective demographic, geographic, physical, chemical, and biological factors at the. facility, for the purposes of: characterizing current or reasonably likely future risks to human health as a result of a threatened or actual release(s) of a hazardous substance at or from the facility; documenting the magnitude of the potential risk at the facility; supporting risk management decisions; and establishing remedial action goals if necessary. Scope: The human health risk assessment shall evaluate risk in the context of current and reasonably likely future land and water uses and in the absence of any actions to control or mitigate these risks (i.e., under an assumption of no action). The human health risk assessment portion of the work plan shall be developed based on the requirements specified in OAR 340-122-084, DEQ guidance, and the Risk Assessment Guidance for Superfund - Human Health Evaluation Manual Part A, United States Environmental Protection Agency (EPA)' Interim Final, July 1989 (RAGS-HHEM). The work plan shall use Exhibit 9-1 of the RAGS-HHEM as a framework for discussing the methodologies and assumptions to be used in assessing the potential human health risks at the facility. Procedure: The plan shall describe the different tasks involved in preparing the human health risk assessment. The human health risk assessment can be completed using either deterministic or probabilistic methodologies. If probabilistic methodologies are to be used, then Respondents shall obtain DEQ approval of the proposed risk protocol before the commencement of a probabilistic risk assessment. The upland human health achieve the following: a. risk assessment shall be designed to
Develop appropriate exposure units considering the nature, extent, and distribution of contamination and the reason Exhibit B bly Page 31 of 41
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b. c. d. e.
f. g. h. 2. upland
likely future land and water use in the locality of the facility; Establish data quality objectives for each exposure unit identified; Collect data appropriate to satisfy the data quality objectives for each exposure unit; Identify contaminants of interest for each media of concern; Develop exposure scenarios based on current and reasonably likely land use, facility features, and populations potentially exposed; Identify appropriate exposure factors for all exposure pathways to be evaluated; Identify the appropriate toxicity factors for all exposure pathways to be evaluated; and Quantify the risks to human health at the facility. Ecological Risk Assessment
Objective: To evaluate the collective demographic, geographic, physical, chemical, and biological factors at the facility, for the purposes of: characterizing current or reasonably likely future risks to the environment as a result of a threatened or actual release(s) of a hazardous substance at or from the facility; quantifying the potential risk at a facility; supporting risk management decisions; and establishing remedial action goals if necessary. Scope: The ecological risk assessment shall evaluate risk in the context of current and reasonably likely future land and water uses and in the absence of any actions to control or mitigate these risks (i.e., under an assumption of no action). The ecological risk assessment shall use a tiered approach (with four levels) to produce a focused and cost-effective assessment of risk. The ecological risk assessment work plan shall be developed based on the requirements speci~ied in OAR 340-122-084 and DEQ guidance. Procedure: The plan shall describe the different tasks involved in preparing the ecological risk assessment. Ecological risk assessments shall include a level I scoping plan and a level II screening plan; and may include a level III baseline plan and a level IV field baseline plan. The level III and level IV baseline plans shall include an exposure analysis, an ecological response analysis, a risk characterization, and an uncertainty analysis, as required by OAR 340-122-084(3). The ecological risk assessment can be completed using either deterministic or probabilistic methodologies. If probabilistic methodologies are to be used, then Respondents shall obtain DEQ approval of the proposed risk protocol before the commencement of a probabilistic risk assessment. Terrestrial habitats following approach: and receptors shall be evaluated through the Exhibit B Page 32 of 41
DEQ
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a. b.
c.
Complete a Level I Scoping assessment per ODEQ guidance for the terrestrial portion of the facility. Make a preliminary determination of locality of the facility with respect to terrestrial receptors and current and potential future exposure to facility-related contaminants. Determine potential for presence/absence of terrestrial threatened or endangered species.
VJ:.
PHASE
J: SJ:TE CHARACTERJ:ZATJ:ON SUMMARY
The Phase I Site Characterization Summary shall summarize and present preliminary results of the Site Characterization. The summary shall be adequate to allow DEQ to determine whether additional site characterization activities are necessary to complete the RI. The Phase I Site Characterization Summary of the remedial investigation and include A. B. C. D. E.
VJ:J:
shall be based on the results the following elements:
Introduction
and Purpose Activities
Summary of Site Characterization Summary of Investigation Summary of Data Gaps Recommendations and Conclusions Results
TECHNJ:CAL MEMORANDUM ON SOURCE CONTROL MEASURES
The Technical Memorandum on Source Control Measures shall present all data relevant to the characterization of migration pathways from the Wacker and GASCO facilities to the Willamette River. The Technical Memorandum shall be developed based on Guidance on Conducting NonTime-Critical Removal Actions Under CERCLA, EPA 540/P-91/001 (1993). The Technical Memorandum shall identify any additional data collection activities to be performed during the Phase II RI necessary to complete the characterization of migration pathways. If no additional data are required, the Technical Memorandum shall present and evaluate a set of alternatives for controlling releases to the willamette River. The Technical Memorandum on Source Control Measures shall be based the results of the site characterization and include the following elements: A. Identification of migration pathways facilities to the Willamette River. from the Wacker and GASCa and GASCO Exhibit B EXHIBIT Page 33 of 41 pi!' nF on
B.
Characterization of migration pathways facilities to the Willamette River
from the Wacker
(~r:d.C; ~q
A- .~.
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C.
Estimate of magnitude of contaminant migration from the Wacker and GASCO facilities to the Willamette River through overland transport, storm water runoff, free phase product migration, direct release, and dissolved groundwater contaminant migration. Identification of alternatives for source control measures to prevent the ongoing migration of contaminants to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility. Evaluation of alternatives for source control measures to prevent the ongoing migration of contaminants to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility.
REMEDIAL INVESTIGATION WORK PLAN
D.
E.
VIII.
PHASE II
Objective: To collect sufficient investigation at the facility. Scope: The Phase II the Wacker and GASCO the characterization hazardous substances
information
to complete
the remedial
RI Work Plan shall supplement previous investigations facilities. The work plan shall be designed complete of all past, current, and potential releases of at or from the facility.
at
Procedures: If DEQ determines that additional characterization activities are required to complete the RI, Respondents shall prepare a Phase II RI work plan that addresses all data gaps identified by DEQ. The Phase II RI work plan shall describe all characterization procedures necessary to complete the RI and demonstrate that proposed characterization procedures are sufficient to complete the RI.
IX. SOURCE CONTROL MEASURES DESIGN PLAN
Objective: To design necessary source control measures migration to the Willamette River.
to address
contaminant
Scope: The Source Control Measures Design Plan shall be adequate to implement necessary source control measures to address contaminant migration to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility. Procedures: The Source conformance this Scope Design Remedial Action on Expediting Remedial 02; and any additional Control Measures Design Plan shall be developed in of Work and, as appropriate, EPA's "Superfund Remedial Guidance", OSWER Directive 9355.0-4A, 1986; "Guidance Design and Remedial Action", OSWER Directive 9355.5guidance documents as directed by DEQ. Design Plan shall include, at a minimum, the
The Source Control Measures following items: A. B.
Exhibit B Description of proposed Source Control Measures. Page 34 Proposed schedule for implementation of source control measures. of 41
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No.
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c.
D. E.
F.
G. H. I. J.
K. L. M. N.
o.
P.
Q.
Project organization and identification of reporting relationships, duties, responsibilities, lines of communication, and authorities. Identification and description of design objectives. Identification and description of design criteria and performance standards that shall be applied to the source control measures conducted by Respondents. Identification and listing of federal, state, or local laws, regulations, or guidance applicable to or associated with the source control measures and an explanation of how they will be incorporated into the design and implementation of the source control measures. An identification of permitting requirements and a proposal for satisfying or exempting any applicable requirements. Identification and description of any site access agreements required to implement source control measures. Identification and description of any property, utility, right-ofway, topographic, or other site surveys required. A description of any special design/implementation problems anticipated and how they will be addressed. Include any special technical problems, anticipated community relations problems, access, easements, rights-of-way, transportation, utilities, and logistics problems. A description of all source control measure activities to be performed. Procedures for documentation/validation of source control measures. Description of construction methods and equipment to be used. Description of proposed control measures to minimize releases of hazardous substances to all environmental media during construction or installation activities. Description of any measures necessary to control surface water runoff during construction. Identification and description of dust control and noise abatement measures to minimize and monitor environmental impacts of construction or installation activities. Identification and description of any site security measures necessary to minimize exposure to hazardous situations during implementation of source control measures. INVESTIGATION REPORT
x.
REMEDIAL
The Remedial Investigation report shall follow the outline in Table 3-13 (page 3-30 - 3-31) in the CERCLA RI/FS guidance, as applicable, and address the items listed below:
A. B.
Executive
Summary.
Introduction. Facility Background. Exhibit B Page 35 of 41
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A discussion and supporting maps of facility operations, facility description, facility setting, and current and reasonably likely future land and water uses. D. Study Area Investigation. A discussion groundwater,
E.
of the investigative procedures and results surface water, sediments, and air.
for soil,
Summaryand Conclusions. A discussion of the nature, extent, distribution and environmental fate and transport of contaminants in soil, groundwater, surface water, sediments, and air.
F.
Appendices. Detailed information supporting the results of the Remedial Investigation shall be submitted in the Appendices of the report.
XI.
RISK ASSESSMENT REPORT A. HumanHealth Risk Assessment Report
The results of the human health risk assessment shall follow DEQ risk assessment guidance for human health and RAGS-HHEM Part A.
B.
Ecological
Risk Assessment
Report
The main sections of the ecological risk assessment report shall follow specific DEQ guidance for report formats at each level (IIII) . XII. DISTRIBUTION. A. Three (3) bound copies and one (1) unbound copy of all plans, reports (except Quarterly Reports) and memoranda shall be submitted to DEQ. DEQ requests that all copies be duplex printed on recycled paper.
B.
Page B-14 -Scope of Work for RI and SCM Wacker Siltronic Corporation and Northwest
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No.
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Case 3:11-cv-01493-ST
12/11/2000 12:45 FAX 503 219 75f
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FL2
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~002
WACKER FADl
UNITED STATES ENVIRONMENTAL PROTECnON REGION 10

1200 Sixth Avenue Seattle, Washington 98101
AGENCY
DEC 0 B 20ao
Reply To
ATTN Of:
!
ORC-15S
CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mn Service Corporation 111 SW Fifth Avenue, Suite 3500 Portland, OR 97204 Re: Notice of Potentia! Liability for the Wacker Siltronic facility located at 7200 NW Front Avenue Portland Harbor Superfund Site, Portland, Oregon
To Whom It May Concern: This letter is to notify you of potential liability, as defined by Section 107(a) of the Comprehensive Environmental Response. Compensation and Liability Act, 42 U.S.c. ~ 9607(a). as amended (CERCLA), with respect to the above-referenced Site. Substantially the same letter has been sent to 69 parties. and additional general notice letters may be sent to others. You may receive or have already received notification of potential liability for the Site from the State of Oregon Department of Environmental Quality (DEQ). NOTICE OF POTENTIAL LIABILITY The United States Environmental Protection Agency (EPA) in cooperation with DEQ has .. documented the release or threatened release of hazardous substances, pollutants or contaminants at the Site.. EPA and DEQ have spent public funds on actions to investigate and control such releases or threatened releases at the Site. Under Sections l06(a) and 107(a) ofCERCLA, 42 U.S.C. ~~ 9606(a) and 9607(a), Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.c. ~ 6973, as amended (RCRA). and other federal and state laws, a Potentially Responsible Party (PRP) or parties may be ordered to perform response actions deemed necessary by EPA and/or DEQ to protect the public health. welfare, or the environment, and may be liable for all costs incurred by each government in responding to any release or threatened release at the Site. In addition. PRPs may be required to pay for damages to, destruction. of, or loss of natural resources. including the costs of assessing such damages.
Exhibit B EXHIBIT PageOF of 41 . 37 3 PAGE
-J-
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[4J 003
WACKER FABI FL2
EP~ in cooperation with DEQ, has evaluated information in connection with the investigation of the Site. Based on this information. EPA believes Wacker Siltronic may be a PRP with respect to this Site. PRPs under CERCLA include current owners and operators of any portion of the Site, prior owners and operators at the time of a release. as well as persons who arranged for disposal or treatment of hazardous substances sent to the Site, or persons who accepted hazardous substances for transport to the Site. In accordance with CERCLA and other authorities, EPA has already undertaken certain actions and incurred certain costs in response to conditions at the Site. These response actions include the peIformance of assessments and other activities necessary to include the Site on the CERCLA National Priorities List (NPL) of hazardous waste sites, development of a partnership with DEQ for the investigation and cleanup of the Site. and cO.nsultationwithJedera}. st.ate and tribal CERCLA Natural Resource Trustees. In accordance with EPA and DEQ joint management plans for the Site. EPA will be the lead agency, as defined in CERCLA's implementing regulations, also known as the National Contingency Plan (NCP), for in-water contamination at the Site. DEQ will be the lead agency for upland contamination, although the agencies intend to coordinate all their efforts and may share tasks as they deem appropriate. EPA accordingly anticipates expending additional funds for response activities at the Site. PRP RESPONSE AND EPA CONTACT PERSON The next major step EPA anticipates taking is the negotiation of an Administrative Order on Consent with willing PRPs for the peIfonnance a RemedialInvestigation/Feasibility Study (RIfFS) to determine the nature and extent of in-water contamination at the Site, and to analyze remedial alternatives. EPA may send special notice letters, in accordance with Section 122(e) of CERCLA, 42 U.S.c. ~ 9622(e), which will provide more information about the Site, and set forth a specific schedule for RJlFS negotiations, or EPA may commence negotiations without special notice at the request of voluntary parties able to demonstrate their capacity to adequately fund and perform the RJlFS. You are encouraged to contact EPA by December 28,2000, to indicate wheThe(you are iriterested at this tiine in volunteering to enter negotiations to peIform the RIfFS and to reimburse response costs incurred by EPA and to be incurred by EPA at the Site. EPA expressly reserves the right to issue special notice regardless of how many volunteers respond aftlrmatively to general notice letters. Any written response to this letter should be sent to: U.S. Environmental Protection Agency Elizabeth McKenna, Attorney Office of Regional Counsel 1200 Sixth Avenue, MIS ORC 158 Seattle, Washington 9810 1
EXHIBIT
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-3
PP,GEZOF
PAGE.03
503 219 7599
Case 3:11-cv-01493-ST
12111/2000 12: 46 FAX 503 219 75
Document 1-2
Filed 12/09/11
Page 39 of 41
Page ID#: 331

l4J 004
WACKER FAB1 FL2
;.
3
This letter is intended solely for notification and information purposes. Nothing in this letter can be relied upon as a final EPA position on any matter .. Inquiries by counselor inquiries of a legal nature should be.directed to Elizabeth ~cKenna, 206-553-0016, of Charles Ordine. 206-553-1504, Office of Regional Counsel. Technical, scope, budget, and other questions for EPA regarding thiS letter or the Site should be directed to Wallace Reid, 206-553-1728, or Chip Humphrey, 503-326-2678. Sincerely,
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_. __ .... Micha.elf'....:..Ge~.A~ __ Director, Office ofEnwonmental
Cleanup
.. Enclosure: Recipient List cc: Mike Rosen, DEQ Katherine Young, P.O. Box 83180, Portland, OR 97263-0180
EXtilBlT
PAGE
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Case 3:11-cv-01493-ST
Document 1-2
Filed 12/09/11
THIS SECTION
Page 40 of 41
Page ID#: 332
SENDER: COMPLETE
Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to:
Agent ----a-Address, D. Is deliveryaddre differentfrom item 1? DYes If YES, enter deiivery address below: No
Kemper Insurance Company One Kemper Drive Long Grove IL 60049-0000

3. ~iceType p.certified Mail Registered Insured Mail
o o
o Express Mail o Return Receipt for Merchandis o C.O.D.

DYes
4. Restricted Delivery? (Extra Fee)
7001 2510 0003 6649 2642

PS Form
3811 , July
1999
Domestic Return Receipt
102595-99-M-178f
Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits.
C. Signature
Rox~ OOlesb'
o Agent o Address( o
1. Article Addressed to:
D. Is deliveryaddressdifferentfrom item 1? DYes No If YES, enter delivery address below:
Ke~per Insurance C~mpany . c/o Corporation Service Company 285 Liberty St NE Salem OR 97301-0000
3~iCeType ~ertified Mail Registered Insured Mail
o o
0 Express Mail 0 Return Receipt for Merchandi~ 0 C.O.D. 0 Yes
4. Restricted Delivery? (Extra Fee) 2.

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7001 2510 0003 6649 2628

PS Form
3811,
July 1999
102595-99-M-178
Case 3:11-cv-01493-ST
Document 1-2
Filed 12/09/11
THIS SECTION
Page 41 of 41
Page ID#: 333
SENDER: COMPLETE
Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? If YES, enter delivery address below:
Allianz Insurance Company c/o CT Corporation System, RA. 388 State St Ste 420 Salem OR 97301
3;~iceType ~
, ---
o o
~ertlfled Mall Registered Insured Mail
o Express Mail o Return Receipt for Merchandi: o C.O.D.

DYes

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PS Form
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July 1999
102595-99-M-17e
o Agent o Address""
C. Date of Delivery
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Wausau Insurance Companies PO Box 8017 Wausau WI 54402-8017
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2. Article Num,ber , ," 1 (Transfer, frc?m s~rvlCf3 : PS Form
3. ~rvice Type rofrCertified Mail o Registered Insured Mail
o Express Mail
o Return Receipt for MerchandisE o C.O.D.

DYes
7002
2410
DO 03 7043
8100
102595-02-M-154
3811,
Aug'ust 2001"
Complete items 1. 2. and 3. Also complete ""item 4 if Restricted Delivery is desired. . ; Print your name and lilddress on the reverse , so thatawe can return the card to you. Attach this card to the back of the mail piece. or on th front if space penn its. D. Is delivery address different from item 1? If YES. enter delivery address below:
Wausau Insurance Companies c/o CT Corporation System, R.A. 388 State St Ste 420 Salem OR 97301-0000
3. Service Type ~rtlfiedMail o Registered D Insured Mail
o Retum Receipt forB Exhibit Merchandis

DC.a.D. Page
D Express Mail
41 of 41
DYes

------
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2. Article Number (Transfer from sarvle PS Form
7002
2410
0003
7043
8094
102595-Q2-M-1 50
3811,
August 2001
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Case 3:11-cv-01493-ST
Document 1-3
Filed 12/09/11
Page 1 of 5
_I
Page ID#: 334
94 Lake Street
Salem. NH 03079
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Tel Fax
603458-1835 603458-1836
MOOREH2@NATIONWIDE.COM
CHRISTOPHER REIVE JORDAN SCHRADER PO BOX 230B69 PORTlJ\ND OR 97281 Re: ODEQlUSEPA - Wacker Siltronics 7200 NW Front Street Portland. OR
September 11, 2003
Dear Mr. Reive: As you aware. this office handles the above-referenced matter. Please forward all future correspondence to my attention at the above-listed Salem, NH address. We have completed a policy search, which indicates that Wausau issued General Uability Coverage to Wacker Siltronics for the period effective August 17. 1978, through January 1, 1986. Subject to aJIthe tenns, conditions, and exclusions inCluded therein, the policies were written with combined single limitS of liability Of $1,000,000 per occurreneef$1,OOO.OOO aggregate. Based on the infonnation submitted to date, it appears ODEQlUSEPA seeks to hold Wacker Siltronics liable for costs associated with the remediation of the Port/and Harbor Superfund site. Please be advised of the recent changes in Oregon law. Specifically. the Wausau policies provide that the company may have the duty to defend a "suit" seeking covered damages. We believe that the term llsuit" means an adjudicatory proceeding and thus does not include consent orders or cost recovery agreements with state agencies. Also, any settlement entered into without knowledge and consent, violates the voluntary payment condition Of the policies. We continue to reserve all our rights pursuant to any policy which mayor may not apply.
,
The general liability policies issued by Wausau Contain both coverage and exclusion provisions which individually and collectively demonstrate that coverage was not intended for such events. Currently, It is difficult to detennine which policy or policies may potentially apply to this claim. Our concem is whether this claim constitutes a daim for "property damage" and whether there is an "occurrence~ as these terms are defined in any of the various policies. We also have a concern as to whether this claim constitutes a claim for damages as that term is used in any of the insuring agreements of the various policies.
Exhibit C Page 1 of 5
Suite 115
1431 Opus Place

<:l/1/7Dl' ...l , ),,) ,>=lh<:,Dl<: T
Tel 630-795-4129 Fax 630-795-4156
Nationwide Insurance
Case 3:11-cv-01493-ST
Document 1-3
Filed 12/09/11
Page 2 of 5
Page ID#: 335
CHRISTOPHER REIVE Page 2
September
11, 2003
Policies written from 1970 to 1985 contain a specific pollution exclusion which reads: This insurance does not apply to "bodily injury" or "property damage" arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere, or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental. The policy does not provide coverage for property damage to property owned or occupied by or rented to the insured, property used by the insured, property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control or to premises alienated and/or abandoned by the named insured arising out of such premises or any part thereof. Please refer to your policies for the precise wording of these exclusions. Please be advised that we are concerned that the following policy conditions have been violated: In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable infonnation with resped to the time. place. and drcumstances thereof, and the names and addresses of the insured and of available witnesses, shall be given by or for the insured to the Company or any of its authorized agents as soon as practicable. If a claim is made or suit is brought against the insured, the insured shall immediately forward to the Company every demand, notice, summons, or other process received by him or his representative. The insured shall cooperate with the COmpany and, upon the Company's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation, or incur any expense other than for first aid to others at the time of accident No action shall lie against the Company, unless as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally detannined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant, and the COmpany" Other policy terms, conditions and exclusions may well be, applic:able as informa.ti~n is acquired. Neither your rights and obligations nor Wausau s are Intended to be limited to the application of the cited provisions.
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Case 3:11-cv-01493-ST
Document 1-3
Filed 12/09/11
Page 3 of 5
-'
Page ID#: 336
CHRISTOPHER REIVE
Page 3 September 11, 2003
Wausau reserves each and every right that it has under its policies of insurance issued to Wacker Siltronics and specifically reserves its rights to deny coverage, withdraw from any defense, and not make any payment for any attorneys fees and related costs. consultant or expert costs, or damages that do not come within the coverages of the policies. Wausau reserves all rights not to pay for any damages which are not covered or are in excess of its policy limits. To assist in the evaluation of your claim and to inform us of your handling of it to date, we request the following information. It can either be sent to us or we can make arrangements for a personal visit by one of our claim representatives. If for some reason the information is not available to you, please advise us as to where it can be found. 1. Please provide a brief history of the facility and its dates of operation including a description of the product manufactured, materials processed or service provided, and information on previous owners. Provide a description of past and present waste disposal operations or the process operations suspected of causing the alleged pollution. This should indude: a. b.
C.
2.
Inventory of chemicals used. Volumes and methods of waste disposed both on-site and off.site. The size and type of chemical and waste storage containers or impoundments.
3.
Provide a history of any leaks. spills and other releases at the site or facility and the clean-up operations or remediations conducted in response to those incidents.
4.
Please give details including dates of all sudden and accidental discharges, dispersals, releases or escapes of pollutants from the site. State in detail how the contamination took place. Provide information on potential other sources of contamination off-site. both on-site and
5. 6.
7.
provide any summary reports or results of any comprehensive environmental studies conducted to date which outline the extent and degree of the alleged contamination of soil, air, or surface and ground water. Please provide copies of all environmental impairment liability policies or any Exhibit C Page 3 of 5
8.
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Case 3:11-cv-01493-ST
Document 1-3
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Page 4 of 5
Page ID#: 337
**
S0'3~~dl~lOl
**
CHRISTOPHER REIVE Page 4
September 11, 2003
pollution liability policy issued to Wacker Siltronics. In addition to the above information, please advise of the current status of the claim and Wacker Siltronics' status with the Lower Willamette Group. Notwithstanding our reservation of rights, Wausau is willing to participate in the defense of Wacker Siltronics. pursuant to the Non-Waiver Agreement, for any adjudicatory proceeding. Kindly execute both copies of the attached Non-Waiver Agreement, retain one for your records, and return the other to me. Should there be a judicial detennination that Wausau has no obligation to defend Wacker Siltronics, Wausau specifically reserves the right to recover any and all amounts that have been or are paid by Wausau as defense costs on behalf of Wacker Siltronics. Further, Wausau will not pay in excess of $175.00lhour for attorney time because competent and qualified counsel can be retained in your area at this rate or below. Enclosed are the Nationwide Billing Guidelines for your review, Pending the acceptance or rejection of your claim. please contact us if you have any questions and keep us advised of any significant legal or economic developments relating to the claims being made against you. If there is any infonnation which you believe would bear upon the question of coverage, please provide that to us as soon as possible. However, the above-cited reasons for our reservation of rights are not meant to be exhaustive. Wausau specifically reserves its right to cite and invoke other coverage defenses should their applicability become apparent. Any action taken by Wausau, its agents, employees or other representatives shall not be deemed to be a waiver of or estoppel to these rights. Should you have any questions, please feel free to contact rne at (603) 458-1835 or via email at reh2@nationwide.com.
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Case 3:11-cv-01493-ST
Document 1-3
Filed 12/09/11
Page 5 of 5
Page ID#: 338
NATIONWIDE INDEMNITY COMPANY
MOOREH2@NATIONWIDE.COM
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FACSIMILE COVER SHEET

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603/458~183S 603/ 458-1836
FROM: DATE:
Harold R. Moore III Environmental Claim UnIt
Number of pages including cover sheet:
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Case 3:11-cv-01493-ST
Document 1-4
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Page ID#: 339
FILE COpy
FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
June 25, 2003
Fireman's Fund Insurance Company 777 San Marin Drive Novato CA 94998 and Fireman's Fund Insurance Company c/o CT Corporation System, Registered Agent 388 State St Ste 420 Salem OR 97301-0000
CHRISTOPHER
National Surety Corporation 2235 S Wacker Drive Ste 2000 Chicago IL 60606-6308 and National Surety Corporation c/o CT Corporation System, Registered Agent 388 State St Ste 420 Salem OR 97301 Mission Insurance Company c/o Conservation & Liquidation Office PO Box 26894 San Francisco CA 94126-0894 and Mission Insurance Company - Claims 3333 Wilshire Blvd: Los Angeles CA 90017 and Mission Insurance Company c/o CT Corporation System Registered Agent 388 State St Ste 420 Salem OR 97301
L. REIVE
Admitted
Direct Dial
.Granite State Insurance Company c/o American International Companie 175 Water St 18th Floor New York NY 10038-0000 and American International Companie c/o Corporation Service Company, Registered Agent 285 Liberty St NE Salem OR 97301-0000
503.598.5544
E-mail
chris.reive@jordanschrader.com
Re:
Tender for Insurance Coverage Our Client: Wacker Siltronic Corporation Our File No. 46454/29619
I."'.
Ladies and Gentlemen: This letter tenders our client's, Wacker Siltronic Corporation ("Wacker"), claims for excess coverage arising from claims and losses Wacker has and will sustain investigating and remediating hazardous wastes contaminating Exhibit D soil and groundwater at its property located at 7200 NW Front Avenue, Page 1 of 43 Portland, Oregon ("Property").
P.O.
Box
230669
Portland,
OR 97281
Phone:
503.598.7070
Fax:
503.598.7373
Toll
Free:
888598.7070
www.jordanschrader.com 29619 060b db Ilr.docldb/06/25/03-2
Case 3:11-cv-01493-ST
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Page 2 of 43
Page ID#: 340
JORDAN SCHRADER PC
We are informed that the following companies issued umbrella, excess and blanket excess polices to Wacker over the years noted below: Mission Insurance Company prior to liquidation ("Mission"), Granite State Insurance Company ("Granite State/American Int'l"), Fireman's Fund Insurance Company ("Fireman's Fund/National Surety"). Those policies include but are not limited to:
Policy Term
Carrier
Policy No.
Type of Coverage Umbrella
11/1/78-1/1/80
American Int'V Granite State Mission
6578-5751
11/1/78-1/1/80
M846279
Excess Umbrella Umbrella
1/1/80-81
American Int'V Granite State Fireman's Fundi National Surety American Int'V Granite State Fireman's Fundi National Surety American Int'V Granite State Fireman's Fundi National Surety American Int'V Granite State Fireman's Fund
6580-6886
1/1/80-81
XLX 1217784
Blanket Excess Umbrella
1/1/82-83
6582-8987
1/1/82-83
XLX 1370824
1/1/83-84
6583-0219
1/1/83-84
XLX 1370811
1/1/84-85
6584-1229
1/1/84-85
XLX 1370769
Blanket Excess
Exhibit D Page 2 of 43
29619 060b db ltr.docldb/06/25/03-2
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Page ID#: 341
JORDAN SCHRADER PC
1/1/85-86
American Int'V Granite State Fireman's Fund
6585-2733
Umbrella
1/1/85-86
XLX 1482136
Blanket Excess
Wacker hereby requests that Mission, Granite Statel American Int'l and Fireman's Fund/National Surety each search its files for any and all insurance policy numbers, copies and terms of policies issued to Wacker. If you possesses any policies (or other documents evidencing coverage) issued at any time to Wacker, Wacker requests full and complete copies of each of those documents. Wacker provides the following factual summary in support of this tender of claims and demand for coverage.
BACKGROUND
Wacker acquired real property located 7200 NW Front Avenue in Portland, Oregon (the "Property") from the City of Portland Development Commission ("PDC") in 1978. The PDC had acquired the Property from individual investors as part of an overall economic development program sponsored by local and state authorities. The Property is located in northwest Portland, Oregon, on the southwest shoreline of the Willamette River. It covers approximately 85 acres and is accessed via Front Avenue, in Multnomah County. It is zoned "Heavy Industrial" and is surrounded on three sides by industrial properties including Northwest Natural Gas Company, Adventis Crop Science, ESCO Corporation, and Atofina, all of which are conducting environmental investigations of their respective properties. Wacker has constructed offices, a warehouse, manufacturing buildings and paved parking areas on the Property and has operated continuously since 1980. Wacker's operations focus primarily on the manufacture of silicone wafers. This work occurs within two separate facilities on the Property (Fab 1 and Fab 2). Fab 1 has been in operation since March 1980; Fab 2 began operation soon after it was constructed in 1995. Production support activities on the Property include administration, facility and equipment maintenance, product warehousing, and attendant pollution control including air contaminant control equipment and a process wastewater treatment Exhibit D facility. Page 3 of 43
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Page ID#: 342
JORDAN SCHRADER PC
As mentioned above, the Property is located on the Willamette River in northwest Portland, Oregon. As a result, it is located adjacent to the Portland Harbor National Priorities List (NPL) area, a six-mile section of the Lower Willamette River. In October 1997, the U.S. Environmental Protection Agency (EPA) began sediment sampling within the Portland Harbor, initially collecting 150 sediment samples. All sediment samples collected were analyzed for selected total metals, semi-volatile organic compounds including polycyclic aromatic hydrocarbons (PAHs), total organic carbon, and grain-size. Selected sediment samples were analyzed for polychlorinated biphenyls (PCBs), titanium, organotins, pesticides and chlorinated herbicides. Based on the analytical results from those sediment samples, in July 2000 the EPA proposed that the Portland Harbor be added to the Federal National Priority List. In December 2000, the Portland Harbor was placed on the NPL. Based upon data from the sediment samples collected offshore of the Wacker site which demonstrated the presence of certain inorganic analytes and PAHs, Oregon's Department of Environmental Quality ("DEQ") concluded that the Property may be a source of contamination in the Willamette River sediments. DEQ subsequently recommended the site for a Remedial Investigation and Feasibility Study ("RIfFS"). DEQORDER On October 4,2000, DEQ's then Director issued a joint Order to Wacker and it neighbor, Northwest Natural Gas, requiring remedial investigation and source control measures on the Property. That Order (DEQ Order No. ECVC-NWR-00-27, the "DEQ Order") is attached hereto and incorporated herein as Exhibit "A." Among the findings of fact contained in the DEQ Order are: Subsurface petroleum or tar has been encountered on the Property. Groundwater samples collected at the Property were found to contain benzene, PAHs, cyanide and lead at concentrations above federal drinking water maximum contaminant levels. Soil samples collected from geotechnical borings at the Property were found to be saturated with a black, oily viscous substances which tested positive for PARs. Exhibit D
Page 4 of 43
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Page ID#: 343
JORDAN SCHRADER PC
Groundwater samples collected at the Property were found to contain benzene and total petroleum hydrocarbons in excess of maximum contaminant levels.
Among the conclusions of law contained in the DEQ Order are: The contaminants described in the findings of fact are "hazardous substances" within the meaning ofORS 465.200(15). The presence of such hazardous substances in soils, groundwater and sediments at or near the Property is a result of a "release" into the environment within the meaning ofORS 465.200(21). The Property and adjacent contaminated sediments are a "facility" within the meaning of ORS 465.200(12). Wacker is a "person" within the meaning ofORS 465.200(20). As a current or past owner or operator of a facility, Wacker is strictly, jointly and severally liable under ORS 465.255 and, therefore, may be required by DEQ to conduct any removal or remedial action necessary to protect public health, safety and the environment pursuant to ORS 465.260(4).
Accordingly, DEQ ordered Wacker and Northwest Natural Gas to jointly perform a remedial investigation. Wacker has formally denied many of DEQ's findings and conclusions and, until recently, has demanded that Northwest Natural Gas conduct the work required by the DEQ Order subject to an access agreement that has been negotiated between the parties for that purpose. Northwest Natural Gas has complied to date. However, the recent discovery of chlorinated solvents in groundwater below the Property and concerns expressed by DEQ and EPA about the significance of this contamination to the environmental condition of the Portland Harbor and groundwaters of the State have caused Wacker to take a much more active role in the remedial investigation. As a result, Wacker has spent and expects to continue to spend considerable sums of money to comply with DEQ's Order. EPA NOTICE On December 8, 2000, EPA issued to Wacker a Notice of Potential Liability Exhibit D ("EPA Notice"), a copy of which is attached hereto and incorporated herein Page 5 of 43 as Exhibit "B." The EPA Notice declares that EPA, in cooperation with
Z9619 060b db Ilr.docldb/06/Z5/03-Z
Case 3:11-cv-01493-ST
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Page ID#: 344
JORDAN SCHRADER PC
DEQ, has documented the release or threatened release of hazardous substances, pollutants or contaminants at the Portland Harbor Superfund Site. It further states that under CERCLA, 42 U.S.C. SS 9606(a) and 9607(a), RCRA, 42 U.S.C. S 6973, and other federal and state laws, Wacker is a potentially responsible party ("PRP") and may be ordered to perform response actions deemed necessary by EPA and/or DEQ to protect the public health, welfare or the environment and may be liable for all costs incurred by each government in responding to any release or threatened release at the Site. The EPA Notice also states that PRPs may be required to pay for damages to, destruction of, or loss of natural resources, including the costs of assessing such damages. Forms of the above EPA Notice were issued and delivered to many companies located adjacent to the Portland Harbor Superfund Site, and EPA subsequently negotiated and issued an Administrative Order on Consent for Remedial Investigation/Feasibility Study in U.S. EPA Docket No. CERCLA-IO-2001-0240 ("AOC"), which many of those companies have executed. Wacker has not executed the AOC, but it is currently participating as a nonvoting member of the group that was formed to conduct the investigation and remediation of the Portland Harbor Superfund Site. Wacker is participating in this activity, in part, because of the threat of enforcement action from EPA and, in part, because of the threat of civil liability asserted by one or more members of the group. Wacker is currently the subject of an administrative action by the group to insist that Wacker execute the AOC and increase its financial participation in the ongoing investigation. Wacker is resisting this attempt, and time is of the essence in this matter. TENDER Wacker has incurred significant costs in performing a remedial investigation ordered by DEQ and in cooperating with EPA and others relating to ongoing work related to the Portland Harbor Superfund Site. To date, these costs total in excess of$450,000. Work is ongoing and the end is not in sight. By letter dated June 23, 2003, Wacker tendered its coverage claim to its primary insurance providers. The insurance companies, policy numbers, and effective dates of coverage are available on request. Please accept this letter as Wacker's tender and demand for reimbursement Exhibit D of all costs incurred to date and to be incurred in response to these Page 6 of 43
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Page ID#: 345
JORDAN SCHRADER PC
environmental orders and claims, in excess of policy limits and unreimbursed by its primary insurance carriers. As noted above, time is a factor here and we await your instruction. hesitate to call if you have any questions. Very truly yours, JORDAN SCHRADER
PC
Do not
C Enclosures cc: Wacker Siltronic Corporation
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Page ID#: 346
FORYOVRlNFORMAnON
,
STATE OF OREGON DEP ARTMENT OF ENVIRONMENTAL In the Matter of W ACKER PROPERTY WACKER SILTRONIC CORPORATION and NORTHWEST NATURAL GAS COMPANY, Respondents QUALITY
TARLOW, JORDAN & SCHRADER
DEQ No. ECVC-NWR-OO-27 ORDER REQUIRING REMEDIAL INVESTIGATION AND SOURCE CONTROL MEASURES
Pursuant to ORS 465.260(4), the Director, Oregon Department of Environmental
Quality
(DEQ), issues this Order to Wacker Siltronic Corporation and Northwest Natural Gas Company (Respondents ). 1. Purpose The purpose of this Order is to determine the nature and extent of releases of hazardous substances to Willamette River sediments from certain property in Multnomah County, and to develop and implement source control measures to address such releases, if necessary. 2. Findings of Fact A. Respondent Wacker Siltronic Corporation (Wacker) is a Delaware
corporation registered to do business in Oregon. Respondent Northwest Natural Gas Company (NW Natural) is an Oregon corporation. B. Wacker owns real property located at 7200 NW Front A venue in Portland
(Wacker Property), occupying approximately 85 acres along the Willamette River. The Wacker Property was once owned by the Portland Gas and Coke Company (GASCO), which operated an oil gasification plant at the Wacker Property and adjacent properties from 1913 to 1956. Wacker acquired the property in 1978. From March 1980 to present, Wacker has operated a silicon wafer fabricating plant at the property. The -general location of the Wacker Property is shown onof 43 Page 8 Attachment A to this Order. Page 1 of 13 Order - Wacker Property
Exhibit D
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NW Natural owns real property adjacent to the Wacker Property, at 7900
NW St. Helens Road in Portland (NW Natural Property). The NW Natural Property was owned as one parcel with the Wacker Property and operated as an oil gasification plant by GASCa. 1958, GASCa became Northwest Natural Gas Company. NW Natural sold the portion of the GASCO property now owned by Wacker in 1962. The general location of the NW Natural Property is shown on Attachment A to this Order. D. The former GASCa plant produced oil gas and lampblack briquettes. In
Waste generated at the plant included tar, spent oxide, and wastewater containing dissolved and suspended hydrocarbons. Before 1941, wastewater was discharged directly to the Willamette River. In 1941, a series of settling or tar ponds were constructed to receive wastewater. These ponds were located on what is now the NW Natural Property and extended on to the northern portion of the Wacker Property, in areas of low elevation prone to flooding. The tar ponds were periodically excavated and the dredged tar disposed in low-lying areas, including on what is now the Wacker Property. The exact nature and location of these disposal areas are unknown. Over time, the tar ponds were filled with spent oxide material, soil, and rubble and the consolidated materials spread over the southeastern portion of the NW Natural Property and portions of the Wacker Property. E. Subsurface petroleum or tar has been encountered before and during various
Property were found to contain benzene, polycyclic aromatic hydrocarbons (PAHs), cyanide, and lead at concentrations above federal drinking water maximum contaminant levels. In July 1990, two soil samples collected from geotechnical borings at the Wacker Prop-erty'were found to be saturated with a black, oily viscous substance. Total PAH concentrations detected in the two samples were 10,000 milligrams per kilogram (mg/kg) and 6,100 mg/kg, respectively. In October Exhibit D cV"'BIT l...r,l"ll ~ Page 2 of 13 Order - Wacker Property
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1990, groundwater samples collected along the utility corridor at the Wacker Property were found to contain benzene and total petroleum hydrocarbons in concentrations up to 23.3 milligrams per liter (mgll) and 89.1 mgll, respectively. In October 1997, Willamette River sediment samples collected adjacent to the Wacker Property were found to contain concentrations of PAHs up to 100 times baseline concentrations established for the Portland Harbor area. In July 1998, an oil sheen was observed on the Willamette River. The oil sheen originated from contaminated sediments encountered during riverbank repair activities at the Wacker Property. Total petroleum hydrocarbon analysis of the contaminated material detected up to 69 mglkg gasoline, 5810 mg/kg diesel, and 2970 mglkg heavy oil. G. The Wacker Property is located within a six-mile reach of the Willamette
River between Sauvie Island and Swan Island known as the Portland Harbor. A 1997 study by the U.S. Environmental Protection Agency (EPA) identified elevated levels of hazardous substances in shallow, near-shore sediments throughout the Portland Harbor. EPA has proposed the Portland Harbor for inclusion on the National Priorities List (NPL). The Portland Harbor sediments will be the subject of a remedial investigation and feasibility study conducted outside this Order under EPA and/or DEQ oversight. Hazardous substances releases at the NW Natural Property and to Willamette River sediments from the NW Natural Property are the subject of DEQ Agreement No. WMCVC-NWR-94-13, entered August 8,1994. This Order addresses sources, pathways, and
source control measures for hazardous substance releases at the Wacker Property and to sediments adjacent to the Wacker Property.
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investigation and source control measures be performed at the Wacker Property under consensual arrangement with DEQ. 3. Conclusions of Law and Determinations Based on the above Findings of Fact and the administrative record, DEQ determines that: A. The substances described in Subsection 2.P. are "hazardous substances"
strictly and jointly and severally liable under ORS 465.255, and therefore may be required by DEQ to conduct any removal or remedial action necessary to protect public health, safety, and welfare and the environment, pursuant to ORS 465.260 (4). F. The activities required by this Order are necessary to protect public health,
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Property
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Based on the above Findings of Fact and Conclusions of Law and Determinations, DEQORDERS: 4. Notice of Intent to Comply No later than 10 calendar days after issuance of this Order, Respondents, jointly or individually, shall provide written notice to DEQ of Respondents' Order. 5. Work to be Performed A. Remedial Investigation intent to comply with this
Respondents shall perform a Remedial Investigation (RI) in accordan~e with OAR Chapter 340 Division 122, the terms and schedules set forth in the Scope of Work (SOW) contained in Attachment B to this Order, and the terms and schedules set forth in any DEQ-approved work
plan. Once approved by DEQ, a work plan shall be deemed to be incorporated into and made a fully enforceable part of this Order. B. Source Control Measures In accordance with the SOW, Respondents shall identify, characterize, and evaluate any unpermitted discharge or migration of contaminants to the Willamette River or sediments identified in the RI, and, as necessary, develop and implement source control measures to address such releases. C. Additional Measures (1) Respondents may elect at any time during the term of this Order to
undertake measures, beyond those required under this Q,rder and the SOW, necessary to address the release or threatened release of hazardous substances at the Wacker Property. Such
additional measures (including but not limited to engineering or institutional controls and other' removal or remedial measures) shall be subject to prior approval by DEQ;
Exhibit D Page 12 of 43 approved work plan, additional work is necessary to complete the RI in satisfaction of the SOW
(2)
DEQ may determine that, in addition to work specified in the SOW or an
and OAR Chapter 340 Division 122, or is necessary to address unanticipated threats to human Page 5 of 13 Order - Wacker Property DEQ No. ECVC-~~m-27
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DEQ may require that such additional work be incorporated
into the
applicable work plan by modification and/or performed in accordance with a DEQ-specified schedule. Respondents shall modify the work plan and/or implement the additional work in accordance with DEQ's directions and schedule. D. Dredging Activities Respondents shall notify the DEQ Project Manager at least 60 days before undertaking any dredging or other activity that might disturb sediments at or near the Wacker Property. In the notice of dredging or other activity, Respondents shall: (1) evaluate the concentration of hazardous substances present in and below the affected sediments, based on sampling and analyses performed in advance of the notice; (2) document the steps to be taken to ensure that both the activity and the subsequent management and disposal of dredged spoils will be conducted in a manner protective of human health and the environment; and (3) evaluate the effect of the activity on the Portland Harbor remedial investigation and feasibility study. Dredging may proceed under existing permits subject to the above notice and the implementation of any additional dredging or management practices required by DEQ. Respondents shall also notify DEQ of and copy DEQ on any permit application to the Oregon Division of State Lands or United States Army Corps of Engineers for dredging or other activity disturbing sediments adjacent to the Wacker Property. Notwithstanding the foregoing, Respondents may conduct dredging or other activities that might disturb sediments at or near the Wacker Property without giving DEQ 60 days notice, if such activities are conducted in accordance with an effective dredging agreement between Respondents and DEQ describing the notification and sampling-requirements, dredging,
management, and disposal practices, and any other measures Respondents will take to ensure that all activities within the scope of the dredging agreement are conducted in a manner that is
protective of human health and the environment and consistent with harborwide remedial work. Page 6 of 13 Order - Wacker Property
DEQ No. ECVC-~f)()W~-~;73
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6.
supervision ora qualified environmental professional experienced in hazardous substance investigation or remediation. Within 15 calendar days of issuance of this Order, Respondents
shall provide DEQ, in writing, the name, title, and qualifications of such supervising personnel and of contractors and subcontractors to be used in performance of work. Qualifications of such personnel shall be subject to DEQ review and, at DEQ's election, DEQ written approval or disapproval. If DEQ disapproves, in writing, the qualifications of any personnel, Respondents
shall provide DEQ, in writing, the name, title, and qualifications of replacement personnel, subjectto DEQ's review and approval as described above, within 15 calendar days ofDEQ's issuance of written disapproval. If DEQ subsequently disapproves the replacement personnel,
DEQ reserves its right under ORS 465.260 to perform the work required under this Order and to seek reimbursement of its costs from Respondents. (2) If Respondents change supervisory or key contractor personnel
professional selected by Respondents does not constitute DEQ endorsement of that professional or that professional's work product, and Respondents remain responsible for each professional's
work and work product. B. DEQ Approvals (1) Respondents shall not proceed to implempt a~y plan or activity
required under this Order, and shall not proceed with any other investigative or remedial activity concerning hazardous substances released to the environment at or near the Wacker Property, Exhibit D until DEQ review and written approval of the activity is received. Any reports, plans,
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specifications, schedules, or other deliverables required by the Order, upon approval by DEQ, are incorporated into this Order. Any noncompliance with such DEQ-approved deliverables shall be considered a violation of this Order. (2) After review of any plan, report, or other item required to be
deli verable, Respondents shall correct the deficiencies and resubmit the revised report or other item for approval within 10 calendar days of receipt of the DEQ notice or within such other time specified in the notice. (4)
In the event of two deficient submittals of the same deliverable,
in implementing this Order, conducting such tests and taking such samples as DEQ deems necessary under this Order, verifying data submitted to DEQ by Respo~dents, and using camera, sound recording, or other recording equipment. (2) Respondents shall notify DEQ pf any excavation, drilling,
Page 15 of 43
Exhibit D sampling, construction, and surveying to be conducted under this Order, as well as any other on-
. site activities for which DEQ requests advance notice, at least five calendar days before such Page 8 of 13 Order - Wacker Property
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activity. Upon DEQ's verbal request, Respondents shall make available to DEQ a split or duplicate of any sample taken in connection with this Order. D. Project Managers (1) All reports, notices, and other communications required under or
relating to this Order shall be directed to: DEQ Project Manager Eric Blischke Oregon Department of Environmental Quality Northwest Region 2020 SW Fourth Avenue, Suite 400 Portland, Oregon 97201 (503) 229-5648 (503) 229-6899 (fax) blischke.eric@deg.state.or.us (2) Within five calendar days of notification of intent to comply under
Section 4 of this Order, Respondents shall provide DEQ with written designation of one Project Manager for purposes of this Order and receipt of notices and other communications. Respondents' designated Project Manager must be authorized to make day-to-day decisions
necessary to accomplish the work required by this Order. Respondents shall notify DEQ of any change in their designated project manager, in writing, within 48 hours of the change. E. Quality Assurance Respondents shall conduct all sampling, sample transport, and sample analysis in accordance with the quality assurance/quality control (QNQC) provisions approved by DEQ in the work plan required by the attached SOW. Respondents shall ensure that each laboratory used by Respondents for analysis performs such analysis in accordance with the approved QNQC provisions. representatives Respondents shall also ensure that DEQ and its authorized
Exhibit D are allowed access at reasonable times to laboratories and personnel use~ Page 16 of 43 ~~!
Respondents for sample analysis. Page 9 of 13 Order - Wac ker Property
EX,11,;)\~--;1.~Cj~' PAGE~OF ---DEQ ~o. ECVC-NWR-OO-27
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F.
under this Order, Respondents shall provide to DEQ, within 10 calendar days of DEQ' s request, copies of QNQC memoranda and audits, raw data, draft and final plans, draft and final reports, task memoranda, field notes, and laboratory analytical reports that relate in any way to activities under this Order or to other investigative or remedial activities concerning releases of hazardous substances at or from Respondents' respective properties (2) Each Respondent shall preserve all records and documents in its
Exhibit D Page 17 of 43 EXHiBiT
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performed in accordance with all applicable federal, state, and local laws and regulations. I. NPL Listing DEQ reserves its right to modify this Order, the SOW, or the scope of any deliverable required thereunder to address any additional obligations deemed necessary to protect public health, safety, and welfare or the environment if the Wacker Property or the Portland Harbor become part of a federal National Priority List site. 7. Satisfaction of Order Upon completion of work under this Order, Respondents shall submit to DEQ a
written notice of completion. This Order shall be deemed satisfied and terminated upon DEQ's issuance of a certification of satisfactory completion of activities required by this Order.
IT IS SO ORDERED:
By: ~~'~~~ Langdon Marsh, Director } Oregon Department of Environmental Quality Date:
IcJ!l.f/Oe/
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NOTICE REGARDING FAILURE TO CO:MPLY: 1. Upon Respondents' failure to comply with this Order, DEQ may seek any available remedy to enforce this Order, including but not limited to civil penalties and injunctive relief. ORS 465.260, 465.900. 2. Upon Respondents' failure to comply with this Order, Respondents may be liable for any costs incurred by the State of Oregon in conducting the work required under this Order and for punitive damages of up to three times the amount of the state's costs. ORS 465.260 (8) 3. Respondents may not seek an administrative appeal or judicial review of this Order. ORS 465.260(6). NOTICE REGARDING DEQ COSTS: Pursuant to ORS Chapter 465, the Respondents named in this Order are liable for costs incurred by DEQ in issuing and overseeing implementation of this Order. DEQ will issue the Respondents a mont_hlyinvoice of DEQ costs and request payment by check payable to the "State of Oregon, Hazardous Substance Remedial Fund." Any amounts not paid within 30 calendar days of issuance of the invoice will be subject to a nine-percent (9%) per annum interest charge. Any amounts that remain unpaid will be subject to recovery by DEQ pursuant to ORS 465.330 through 465.335 and other applicable law.
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I certify that on
Oc-~. If
, 2000, I served the foregoing ORDER by certified
Eric Blischke
CERTIFICATE OF SERVICE
DEQ No. ECYC-NWR-OO-27
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ATTACHMENT A SITE LOCATION MAP
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O'r~og~.
Port 01 PQrlillnd""'~:'.:
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Approximate Scale: 1" = 2325' BRIDGEWATER GROUP, INC,
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ATTACHMENT B SCOPE OF WORK FOR INVESTIGATION AND SOURCE CONTROL MEASURES
REMEDIAL :1:. SCHEDULE
Respondents shall submit for DEQ review and approval a Remedial Investigation (RI) work plan and subsequent plans and reports that address all elements of this Scope of Work (SOW). Elements of the SOW may be addressed by alternative means or by using existing data or information to the extent that the data are applicable, meet the objectives of the RI, and meet quality assurance and quality control (QA/QC) requirements. All work required below: Document An RI Scoping to DEQ within Order. Document shall be submitted 45 days of issuance of this under this Order shall be performed in accordance with the
schedule
R:I: Scoping
DEQ Review
and Comment
To Respondents after receipt Scoping Document
of RI
Draft
Phase
:I R:I Work Plan
of DEQ
DEQ Review
and Comment
of Draft
Final
Phase
:I RI Work Plan
To DEQ within.30 days of receipt of DEQ comments on draft phase I RI Work Plan. Phase I site characterization activities to be completed within 4 months of DEQ approval of final Phase I RI Work Plan. To DEQ within 90 days of completion of Phase I site characterization activities. To Respondents after receipt of Phase Site Characterization Summary. I
:Initiation
of
Phase I R:I
Phase I Site Summary DEQ Review
Characterization
and Comment
Technical Memorandumon Source Control Measures DEQ Review and Comment
To DEQ within 90 days of completion of phase I site characterization activities. To Respondents after receipt Memorandum on Source Control of Technical. Measures.
Pre1iminary Design Control Measures DEQ Review
of Source
To DEQ within 60 days of- DEQ determination that Source Control Measures are necessary. To Respondents after receipt Preliminary Design of Source Measures.
and comment
Exhibit D of Control Page 23 of 43
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To DEQ within 30 days of receipt of DEQ comments on Preliminary Design of Source Control Measures. Source Control Measures to be constructed and initiated within 6 months of DEQ approval of Final Design of Source Control Measures. To DEQ within 60 days of DEQ determination that additional site characterization activities are necessary. To Respondents after receipt of Draft Phase II RI Work Plan Supplement. To DEQ within 30 days of receipt of DEQ comments on Draft Phase II RI Work Plan Supplement. To be completed within six months of DEQ approval of Phase II RI Work Plan Supplement. To DEQ within six months of completion of all site characterization activities. To Respondents after receipt of Draft RI Report. To DEQ within 45 days of receipt of DEQ comments on Draft RI Report.
Xnitiation Measures
of Source Control
Draft Phase Supplement
xx
RX Work Plan
DEQ Review
and Comment
Final RX Phase XX RZ.Work Plan Supplement
Xnitiation
of Phase xx RI
Draft RX Report
DEQ Review
and COIlIIIII3ilt
Final RI Report
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OBJECT:IVES
Work performed under this Order shall complement and incorporate facility information with the following specific objectives: A.
existing
All work performed under this order shall incorporate the results of, and be coordinated with, the remedial investigation, feasibility study and source control measures at the GASCa site. Identify and characterize all past and present hazardous substance source areas at the Wacker facility .. -Source areas shall be characterized through a review of historical information and the collection of environmental samples for chemical, geotechnical, and other analyses. The evaluation of source areas shall focus on upland operations that may have resulted in a Exhibit D release of hazardous substances. Page 24 of 43
B.
Page B-2
- Scope
of Work for RI and SCM
DEQ
No. [ri~"'~In<L:V;O...
Wacker Siltronic Corporation and Northwest Natural
A
.
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C.
Evaluate all past and present contaminant migration pathways at the Wacker facility. Key elements relevant to contaminant migration include, ~ut are not limited to, the rate and direction of groundwater flow, subsurface contaminant migration to. the Willamette River, overland contaminant migration to the Willamette River, storm water discharge to the Willamette River, direct and indirect release to the Willamette River, preferential migration pathways, volatilization, dust entrainment, and riverbank seepage. Determine the nature, extent, and distribution of hazardous substances in affected media at the Wacker facility. This analysis should focus on the vertical and horizontal extent contamination, groundwater contamination, and surface and subsurface soil contamination.
D.
of
E.
Identify all current and reasonably likely future human and ecological receptors in the locality of the Wacker facility. Receptors shall include human and ecological receptors that may be exposed to hazardous substances in the locality of the facility. This analysis should consider all relevant contaminant migration pathways and the nature, extent and distribution of hazardous substances in affected media. Collect sufficient data and historical information to allow the identification of possible areas of sediment contamination adjacent to the Wacker facility. Areas of potential sediment contamination will be characterized through a Portland Harbor sediment investigation conducted outside this Order. Data collection and evaluation under this Order shall consider the potential for contaminant migration to the Willamette River and over or in-water releases of hazardous substances resulting from current and historic operations at the Wacker facility. Respondents may be required to perform limited sediment or benthic sampling adjacent to the facility as necessary to address an objective of this Scope of Work. Evaluate the risk to human health and the environment from releases of hazardous substances at or from the Wacker facility through the performance of human health and ecological risk assessments. Identify hot spots of contamination, facility. if any, at the Wacker
F.
G.
H.
I.
Generate or use data of sufficient quality for site characterization and risk assessment at the~Wa~ker facility. Develop the information necessary to evaluate and design necessary source control measures to address contaminant releases Exhibit to the willamette River from the Wacker facility, in coordination D with source control measures at the GASCO facility. Page 25 of 43
J.
DEQ
Natural
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K.
I: I: I:
MONTHLY REPORTS
:IV. RJ: SCOP:ING DOCUMENT
Respondents shall prepare an RI Scoping Document. The RI Scoping Document shall include a comprehensive review of site history, previous and ongoing environmental investigations, physiographic features, biological resources and demographic characteristics. The comprehensive review shall consider both the Wacker facility and adjoining GASCa facility. The RI Scoping Document shall present a proposed approach for completing a remedial investigation based on a review of existing information. The proposed RI approach shall address soil, groundwater, surface water, sediments, and air. The proposed RI approach shall provide the framework for the RI Work Plan and shall include, at a minimum, a summary of data collected to date, a conceptual site model (including a conceptual site hydrogeologic model), and a description of RI goals and objectives. The RI Scoping Document shall demonstrate that the proposed RI approach is adequate to meet the schedule specified in this sow. The RI proposal shall consider methodologies presented in the Portland Harbor Sediment Management Plan and the draft Portland Harbor Sediment Investigation Work Plan dated March 31, 2000.
V. REMED:IAL :INVESTI:GATI:ON WORK PLAN
A remedial investigation work plan shall be submitted according to the schedule specified in Section I above. The work plan shall be coordinated with, and incorporate any available results of, the RI/FS at the GASCa facility. The work plan shall be developed in accordance with applicable Oregon Administrative Rules (OAR 340-122-010 through -115), DEQ guidance, and the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA, OSWER Directive 9355.3-01, 1988, as appropriate. Existing data maY be used if it meets data quality objectives for the RI. The results of the RI will be used to guide data collection efforts performed as part of the Portland Harbor sediment investigation outside this Order. The submitted work plan shall include, but not be limited to, the following items:
A. PROJECT MANAGEMENT PLAN
The RI work plan shall ,include a project management plan. The project management plan shall include a schedule for submittal of all documents and implementation of all proposed activities and phases pertaining to this Scope of Work consistent with the Exhibit D schedule specified in Section I; a description of the personnel Page 26 of 43 (including subcontractors, if known) involved in the project, and
Natural
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their respective roles in the projectj and a discussion of how approved variations from the approved work plan will be managed.
B
S:ITE
DESCR:IPT:ION
The RI work plan shall include a discussion of the current understanding of the physical setting of the facility and surrounding areaj the facility historyj hazardous substance and waste management historyj facility operations conducted on, in, over, or adjacent to the willamette River, a~d current facility conditions.
C. S:ITE CHARACTER:IZAT:ION PLAN
The RI work plan shall include a site characterization plan. The site characterization plan shall be consistent with DEQ guidance and the requirements specified in OAR 340-122-080. The site characterization plan shall include, but not be limited to, characterization'of the hazardous substances, characterization of the facility, identification of potential receptors, and the collection and evaluation of information relevant to the identification of hot spots of contamination, and shall address the following: 1. Soils To identify and characterize from the facility to soils. releases of hazardous
Scope: The plan shall supplement previous soil sampling at the facility. The plan shall address all areas of the facility which could potentially have received spills, have received leaks from tanks or piping, have been used for waste treatment or disposal, or have been affected by contaminated surface water or storm water runoff, and all other areas of the facility where soil contamination is known or suspected. Procedures: The plan shall be designed and conducted to determine the vertical and lateral extent of soil contamination, determine the extent to which soil contamination may contribute to Willamette River sediment contamination, characterize the facility geology, determine the physical and chemical soil characteristics relevant to the RI, evaluate the potential for contaminant migration, and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing soil.
2.
Groundwater To identify and characterize releases from the facility to groundwater. of hazardous Exhibit D Page 27 of 43
EXHIBIT PAGE
Page B-5 - Scope Wacker Siltronic of Work for RI and SCM Corporation and Northwest DEQ Natural No.
8D-OF;;I:l
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Scope: The plan shall supplement previous investigations at the facility and shall identify and characterize all past, current, and potential releases of hazardous substances to groundwater from the facility. Procedures: The plan shall be designed and conducted to determine: the vertical and lateral extent of groundwater contamination, both on-site and, if applicable, off-site; estimate the rate of contaminant flux to the Willamette River; determine the extent to which free phase product is migrating to the Willamette River; characterize the facility hydrogeology; determine the physical and chemical characteristics of each water bearing zone relevant to the RI; evaluate the potential for contaminant migration through groundwater; and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing groundwater. Alternative methods for characterizing groundwater should be considered to accelerate the RI. Monitoring wells and other holes must be drilled, constructed, and decommissioned in accordance with OAR Chapter 690, Division 240 and DEQ "Ground Water Monitoring Well, Drilling, Construction and Decommissioning" guidelines (DEQ 1992).
3.
Surface Water To identify and characterize releases from the facility to surface water. of hazardous
Scope: The plan shall supplement previous investigations at the facility and shall identify and characterize all past, current, and potential impacts to surface waters from the facility. Procedures: The plan shall be designed to: determine the extent to which surface water may have been impacted by releases of hazardous substances at the facility; determine the nature and extent of surface water contamination; characterize the facility hydrology; determine the physical and chemical surface water characteristics relevant to the RI including flow characteristics; evaluate the potential for contaminant migration and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodologies for characterizing surface water. 4. Sediments To identify and characterize releases from the facility to sediments. : of hazardo~s
Scope: The plan shall supplement previous investigations at the facility, and shall identify and characterize all past, current, and potential releases of hazardous substances to sediments from the facility in a manner consistent with the Portland Harbor Exhibit D sediment investigation conducted outside this Order. Page 28 of 43
DEQ
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Page ID#: 367
Characterization of the nature and extent of sediment contamination is not required under this Order, but is contemplated to be completed through a Portland Harbor sediment investigation. Procedures: The plan shall be designed to identify sources of sediment contamination from the facility, and characterize release mechanismS from the facility to sediments. The plan shall include the proposed methodology for characterizing releases to sediments and as applicable shall utilize methodologies presented in the Portland Harbor Sediment Management Plan and the draft Portland Harbor Sediment Remedial Investigation and Feasibility Study Work Plan dated March 31, 2000. 5. Air
Objective: To identify and characterize any release of hazardous substances to the air, from soil, surface water, or groundwater contamination at the facility. Scope: The plan shall supplement previous investigations at the facility and shall identify and characterize all past, current, and potential releases (e.g. contaminated soil or groundwater) of hazardous substances to air. Procedures: The plan shall include the proposed methodologies for evaluating air emissions using appropriate emission calculations and/or a field sampling program. The plan shall be designed to delineate the nature and extent of contamination, characterize the site climatology, determine the physical and chemical air characteristics relevant to the RI, evaluate the potential for contaminant migration to the Willamette River and surrounding areas, and gather the information necessary to identify hot spots of contamination. 6. Identification and Water Use of Current and Reasonably Likely Future Land
Objective: To identify current and reasonably likely future land and water uses in the locality of the facility, excluding those of the Willamette River. Scope: The plan shall be designed to identify curren~ and reasonably likely future land and water uses for the purposes of identifying hot spots of contamination and conducting the baseline human r.ealth and ecological risk assessments_ba~ed or- OAR 340-122080, DEQ Guidance, and the Portland Harbor Sediment Management Plan. Procedures: The plan shall include the proposed methodology Exhibit D for identifying current and reasonably likely future land and water 1\. Page 29 of 43 uses in the locality of the facility (excluding uses of t~~\8!T Willamette River).
Pf-\Gc.~OF'2Ei
rr .
Page
WArkpr
B-7 - Scope of Work for RI and SCM Siltronic Co~oration and Northwest Nacural
DEQ
No.
ECVC-NWR-OO-27
Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 30 of 43
Page ID#: 368
D.
SAMPLING AND ANALYSI:S PLAN (SAP)
document
all sampling
and analysjs
Scope: In preparation of the SAP, the following guidance documents shall be utilized: Data Quality Objectives for Remedial Response Activities, EPA/540/G-87/004 (OSWER Directive 9355.0-7B), March, 1987; Test Methods for Evaluating Solid Waste, SW-846 and appropriate updates; and A Compendium of Superfund Field Operations Methods, EPA/540/P-87/001 (OSWER Directive 9355.0-14), December, 1987. The SAP shall address all topics listed in Environmental Cleanup Division Policy #760.000, Quality Assurance Policy. Procedures: The work plan shall include a (SAP). The SAP shall include (QA/QC) procedures for both field and lab procedures. The SAP shall be sufficiently detailed to function as a manual for field staff.
Objective: To establish policies and procedures to protect workers and the public from the potential hazards posed by a hazardous materials site. Scope: The HASP portion of the work plan shall comply CFR 1910.120 and OAR Chapter 437, Division 2. with 29
Procedures: The HASP shall include a description of risks related to RI activities, protective clothing and equipment, training, monitoring procedures, decontamination procedures, emergency response actions.
F. MAPS
and
G. WORKPLAN FOR EVALUATION AND DlPLEMENTATI:ON OF SOURCE CONTROL MEASURES
Objective: To evaluate, design and implementn~cessary source control measures to address contaminant migration to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCa facility. Exhibit Scope: The plan shall gather sufficient information to evaluate, D Page 30 design, and implement necessary source control measures from the of 43
Page B-8
Scope of
Work for
RI and SCM
Wacker
Siltronic
Co~oration
and Northwest
Natural
DEQ
No.
EC~
EXHIB'71ffJ2A :J.q 0f-
Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 31 of 43
Page ID#: 369
with
source
control
measures
at
Procedures: The plan shall be designed and conducted to . characterize all release mechanisms to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility. Characterization data shall be adequate to evaluate, design, and implement necessary source control measures. Source control measures shall address contaminant migration to the river through overland transport, storm water runoff, free phase product migration, direct release, and/or dissolved groundwater contaminant migration.
H. 1. RI:SK ASSESSMENTWORKPLAN
Upland HumanHealth Risk Assessment Objective: To evaluate the collective demographic, geographic, physical, chemical, and biological factors at the.facility, for the purposes of: characterizing current or reasonably likely future risks to human health as a result of a threatened or actual release(s) of a hazardous substance at or from the facility; documenting the magnitude of the potehtial risk at the facility; supporting risk management decisions; and establishing remedial action goals if necessary. Scope: The human health risk assessment shall evaluate risk in the context of current and reasonably likely future land and water uses and in the absence of any actions to control or mitigate these risks (i.e., under an assumption of no action). The human health risk assessment portion of the work plan shall be developed based on the requirements specified in OAR 340-122-084, DEQ guidance, and the Risk Assessment Guidance for Superfund - Human Health Evaluation Manual Part A, United States Environmental Protection Agency (EPA) Interim Final, July 1989 (RAGS-HHEM). The work plan shall use Exhibit 9-1 of the RAGS-HHEM as a framework for discussing the methodologies and assumptions to be used in assessing the potential human health risks at the facility. Procedure: The plan shall describe the different tasks involved in preparing the human health risk assessment. The human health risk assessmen~ can be completed using either deterministic or probabilistic nethodologies. If probabilistic methodologies are to be used, then Respondents shall ob~ain DEQ approval of the proposed risk protocol before the corrcLe~cement of a probabil:stic risk assessmen~. The upland human health risk assessment achieve the following: a. Develop extent, shall be designed to
appropriate exposure units considering and distribution of contamination and
Exhibit D the nature, Page 31 of 43
Page
B-9
Scope
of
Work
fa::
RI
and
SCM
DEQ Natural
No.
ECVC-NV8-C'O-27
Wnckp-r Siltronic
Corporatic~
and Northwest
Case 3:11-cv-01493-ST
Document 1-4
.... :-.'
Filed 12/09/11
Page 32 of 43
Page ID#: 370

.'
b. c. d. e.
f. g. h. 2. uPland
likely future land and water use in the locality of the facility; Establish data quality objectives for each exposure unit identified; Collect data appropriate to satisfy the data quality objectives for each exposure unit; Identify contaminants of interest for each media of concern; Develop exposure scenarios based on current and reasonably likely land use, facility features, and populations potentially exposed; Identify appropriate exposure factors for all exposure pathways to be evaluated; Identify the appropriate toxicity factors for all exposure pathways to be evaluated; and Quantify the risks to human health at the facility. Ecological Risk Assessment
Objective: To evaluate the collective demographic, geographic, physical, chemical, and biological factors at the facility, for the purposes of: characterizing current or reasonably likely future risks to the environment as a result of a threatened or actual release(s) of a hazardous substance at or from the facility; quantifying the potential risk at a facility; supporting risk management decisions; and establishing remedial action goals if necessary. Scope: The ecological risk assessment shall evaluate risk in the context of current and reasonably likely future land and water uses and in the absence of any actions to control or mitigate these risks (i.e., under ariassumption of no action). The ecological risk assessment shall use a tiered approach (with four levels) to produce a focused and cost-effective assessment of risk. The ecological risk assessment work plan shall be developed based on the requirements specified in OAR 340-122-084 and DEQ guidance. Procedure: The plan shall describe the different tasks involved ln preparing the ecological risk assessment. Ecological risk assessments shall include a level I scoping plan and a level II screening plan; and may include a level III baseline plan and a level IV field baseline plan. The level III and level IV baseline plans shall include an exposure analysis, an ecological response analysis, a risk characterization, and an uncertainty analysis. as required by OAR 340-122-084(3). The ecological risk assessment can be completed using either deterministic or probabilistic methodologies. If probabilistic methodologie~are to be used, then Respondents shall obtain DEQ approval of the proposed risk protocol before the commencement of a probabilistic risk assessment. Terrestrial habitats following approach: and receptors shall be evaluated through Exhibit D the Page 32 of 43
DEQ
Natural
Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 33 of 43
Page ID#: 371
a. b.
c.
Complete a Level I Scoping assessment per ODEQ guidance for the terrestrial portion of the facility. Make a preliminary determination of locality of the 'facility with respect to terrestrial receptors and current and potential future exposure to facility-related contaminants. Determine potential for presence/absence of terrestrial threatened or endangered species.
VI:
PHASE
I: SI:TE CBARACTERI:ZATI:ON SUMMARY
The Phase I Site Characterization Summary shall summarize and present preliminary results of the Site Characterization. The summary shall be adequate to allow DEQ to determine whether additional site characterization activities are necessary to complete the RI. The Phase I Site Characterization Summary of the remedial investigation and include A. B. C. D. E.
VJ:I:
shall be based on the results the following elements:
Introduction
and purpose Activities
TECBNJ:CAL MEMORANDUMON SOURCE CONTROL MEASURES
The Technical Memorandum on Source Control Measures shall present all data relevant to the characterization of migration pathways from the Wacker and GASCa facilities to the Willamette River. The Technical Memorandum shall be developed based on Guidance on Conducting NonTime-Critical Removal Actions Under CERCLA, EPA 540/P-91/001 (1993). The Technical Memorandum shall identify any additional data collection activities to be performed during the Phase II RI necessary to complete the characterization of migration pathways. If no additional data are required, the Technical Memorandum shall present and evaluate a set of alternatives for controlling releases to the Willamette River. The Technical Memorandum on Source Control Measures shall be based the results of the site characterization and include the following elements: A. Identification of migration pathways facilities to the wil1amette River. from the Wacker on
and GASCO Exhibit D Page 33 of 43
B.
Characterization of migration pathways facilities to the willamette River
from the
M_~~~_
Page
B-11
c;l~rn";r
- Scope of Work tor RI and SCM rnrnnrA~ion and Northwes~ Natural
DEQ
No.
ECVC-NWR-OO-27
Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 34 of 43
Page ID#: 372
C.
Estimate of magnitude of contaminant migration from the Wacker and GASCO facilities to the Willamette River through overland transport, storm water runoff, free phase product migration, direct release, and dissolved groundwater contaminant migration. Identification of alternatives for source control measures to prevent the ongoing migration of contaminants to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility. Evaluation of alternatives for source control measures to prevent the ongoing migration of contaminants to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility.
J:J: REMEDJ:AL J:NVESTJ:GATJ:ON WORK PLAN
D.
E.
VJ:J:J:. PHASE
Objective: To collect sufficient investigation at the facility. Scope: The Phase II the Wacker and GASCO the characterization hazardous substances
information
to complete
the remedial
at
J:X. SOURCE CONTROL MEASURES DESJ:GN PLAN
to address
contaminant
Scope: The Source Control Measures Design Plan shall be adequate to implement necessary source control measures to address contaminant migration to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCO facility. Procedures: The Source conformance this Scope Design Remedial Action on Expediting Remedial 02; and any additional The Source Control following items: A. B. Control Measures Design Plan shall be developed in of Work and, as appropriate, EPA's "Superfund Remedial Guidance", OSWER Directive 9355.0-4A, 1986; "Guicance Design and Remedial Action., OSWER Di=ective 935S.Sguidance documents as directed by DEQ. Design Plan shall include, at a minimum, the
Measures
Description of proposed Source Control Measures. Proposed schedule for implementation of source control
Exhibit D measures. of 43 Page 34
Page B-12 - Scope of Work for RI and SCM Wac~er Siltronic Corporation and Northwest
DEQ
Natural
No.
Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 35 of 43
Page ID#: 373
c.
D. E.
F.
G. H. I. J.
K. L. M. N.
o.
P.
Q.
Project organization and identification of reporting relationships, duties, responsibilities, lines of communication, and authorities. Identification and description of design objectives. Identification and description of design criteria and performance standards that shall be applied to the source control measures conducted by Respondents. Identification and listing of federal, state, or local laws, regulations, or guidance applicable to or associated with the source control measures and an explanation of how they will be incorporated into the design and implementation of the source control measures. An identification of permitting requirements and a proposal for satisfying or exempting any applicable requirements. Identification and description of any site access agreements required to implement source control measures. Identification and description of any property, utility, right-ofway, topographic, or other site surveys required. A description of any special design/implementation problems anticipated and how they will be addressed. Include any special technical problems, anticipated community relations problems, access, easements, rights-of-way, transportation, utilities, and logistics problems. A description of all source control measure activities to be performed. Procedures for documentation/validation of source control measures. Description of construction methods and equipment to be used. Description of proposed control measures to minimize releases of hazardous substances to all environmental media during construction or installation activities. Description of any measures necessary to control surface water runoff during construction. Identification and description of dust control and noise abatement measures to minimize and monitor environmental impacts of construction or installation activities. Identification and description of any site security measures necessary to minimize exposure to hazardous situations during implementation of source control neasures.
X.
REMEDJ:AL :INVESTIGATION REPORT
The Remedial Investigation report shal~ follow the outline in Table 3-13 (page 3-30 - 3-31) in the CERCLA RI/FS guidance, as applicable, and address the items listed below: A.
B.
Executive
summary.
Introduction. Facility Background. Exhibit D Page 35 of 43
C.
Page
WArkpr
B-13 - Scope of Work for RI ar.d SCM Silrronic Corporation and Northwest Nat~~al
DEQ
No.
ECVC-NWR-OO-27
Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 36 of 43
Page ID#: 374
A discussion and supporting maps of facility operations, facility description, facility setting, and current and reasonably likely future land and water uses.
D.
Study Area
J:nvestigation. for soil,
A discussion of the investigative procedures and results groundwater, surface water, sediments, and air. E. Summary and Conclusions.
A discussion of the nature, extent, distribution and environmental fate and transport of contaminants in soil, groundwater, surface water, sediments, and air.
F.
;Xl: .
RJ:SK ASSESSMENT
REPORT Risk Assessment Report
A.
Human
Health
The results of the human health risk assessment shall follow DEQ risk assessment guidance for human health and RAGS-HHEM Part A. B. Ecological Risk Assessment Report
The main sections of the ecological risk assessment report shall follow specific DEQ guidance for report formats at each level (1III) . XJ:J: DJ:STRJ:BUTl:ON. A. Three (3) bound copies and one (1) unbound copy of all plans, reports (except Quarterly Reports) and memoranda shall be submitted to DEQ. DEQ requests that all copies be duplex printed on recycled paper.
B.
Natural
DEQ
No.
ECVC-NWR-OO-27
Case 3:11-cv-01493-ST
i2/!1/2000 12:45 FAX 503 219 75,
Document 1-4
Filed 12/09/11
FL2
Page 37 of 43
Page ID#: 375

[4J 002
WACKER FABl
UNITED STATES ENVIRONMENTAL
PROTECnON
AGENCY
REGION" 10 1200 Sixth Avenue Seattle, Washington 98101
DEC 0 8 2000
Reply To
ATTN Of:
!
ORC-158
CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mn Service Corporation 111 SW Fifth Avenue, Suite 3500 Portland. OR 97204 Re: Notice of Potential Liability for the Wacker Siltronic facility located at 7200 NW Front Avenue Portland Harbor Superfund Site, Portland, Orego~
To Whom It May Concern: This letter is to notify you of potential liability, as defined by Section l07(a) of the Comprehensive Environmental Response. Compensation and Liability Act, 42 U,S.c. 99607(a). as amended (CERCLA). with respect to the above-referenced Site. Substantially the same letter has been sent to 69 parties. and additional general notice letters may be sent to others. You may receive or have already received notification of potential liability for the Site from the State of Oregon Department of Environmental Quality (DEQ). NOTICE OF POTENTIAL LIABILITY The United States Environmental Proteetion Agency (EPA) in cooperation with DEQ has documented the release or threatened release of hazardous substances. pollutants or contaminants at the Site .. EPA and DEQ have spent public funds on actions to investigate and control such releases or threatened releases at the Site. Under Sections l06(a) and l07(a) ofCERCLA, 42 C,S.c. ~9 9606(a) and 9607(a), Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.c. ~ 6973, as amended (RCRA). and oilier federal and state laws. a Potentially Responsible Party (PRP) or parties may be ordered to perfonn response actions deemed necessary by EPA and/oJ DEQ to protect the public health. welfare, or the environment. and may be liable for all costs incurred by each government in responding to any release or threatened release at the Site. In addition, PRPs may be required to pay for damages to. destruction. of, or loss of natural resources, including the costs of assessing such damages. Exhibit D
Page 37 of 43 EXI!lS:T
'is
PAGE~OF
.3 .
Case 3:11-cv-01493-ST
12/11/2000 12:45 FAX 503 219 759'
Document 1-4
Filed 12/09/11
Page 38 of 43
Page ID#: 376

f4I 003
WACKER FAB1 FL2
EPA. in cooperation with DEQ, has evaluated infonnation in connection with the investigation of the Site. Based on this information. EPA believes Wacker Siltronic may be a PRP with respect to this Site. PRPs under CERCLA include current owners and operators of any portion of the Site, prior owners and operators at the time of a release. as well as persons who arranged for disposal or treatment of hazardous substances sent to the Site, or persons who accepted hazardous substances for transport to the Site. In accordance with CERCLA and other authorities, EPA has already undertaken certain actions and incurred certain costs in response to conditions at the Site. These response actions include the performance of assessments arid other activities necessary to include the Site on the CERCLA National Priorities List (NPL) of hazardous waste sites, development of a partnership with DEQ for the investigation and cleanup of the Site. and co.nsultationwithJederaI. st.ate and tribal CERCLA Natural Resource Trustees. In accordance with EPA and DEQ joint management plans for the Site, EPA will be the lead agency, as defined in CERCLA's implementing regulations. also known as the National Contingency Plan (NCP), for in-water contamination at the Site. DEQ will be the lead agency for upland contaminatiori. although the agencies intend to coordinate,all their efforts and may share tasks as they deem appropriate. EPA accordingly anticipates expending additional funds for response activities at the Site. PRP RESPONSE AND EPA CONTACT PERSON The next major step EPA anticipates takingis the negotiation of an AdmiIiistrative Order on Consent with willing PRPs for the performance a Remedial InvestigationlFeasibility Study (RIIFS) to determine the nature and extent of in-water contamination at the Site, and to analyze remedial alternatives. EPA may send special notice letters. in accordance with Section 122(e) of CERCLA. 42 U.S.c. ~ 9622(e), which will provide more information about the Site, and set forth a specific schedule for RIlFS negotiations, or EPA may commence negotiations without special notice at the request of voluntary parties able to demonstrate their capacity to adequately fund and perfonn the RIIFS. You are encouraged to contact EPA by December 28,2000. to indicate whether-you are interested at this tiIne in volunteering to enter negotiations to perfonn the R.IlFS and to reimburse response costs incurred by EPA and to be incurred by EPA at the Site. EPA expressly reserves the right to issue special notice regardless of how many volunteers respond aft1rmatively to general notice letters. Any written response to this letter should be sent to: U.S. Environmental Protection Agency Elizabeth McKenna.. Attorney Office of Regional Counsel 1200 Sixth Avenue, MIS ORC 158 Seattle, Washington 98101
Case 3:11-cv-01493-ST
12111/2000 12: 46 FAX 503
:.
Document 1-4
Filed 12/09/11
FL2
Page 39 of 43
Page ID#: 377

141004
219
759,
WACKER FABI
3 Th.is letter is intended solely for notification and information purposes. Nothing in this letter can be relied upon as a final EPA position on any matter .. Inquiries by counselor inquiries of a legal nature should be.directed to Elizabeth McKenna, 206-553-0016, or Charles Ordine. 206-553-1504, Office of Regional Counsel. Technical, scope, budget, aDd other questions for EPA regarding thiSletter or the Site should be directed to Wallace Reid, 206-553-1728, or Chip Humphrey, 503-326-2678 .
.Enclosure: Recipient Ust cc: Mike Rosen, DEQ Katherine Young, P.O. Box 83180, Portland, OR 97263-0180
...
Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 40 of 43
Page ID#: 378
SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits.
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Mission Insurance Company c/o CT Corporation System, R.A. 388 State St Ste 420 Salem OR 97301
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N:1,tional Surety Corporation
cio CT Corporation System, R.A.

388 State St Ste 420 $alem OR 97301
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Case 3:11-cv-01493-ST
Document 1-4
Filed 12/09/11
Page 42 of 43
COMPLETE
Page ID#: 380

Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired., ' Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on t'he front if space permits.
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M. TALLENT
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Fireman's Fund Insurance Company 777 San Marin Drive Novato CA 94998
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Gr~nite State Insurance Company .~. c/o American International Companl.e 195 Water St 18th Floor New York NY 10038-0000
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Case 3:11-cv-01493-ST
Document 1-4
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Page 43 of 43
COMPLETE
Page ID#: 381

SENDER: COMPLETE THIS SECTION 'Complete items 1, 2,and 3. Also complete item 4 if R~stricted Delivery is desired. Prin~vour name and address on the reverse so that we can return the card to you. Attach tl!ii5 card to the back of the mailpiece, orio the front if space permits.
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Fireman's Fund Insurance Company c/o CT Corporation System, R.A. 388 State St Ste 420 Sale~ OR 97301-0000
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American International Companie,L c/o Corporation Service Company, R.A. 285 Liberty St NE Salem OR 97301-0000
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Case 3:11-cv-01493-ST
/
Document 1-5
Filed 12/09/11
Page 1 of 63
Page ID#: 382
FILE COpy
FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED
June 22, 2006
Insurance Company of North America PO Box 1000 Philadelphia PA 19106 Insurance Company of North America c/o Patti Dietz Registered Agent 12909 SW 68th Pkwy, Ste 200 Portland OR 97223
CHRISTOPHER
L. REIVE
Re:
Admitted In:
Tender for Insurance Coverage and Notice of Lost Policy (ORS 465.479) Our Client: Siltionic Corporation, fka Wacker Siltronic Corporation Our File No. 46454-33224
Ladies and Gentlemen: This letter tenders our client's, Wacker Siltronic Corporation, nka Siltronic Corporation ("Siltronic"), claims for defense and indemnity arising from claims and losses Siltronic has and will sustain investigating and remediating hazardous wastes contaminating soil and groundwater at its property located at 7200 NW Front Avenue, Portland, Oregon ("Property"). We are informed that Insurance Company of North America ("INA") issued an excess liability policy to Siltronic covering calendar year 1981. Our client's records indicate that your policy number XBC 052145 ("lost policy") was issued to one or all of the following named insureds: Wacker Siltronic Corporation Wacker Chemical Corporation Wacker Chemie, G.M.B.H. Wacker Chemitronic, G.M.B.H.
Exhibit E Page 1 of 63
Direct Dial
(503) 598-5544
E-mail
chris. reive@jordanschrader.com
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After a diligent investigation and search by my client of its own records, including computerized records and the records of past and present agents,
Portland, OR 97281 Phone: 503.598.7070 Fax: 503.598.7373 Toll Free: 888.598.7070
P.O. Box 230669
www.jordanschrader.com
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JORDA1'-1 SCHRADERrc
ATTOFlN!VS AT LAW
Insurance Company of North America June 22, 2006 Page 2
Siltronic is unable to locate the lost policy. We have attached copies of the following records referencing the lost policy: 1. 2. Wacker Siltronic Policy History; Memorandum dated January 5, 1981 from Fireman's Fund to Rollins Burdick Hunter; and Memorandum dated December 7, 1981 from Rollins Burdick Hunter to Fireman's Fund.
3.
In accordance with ORS 465.479, please investigate thoroughly and promptly your records for INA to determine whether INA issued Policy XBC 052145, and/or any other insurance applicable to Siltronic's claim. If, in fact, INA issued the lost policy, and/or any other insurance applicable to Siltronic's claim, you are obligated to provide an accurate copy of the terms of such insurance or a reconstruction of such policy(ies) in response to this notice and request. Consider this letter Siltronic's request for a full and accurate copy of the lost policy and of any other insurance policies applicable to Siltronic's claim. Please notify us, in writing, of the results of your investigation at your earliest opportunity, but in no event later than 30 days after this notice. Siltronic provides the following factual summary in support of this tender of its claims and demand for coverage. BACKGROUND" Siltronic acquired real property located 7200 NW Front Avenue in Portland, Oregon (the "Property") from the City of Portland Development Commission ("PDC") in 1978. The PDC had acquired the Property from individual investors as part of an overall economic development program sponsored by local and state authorities. The Property is located in northwest Portland, Oregon, on the southwest shoreline of the Willamette River. It covers approximately 85 acres and is accessed via Front A venue, in Multnomah County. It is zoned "Heavy Industrial" and is surrounded on three sides by industrial properties including Northwest Natural Gas Company (now known as NW Natural), StarLink Logistics, Inc., ESCO Corporation, and Atofina, all of which are conducting environmental investigations of their respective properties.
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}ORDAI-J SCHRADERrc
ATTORNEYS AT LAW
Siltronic has constructed offices, a warehouse, manufacturing buildings and paved parking areas on the Property and has operated continuously since 1980. Siltronic's operations focus primarily on the manufacture of silicone wafers. This work primarily occurs within two separate facilities on the Property (Fab 1 and Fab 2). Fab 1 has been in operation since March 1980; Fab 2 began operation soon after it was constructed in 1995. Production support activities on the Property include administration, facility and equipment maintenance, product warehousing, and attendant pollution control including air contaminant control equipment and a process wastewater treatment facility. As mentioned above, the Property is located on the Willamette River in northwest Portland, Oregon. As a result, it is located adjacent to the Portland Harbor National Priorities List (NPL) area, a six-mile section of the Lower Willamette River. In October 1997, the u.s. Environmental Protection Agency (EPA) began sediment sampling within the Portland Harbor, initially collecting 150 sediment samples. All sediment samples collected were analyzed for selected total metals, semi-volatile organic compounds including polycyclic aromatic hydrocarbons (PAHs), total organic carbon, and grain-size. Selected sediment samples were analyzed for polychlorinated biphenyls (PCBs), titanium, organotins, pesticides and chlorinated herbicides. Based on the analytical results from those sediment samples, in July 2000 the EPA proposed that the Portland Harbor be added to the Federal National Priority List. In December 2000, the Portland Harbor was placed on the NPL. Based upon data from the sediment samples collected offshore of the Siltronic site which demonstrated the presence of certain inorganic analytes and PAHs, Oregon's Department of Environmental Quality ("DEQ") concluded that the Property may be a source of contamination in the Willamette River sediments. DEQ subsequently recommended the site for a Remedial Investigation and Feasibility Study ("RIfFS"). DEQ ORDER - 2000 On October 4,2000, DEQ's then Director issued a joint Order to Siltronic and its neighbor, Northwest Natural Gas Company, requiring a remedial investigation and source control measures on the Property. That Order (DEQ Order No. ECVC-NWR-00-27, the "DEQ Order") is attached hereto and incorporated herein as Exhibit "A." Among the findings of fact contained in the DEQ Order are:
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JORDA,-i SCHRADERrc
ATTORNEYS AT LA.W
Insurance Company of North America June 22,2006 Page 4
Subsurface petroleum or tar has been encountered on the Property. Groundwater samples collected at the Property were found to contain benzene, PAHs, cyanide and lead at concentrations above federal drinking water maximum contaminant levels. Soil samples collected from geotechnical borings at the Property were found to be saturated with a black, oily viscous substances which tested positive for PAHs. Groundwater samples collected at the Property were Tound to contain benzene and total petroleum hydrocarbons in excess of maximum contaminant levels.
Among the conclusions of law contained in the DEQ Order are: The contaminants described in the findings of fact are "hazardous substances" within the meaning of DRS 465 .200( 15). The presence of such hazardous substances in soils, groundwater and sediments at or near the Property is a result of a "release" into the environment within the meaning of DRS 465.200(21). The Property and adjacent contaminated sediments are a "facility" within the meaning ofORS 465.200(12). Wacker is a "person" within the meaning of DRS 465.200(20). As a current or past owner or operator of a facility, Wacker is strictly, jointly and severally liable under DRS 465.255 and, therefore, may be required by DEQ to conduct any removal or remedial action necessary to protect public health, safety and the environment pursuant to DRS 465.260(4).
Accordingly, DEQ ordered Siltronic and Northwest Natural Gas Company to jointly perform a remedial investigation. Siltronic has formally denied many ofDEQ's findings and conclusions and has demanded that Northwest Natural Gas Company conduct the work required by the DEQ Order subject to an access agreement that has been negotiated between the parties for that purpose. Northwest Natural Gas Company has complied with that demand subject to a reservation of rights to date.
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JORDAI--J SCHRADERrc
ATTORNEYS AT LAW
DEQ ORDER - 2004 On February 5, 2004, DEQ issued a unilateral order to Siltronic (DEQ No. VC-NWR-03-16, "DEQ 2004 Order") requiring a remedial investigation and source control measures with respect to releases oftrichloroethene ("TCE") and its degradation byproducts. A copy ofthe DEQ 2004 Order is attached hereto and incorporated herein as Exhibit B. Issuance of the DEQ 2004 Order was triggered by discovery of chlorinated solvents in groundwater at the Property during the investigation required by the initial DEQ Order. Siltronic is currently completing its remedial investigation under the DEQ 2004 Order and performing a pilot study with respect to source control measures. EPA NOTICE On December 8, 2000, EPA issued to Siltronic a Notice of Potential Liability ("EPA Notice"), a copy of which is attached hereto and incorporated herein as Exhibit "c." The EPA Notice declares that EPA, in cooperation with DEQ, has documented the release or threatened release of hazardous substances, pollutants or contaminants at the Portland Harbor Superfund Site. It further states that under CERCLA, 42 U.S.c. SS 9606(a) and 9607(a), RCRA, 42 U.S.C. S 6973, and other federal and state laws, Siltronic is a potentially responsible party ("PRP") and may be ordered to perform response actions deemed necessary by EPA and/or DEQ to protect the public health, welfare or the environment and may be liable for all costs incurred by each government in responding to any release or threatened release at the Site. The EPA Notice also states that PRPs may be required to pay for damages to, destruction of, or loss of natural resources, including the costs of assessing such damages. Forms of the above EPA Notice were issued and delivered to many companies located adjacent to the Portland Harbor Superfund Site, and EPA subsequently negotiated and issued an Administrative Order on Consent for Remedial InvestigationlFeasibility Study in U.S. EPA Docket No. CERCLA-1O-2001-0240 ("AGC"), which many of those companies have executed. Siltronic has not executed the AOC, but it is currently participating as a Funding Member of the group (known as the Lower Willamette Group) that was formed to conduct the remedial investigation and feasibility study of the Exhibit E Portland Harbor Superfund Site. Siltronic is participating in this activity, in Page 5 of 63
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JO RDA N SCHRADERrc
ATTORNEVS AT LAW
part, because of the threat of enforcement action from EPA and, in part, because of the threat of civil liability asserted by one or more members of the group. TENDER Siltronic has incurred significant costs in performing a remedial investigation ordered by DEQ and in cooperating with EPA and others relating to ongoing work related to the Portland Harbor Superfund Site. Please accept this letter as Siltronic's tender and demand for reimbursement of all costs incurred to date and to be incurred in response to these environmental orders and claims. Do not hesitate to call if you have any questions. Sincerely,
cc:
Siltronic Corporation
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Wacker Siltronic Policy History Environmental Claim

1978 to 1986
Policy Term 8/17rr8-79 11/1rr8-80 11/1rr8-79
Type of Coverage General liability Umbrella Excess Umbrella
Insuring Company Wausau Granite Mission ("Nationwide Insurance")
Policy Number 23200039640 6578-5751 M846279
Received Yes Yes Yes

Unable to locale policy without policy
Second Request
11/1rr8-79 105rT8-11/180
Umbrella Builders Risk
Fireman Fund Wausau ("Nationwide Insurance")
Binder 23200039640
number
Yes
81Hrr9-80 11/1rr9-80
General Umbrella
liability
Wausau Mission
("Nationwide
Insurance")
2320000396 M846279
Yes Yes
Unable to locale policy without policy
11/1rT9-80 1/1/80-81
Umbrella General liabiliy Umbrella Umbrella Umbrella
Fireman Fund Wausau ("Nationwide Insurance")
Binder 2100039640 EUL5072561 XLX1217784 65806886 Insurance") 6003039640 OZFOO3408 AFS103017
number
Yes
Unable to identity carner
Swelt & Crawford Fireman's Wausau Kemper Allianz Wausau ("Nationwide Insurance") Fund ("Nationwide C.V. Starr (AIG)
Yes 6/2 Yes

unable to locate policies
6/1/80-81
Property Property Property
Yes Yes
Unable to identify carner
1/1/81-82
General Liability Umbrella Umbrella
2200039640 28857 XBC052145
Swett & Crawford INA Wausau Kemper Allianz Wausau Fireman's Wausau Kemper Allianz Wausau ("Nationwide Fireman's Fund C.v. Starr Wausau ("Nationwide Insurance") Insurance") ("Nationwide Fund ("Nationwide Insurance") Insurance") ("Nationwide Insurance")
6/1/81-82
Property Property Proper1y
6003039640 OZFOO3408 AFS103017 2300039640 XLX1370824 65818028 6003039640 OZFOO3408 AFS103017 2400039640 XLX1370811 65830219 6003039640
Yes
unable 10 locale polrcies
Yes Yes Yes 6/2 Yes

unable to locate policies
1/1/82-83
General liability Umbrella Umbrella
C.V. Starr (AIG)
6/1/82-83
Proper1y Property Property
Yes Yes Yes 6/2 Yes
1/1/83-84
General liabiity Umbrella Umbrella
6/1/83-84
Property
1/1/84-85
General liability Umbrella Umbrella Property
Wausau Fireman's Wausau
("Nationwide Fund ("Nationwide
Insurance")
2500039640 XLX1370769 65841229
Yes Yes 6/2 Yes
C.V. Starr (AIG) Insurance")
6003039640
1/1/85-86
General liability Umbrella Umbrella Property
Wausau ("Nationwide Fireman's Fund
Insurance")
2600039640 XLX1482136 65852733 6003039640
Yes Yes 6/2 cancelled
CY Starr (AIG)
Wausau ("Nationwide Insurance")
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Case 3:11-cv-01493-ST
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~-----~---------~--------- -----STATtDF~OREGON-DEPARTMENT OF ENVIRON:MENTAL QUALITY In the Mattei of DEQ No. ECVC-NWR-00-27 WACKER PROPERTY WACKER SILTRONIC CORPORATION and NORTHWEST NATURAL GAS COMPANY, Respondents
FOR YOUR INFORMATION TARLOW. JORDAN &. SCHRADER
ORDER REQUIRING REMEDIAL INVESTIGATION AND SOURCE CONTROL MEASURES
Pursuant to ORS 465.260(4), the Director, Oregon Department of Environmental Quality (DEQ), issues this Order to Wacker Siltronic Corporation and Northwest Natural Gas Company (Respondents ). 1. Purpose The purpose of this Order is to determine the nature and extent of releases of hazardous substances to Willamette River sediments from certain property in Multnomah County, and to develop and implement source control measures to address such releases, if necessary. 2. Findings of Fact A. Respondent Wacker Siltronic Corporation (Wacker) is a Delaware
corporation registered to do business in Oregon. Respondent Northwest Natural Gas Company (NW Natural) is an Oregon corporation. B. Wacker owns real propeI1y located at 7200 NW Front Avenue in Portland
(Wacker Property), occupying approximately 85 acres along the Willatnette River. The Wacker Property was once owned by the Portland Gas and Coke Company (GASCO), which operated an oil gasification plant at the Wacker Property and adjacent properties from 1913 to 1956. Wacker acquired the property in 1978. From March 1980 to present, Wacker has operated a silicon wafer fabricating plant at the property. The general location of the Wacker Property is shown on Attachment A to this Order. Page 1 of 13 Order - Wacker Property
EXHIBIT _
Exhibit E Page 10 of 63 PAGE ----L OF :JCL
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NW Natural owns real property adjacent to the Wacker Property, at 7900
NW S1. Helens Road in Portland (NW Natural Property). The NW Natural Property was owned as one parcel with the Wacker Property and operated as an oil gasification plant by GASCa. In 1958, GASCa became Northwest Natural Gas Company. NW Natural sold the portion of the
GASCa property now owned by Wacker in 1962. The general location of the NW Natural Property is shown on Attachment A to this Order. D. The former GASCO plant produced oil gas and lampblack briquettes.
Waste generated at the plant included tar, spent oxide, and wastewater containing dissolved and suspended hydrocarbons. Before 1941, wastewater was discharged directly to the Willamette
Ri ver. In 1941, a series of settling or tar ponds were constructed to receive wastewater. These ponds were located on what is now the NW Natural Property and extended on to the northern portion of the Wacker Property, in areas of low elevation prone to flooding, The tar ponds were periodically excavated and the dredged tar disposed in low-lying areas, including on what is now the Wacker Property. The exact nature and location of these disposal areas are unknown. aver time, the tar ponds were filled with spent oxide material, soil, and rubble and the consolidated
materials spread over the southeas.tern portion of the NW Natural Property and portions of the Wacker Property. E. Subsurf~ce petroleum or tar has been encountered before and during various
Property were found to contain benzene, polycyclic aromatic hydrocarbons (PAHs), cyanide, and lead at concentrations above federal drinking water maximum contaminant levels. In July 1990, two soil samples collected from geotechnical borings at the Wacker Property were found to be saturated with a black, oily viscous substance. Total PAH concentrations detected in the two samples were 10,000 milligrams per lGlogram (mglkg) and 6,100 mglkg, respectively. In October
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---~--
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----1990:-groundwater
samplesc-oTlectecralong the utility corridor at the Wacker Property were found
to contain benzene and total petroleum hydrocarbons in concentrations up to 23.3 milligrams per liter (mg/I) and 89.1 mg/I, respectively. In October 1997, Willamette River sediment samples collected adjacent to the Wacker Property were found to contain concentrations of PAHs up to 100 .timesbaseline concentrations established for the Portland Harbor area. In July 1998, an oil sheen was observed on the Willamette River. The oil sheen originated from contaminated sediments encountered during riverbank repair activities at the Wacker Property. Total petroleum hydrocarbon analysis of the contaminated material detected up to 69 mg/kg gasoline, 5810 mg/kg diesel, and 2970 mg/kg heavy oil. G. The Wacker Property is located within a six-mile reach ofthe Willamette
River between Sauvie Island and Swan Island known as the Portland Harbor. A 1997 study by the u.S. Environmental Protection Agency (EPA) identified elevated levels of hazardous substances in shallow, near-shore sediments throughout the Portland Harbor. EPA has proposed the Portland Harbor for inclusion on the National Priorities List (NPL). The Portland Harbor sediments will be the subject of a remedial investigation and feasibility study conduct~d outside this Order under EPA and/or DEQ oversight. Hazardous substances releases at the NW Natural Property and to Willamette River sediments from the NW Natural Property are the subject ofDEQ Agreement No. WMCVC-NWR-94-13, enteredAugust 8,1994_ This Order addresses sources, pathways, and source control measures for hazardous substance releases at the Wacker Property and to sediments adjacent to the Wacker Property.
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H.
investigation and source control measures be performed at the Wacker Property under consensual arrangement with DEQ. 3. Conclusions of Law and Determinations Based on the above Findings of Fact and the administrative record, DEQ determines that: A. The substances described in Subsection 2.F. are "hazardous substances"
strictly and jointly and severally liable under ORS 465.255, and therefore may be required by DEQ to conduct any removal or remedial action necessary to protect public health, safety, and welfare and the environment, pursuant to ORS 465.260 (4). F. The activities required by this'Order are necessary to protect public health,
=:XH!BIT
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Based on the above Findings of Fact and Conclusions of Law and Determinations, DEQORDERS: 4. Notice of Intent to Comply No later than 10 calendar days after issuance of this Order, Respondents, jointly or individually, shall provide written notice to DEQ of Respondents' intent to comply with this Order. 5. Work to be Performed A. Remedial Investigation
Respondents shall perform a Remedial Investigation (RI) in accordance with OAR Chapter 340 Division 122, the terms and schedules set forth i,nthe Scope of Work (SOW) contained in Attachment B to this Order, and the terms and schedules set forth in any DEQ-approved work .plan. Once approved by DEQ, a work plan shall be deemed to be incorporated into and made a fully enforceable part of this Order.
B.
Source Control Measures In accordance with the SOW, Respondents shall identify, characterize, and
evaluate any unpermitted discharge or migration of contaminants to the Willamette River or sediments identified in the RI, and, as necessary, develop and implement source control measures to address such releases. C. Additional Measures (1) Respondents may elect at any time during the term of this Order to
undertake measures, beyond those required under this Qrder and the SOW, necessary to address the release or threatened release of hazardous substances at the Wacker Property. Such additional measures (including but not limited to engineering or institutional controls and other removal or remedial measures) shall be subject to prior approval by DEQ; (2) DEQ may determine that, in addition to work specified in the SOW or an
approved work plan, additional work is necessary to complete the RI in satisfaction of the SOW and OAR Chapter 340 Division 122, or is necessary to address unanticipated threats t~;~~~n_.L( Page 5 of 13 Order- Wacker Property
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Exhibit E.. ..__~._ Page 14 of 63
DEQ No. ECVC-NWlt()(J-2T~'
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DEQ may require that such additional work be incorporated into the
applicable work plan by modification and/or performed in accordance with a DEQ-specified schedule. Respondents shall modify the work plan and/or implement the additional work in accordance with DEQ's directions and schedule. D. Dredging Activities Respondents shall notify the DEQ Project Manager at least 60 days before undertaking any dredging or other activity that might disturb sediments at or near the Wacker Property. In the notice of dredging or other activity, Respondents shall: (1) evaluate the concentration of hazardous substances present in and below the affected sediments, based on sampling and analyses performed in advance of the notice; (2) document the steps to be taken to ensure that both the activity and the subsequent management and disposal of dredged spoils will be conducted in a manner protective of human health and the environment; and (3) evaluate the effect of the activity on the Portland Harbor remedial investigation and feasibility study. Dredging may proceed under existing permits subject to the above notice and the implementation of any additional dredging or management practices required by DEQ. Respondents shall also notify DEQ of and copy DEQ on any permit application to the Oregon Division of State Lands or United States Army Corps of Engineers for dredging or other activity disturbing sediments adjacent to the Wacker Property. Notwithstanding the foregoing, Respondents may conduct dredging or other activities that might disturb sediments at or near the Wacker Property without giving DEQ 60 days notice, if such activities are conducted in accordance with an effective dredging agreement between Respondents and DEQ describing the notification and sampling requirements, dredging, management, and disposal practices, and any other measures Respondents will take to ensure that all activities within the scope of the dredging agreement are conducted in a manner that is protective of human health and the environment and consistent with harborwide remedial work. Page 6 of 13 Order - Wacker Property
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6.
supervision of a qualified environmental professional experienced in hazardous substance investigation or remediation. Within 15 calendar days of issuance of this Order, Respondents shall provide DEQ, in writing, the name, title, and qualifications of such supervising personnel and of contractors and subcontractors to be used in performance of work. Qualifications of such personnel shall be subject to DEQ review and, at DEQ's election, DEQ written approval or disapproval. If DEQ disapproves, in writing, the qualifications of any personnel, Respondents shall provide DEQ, in writing, the name, title, and qualifications of replacement personnel, subject to DEQ's review and approval as described above, within 15 calendar days of DEQ' s issuance of written disapproval. If DEQ subsequently disapproves the replacement personnel, DEQ reserves its right under ORS 465.260 to perform the work required under this Order and to seek reimbursement of its costs from Respondents. (2) If Respondents change supervisory or key contractor personnel
professional selected by Respondents does not constitute DEQ endorsement of that professional. or that professional's work product, and Respondents remain responsible for each professional's work and wQrk product. B. DEQ Approvals (1) Respondents shall not proceed to implement any plan or activity
required under this Order, and shall not proceed with any other investigative or remedial activity concerning hazardous substances released to the environment at or near the Wacker Property, until DEQ review and written approval of the activity is received. Any reports, plans,
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specifications, schedules, or other deliverables required by the Order, upon approval by DEQ, are incorporated into this Order. Any noncompliance with such DEQ':approved deliverables shall be considered a violation of this Order. (2) After review of any plan, report, or other item required to be
deliverable, Respondents shall correct the deficiencies and resubmit the revised report or other item for approval within 10 calendar days of receipt of the DEQ notice or within such other time specified in the notice. (4) In the event of two deficient submittals of the same deliverable,
in implementing this Order, conducting such tests and taking such samples as DEQ deems necessary under this Order, verifying data submitted to DEQ by Respondents, and using camera, sound recording, or other recording equipment. (2) Respondents shall notify DEQ of any excavation, drilling,
sampling, construction, and surveying to be conducted under this Order, as well as any other onsite activities for which DEQ requests advance notice, at least five calendar days before such Page 8 of 13 Order - Wacker Property
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activity. Upon DEQ's verbal request, Respondents shall make available to DEQ a split or duplicate of any sample taken in connection with this Order. D. Project Managers
(I)
All reports, notices, and other communications required under or
relating to this Order shall be directed to: DEQ Project Manager Eric BIischke Oregon Department of Environmental Quality Northwest Region 2020 SW Fourth Avenue, Suite 400 Portland, Oregon 9720 I (503) 229-5648 (503) 229-6899 (fax) blischke.eric@deg.state.or.us (2) Within five calendar days of notification of intent to comply under
Section 4 of this Order, Respondents shall provide DEQ with written designation of one Project Manager for purposes of this Order and receipt of notices and other communications. Respondents' designated Project Manager must be authorized to make day-to-day decisions necessary to accomplish the work required by this Order. Respondents shall notify DEQ orany change in their designated project manager, in writing, within 48 hours of the change. E. Quality Assurance Respondents shall conduct all sampling, sample transport, and sample analysis in accordance with the quality assurance/quality control (QAJQC) provisions approved by DEQ in the work plan required by the attached SOW. Respondents shall ensure that each laboratory used by Respondents for analysis performs such analysis in accordance with the approved QA/QC provisions. Respondents shall also ensure that DEQ and its authorized representatives are allowed access at reasonable times to laboratories and personnel used by Respondents for sample analysis. Page 9 of 13 Order - Wacker Property
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F.
under this Order, Respondents shall provide to DEQ, within 10 calendar days of DEQ's request, copies of QAJQC memoranda and audits, raw data, draft and final plans, draft and final reports, task memoranda, field notes, and laboratory analytical reports that relate in any way to activities under this Order or to other investigative or remedial activities concerning releases of hazardous substances at or from Respondents' respective properties (2) Each Respondent shall preserve all records and documents in its
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H.
performed in accordance with all applicable federal, state, and local laws and regulations. I. NPL Listing DEQ reserves its right to modify this Order, the SOW, or the scope of any deliverable required thereunder to address any additional obligations deemed necessary to protect public health, safety, and welfare or the environment if the Wacker Property or the Portland Harbor become part of a federal National Priority List site. 7. Satisfaction of Order Upon completion of work under this Order, Respondents shall submit to DEQ a written notice of completion. This Order shall be deemed satisfied and terminated upon DEQ's issuance of a certification of satisfactory completion of activities required by this Order.
IT IS SO ORDERED: By
~~~>-e'_~~~
Date
Langan Marsh, Director J Oregon Department of Environmental Quality
DEQ No. ECVC~NWR-OO-27
Case 3:11-cv-01493-ST
Document 1-5
Filed 12/09/11
Page 21 of 63
Page ID#: 402
NOTICE REGARDING FAILURE TO COMPLY: 1. Upon Respondents' failure to comply with this Order, DEQ may seek any available remedy to enforce this Order, including but not limited to civil penalties and injunctive relief. ORS 465.260,465.900. 2. Upon Respondents' failure to comply with this Order, Respondents may be liable for any costs incurred by the State of Oregon in conducting the work required under this Order and for punitive damages of up to three times the amount of the state's costs. ORS 465.260 (8) 3. Respondents may not seek an administrative appeal or judicial review of this Order. ORS 465.260(6). NOTICE REGARDING DEQ COSTS: Pursuant to ORS Chapter 465, the Respondents named in this Order are liable for costs incurred by DEQ in issuing and overseeing implementation of this Order. DEQ will issue the Respondents a monthly invoice of DEQ costs and request payment by check payable to the "State of Oregon, Hazardous Substance Remedial Fund." Any amounts not paid within 30 calendar days of issuance of the invoice will be subject to a nine:..percent (9%) per annum interest charge. Any amounts that remain unpaid will be subject to recovery by DEQ pursuant to ORS 465.330 through 465.335 and other applicable law.
DEQ No. ECYC-NWR-00-27
Case 3:11-cv-01493-ST
Document 1-5
Filed 12/09/11
Page 22 of 63
Page ID#: 403
I certify that on
OL-I-.
if
, 2000, I served the foregoing ORDER by certified
Eric Blischke
CERTIFICA TE OF SERVICE
Page 13 of 13 Order -=- Wacker Property
Case 3:11-cv-01493-ST
Document 1-5
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Page 23 of 63
Page ID#: 404
ATTACHMENT
SITE LOCATION MAP
Case 3:11-cv-01493-ST
Document 1-5
Filed 12/09/11
Page 24 of 63
Page ID#: 405
{)'Y~OC'1
Port of PorU6rJ'""'~'.!
,j'
(::,~'
'~',
OaAl;Q~'~~'Y
",
l,)u'~(
Source: USGS, Linnton and Portland Quadrangles (1990)
'" t",
I; .; ~ i
L0, t'l;l~ ',l'~

,. t
Figu~e 1
Approximate Scale: 1" = 2325'
Location Map Wacker Siltronic clorp.

BRIDGEWATER GROUP, INC.
Case 3:11-cv-01493-ST
Document 1-5
Filed 12/09/11
Page 25 of 63
Page ID#: 406
-----1
ATTACHMENT SCOPE INVESTIGATION
REMEDIAL
I. SCHEDULE
OF WORK FOR AND SOURCE CONTROL
MEASURES
Respondents shall submit for DEQ review and approval a Remedial Investigation (RI) work plan and subsequent plans and reports that address all elements of this Scope of Work (SOW). Elements of the SOW may be addressed by alternative means or by using existing data or information to the extent that the data are applicable, meet the objectives of the RI, and meet quality assurance and quality control (QA/QC) requirements. All work schedule required below: under this Order shall be performed In accordance with the
RI Scoping Document
An RI Scoping Document shall be submitted to DEQ within 45 days of issuance of this Order. To Respondents after receipt Scoping Document of RI
DEQ Review and Comment
Draft Phase I RI Work Plan
of DEQ
of Draft
Final Phase I RI Work Plan
To DEQ within 30 days of receipt of DEQ comments on draft Phase I RI Work Plan. Phase I site characterization activities to be completed within 4 months of DEQ approval of final Phase I RI Work Plan. To DEQ within 90 days of completion of Phase I site characterization activities. To Respondents after receipt of Phase I Site Characterization Summary. To DEQ within 90 days of completion of Phase I site characterization activities. To Respondents after receipt Memorandum on Source Control of Technical Measures.
Initiation
of Phase I RI
Phase I Site Characterization Summary DEQ Review ~d Comment
Technical Memorandum Control Measures
on Source
Preliminary Design Control Measures
of Source
ToDEQ within 60 days of DEQ determination that Source Control Measures are necessary. To Respondents after receipt of Preliminary Design of Source Control Measures.
Page B-1 - Scope of Work for RI and SCM Wacker -Siltronic -Corporation and Northwest: Nato-ural---
DEQ
No. ECVC-NWR-OO-27
Case 3:11-cv-01493-ST
Document 1-5
Filed 12/09/11
Page 26 of 63
Page ID#: 407
To DEQ within 30 days of receipt of DEQ comments on Preliminary Design of Source Control Measures. Source Control Measures to be constructed and initiated within 6 months of DEQ approval of Final Design of Source Control Measures. To DEQ within 60 days of DEQ determination that additional site characte~ization activities are necessary. To Respondents after receipt of Draft Phase II RI Work Plan Supplement. To DEQ within 30 days of receipt of DEQ comments on Draft Phase II RI Work Plan Supplement. To be completed within six months of DEQ approval of Phase II RI Work Plan Supplement. To DEQwithin six months of completion of all site characterization activities. To Resporidentsafter receipt of Draft RI Report. To DEQ within 45 days of receipt of DEQ comments on Draft RI Report.
Initiation of Source Control Measures
Draft Phase II RI Work Plan Supplement
Final RI Phase II RI Work Plan Supplement
Initiation of Phase II RI
Draft RI Report
DEQ Review and Comment Final RI Report
II. OBJECTIVES
Work performed under this Order shall complement facility information with the following specific A.
and incorporate objectives:
existing
All work performed under this order shall incorporate the results of, arid be coordinated with, the remedial investigation, feasibility study and source control measures at the GASCa site. Identify and characterize all past and present hazardous substance source areas at the Wacker facility. Source areas shall be characterized through a review of historical information and the collection of environmental samples for chemical, geotechnical, and other analyses. The evaluation of source areas shall focus on upland operations that may have resulted in a release of hazardous substances. Exhibit E Page 26 of 63
B.
Page B-2
- Scope
Case 3:11-cv-01493-ST
-i
Document 1-5
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Page ID#: 408
C.
Evaluate all past and present contaminant migration pathways at the Wacker facility. Key elements relevant to contaminant migration include, but are not limited to, the rate and direction of groundwater flow, subsurface contaminant migration to the Willamette River, overland contaminant migration to the Willamette River, storm water discharge to the Willamette River, direct and indirect release to the Willamette River, preferential migration pathways, volatilization, dust entrainment, and . riverbank seepage. Determine the nature, extent, and distribution of hazardous substances in affected media at the Wacker facility. This analysis should focus on the vertical and horizontal extent contamination, groundwater contamination, and surface and subsurface soil contamination.
D.
of
E.
Identify all current and reasonably likely future human and ecological receptors in the locality of the Wacker facility. Receptors shall include human and ecological receptors that may be exposed to hazardous substances in the locality of the facility. This analysis should consider. all relevant contaminant migration pathways and the nature, extent and distribution of hazardous substances in affected media. Collect sufficient data and historical information to allow the identification of possible areas of sediment contamination adjacent to the Wacker facility. Areas of potential sediment contamination will be characterized through a Portland Harbor sediment investigation conducted outside this Order. Data collection and evaluation under this Order shall consider the potential for contaminant migration to the Willamette River and over or in-water releases of hazardous substances resulting from current and historic operations at the Wacker facility. Respondents may be required to perform limited sediment or benthic sampling adjacent to the facility as necessary to address an objective of this' Scope of Work. Evaluate the risk to human health and the environment from releases of hazardous substances at or from the Wacker facility through the performance of human health and ecological risk assessments. Identify hot spots of contamination, facility. if any, at the Wacker
F.
G.
H.
I.
Generate or use data of sufficient quality for site characterization and risk assessment at the Wacker facility. Develop the information necessary to evaluate and design necessary source control measures to address contaminant releases to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCa facility. Exhibit E Page 27 of 63
J.
DEQ
Natural
No.
..
~CYC-NWR-OQ-27 .... ...
__
_~
{~
..-:- 2-1--
Case 3:11-cv-01493-ST
Document 1-5
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Page 28 of 63
Page ID#: 409
K.
III.
MONTHLY REPORTS
IV. RI SCOPING DOCUMENT
Respondents shall prepare an RI Scoping Document. The RI Scoping Document shall include a comprehensive review of site history, previous and ongoing environmental investigations, physiographic features, biological resources and demographic characteristics. The comprehensive review shall consider both the Wacker facility and adjoining GASCa facility. The RI Scoping Document shall present a proposed approach for completing a remedial investigation based on a review of existing information. The proposed RI approach shall address soil, groundwater, surface water, sediments, and air. The proposed RI approach shall provide the framework for the RI Work Plan and shall include, at a minimum, a summary of data collected to date, a conceptual site model (including a conceptual site hydrogeologic model), and a description of RI goals and objectives. The RI Scoping Document shall demonstrate that the proposed RI approach is adequate to meet the schedule specified in this sow. The RI proposal shall consider methodologies presented in the Portland Harbor Sediment Management Plan and the draft Portland Harbor Sediment Investigation Work Plan dated March 31, 2000.
V. REMEDIAL INVESTIGATION WORK PLAN
A remedial investigation work plan shall be submitted according to the schedule specified in Section I above. The work plan shall be coordinated with, and incorporate any available results of, the RI/FS at the GASCa facility_ The work plan shall be developed in accordance with applicable Oregon Administrative Rules (OAR 340-122-010 through -115), DEQ guidance, and the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA, OSWER Directive 9355.3-01, 1988, as appropriate. Existing data may be used if it meets data quality objectives for the RI. The results of the RI will be used to guide data collection efforts performed as part of the Portland Harbor sediment investigation outside this.Order. The submitted work plan shall include, but not be limited to, the following items:
A. PROJECT MANAGEMENTPLAN
The RI work plan shall include a project management plan. The project management plan shall include a schedule for submittal of all documents and implementation of all proposed activities and phases pertaining to this Scope of Work consistent with the schedule specified in Section I~ a description .of the personnel (including subcontractors, if known) involved in the project, and Exhibit E Page 28 of 63
Page B-4 - Scope of Work for RI and SCM Wacker Siltronic Corporation and Northwest DEQ Natural No.
-.'-."-~..... --. " A._.. - r~ "&1
ECVC-NWR-OO-27
Case 3:11-cv-01493-ST
Document 1-5
Filed 12/09/11
Page 29 of 63
Page ID#: 410
their respective roles in the project; and a discussion of how approved variations from the approved work plan will be managed. B. SITE DESCRIPTION The RI work plan shall include a discussion of the current understanding of the physical setting of the facility and surrounding area; the facility history; hazardous substance and waste management history; facility operations conducted on, in, oyer, or adjacent to the Willamette River, and current facility conditions. C. SITE CHARACTERIZATION PLAN The RI work plan shall include a site characterization plan. The site characterization plan shall be consistent with DEQ guidance and the requirements specified in OAR 340-122-080. The site characterization plan shall include, but not be limited to, characterization of the hazardous substances, characterization of the facility, identification of potential receptors, and the collection and evaluation of information relevant to the identification of hot spots of contamination, and shall address the following:
1. Soils
To identify and characterize from the facility to soils.
releases
of hazardous
Scope: The plan shall supplement previous soil sampling at the facility. The plan shall address all areas of the facility which could potentially have received spills, have received leaks from tanks or piping, have been used for waste treatment or disposal, or have been affected by contaminated surface water or storm water runoff, and all other areas of the facility where soil contamination is known or suspected. Procedures: The plan shall be designed and conducted to determine the vertical and lateral extent of soil contamination, determine the extent to which soil contamination may contribute to Willamette River sediment contamination, characterize the facility geology, determine the physical and chemical soil characteristics relevant to the RI,evaluate the potential for contaminant migration, and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing soil. 2. Groundwater To identify and characterize releases from the facility to groundwater. of hazardous
Exhibit E ----~~----"------------""---------------------------- 63 Page 29 of

Page 8-5 - Scope of Work for RI and SCM Wacker. Diltronic -Corporation~andNorthwest-Natural DEQ No.
ECVC-NWR-OO-27
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LO<:
7/1-
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Page ID#: 411
D.
SAMPLING AND ANALYSIS
PLAN (SAP)
document all sampling
and analysis
Scope: In preparation of the SAP, the following guidance documents shall be utilized: Data Quality Objectives for Remedial Response Activities, EPA/540/G-87/004 (OSWER Directive 9355.0-7B), March, 1987; Test Methods for Evaluating Solid Waste, SW-846 and appropriate updates; and A Compendium of Superfund Field . Operations Methods, EPA/540/P-87/001 (OSWER Directive 9355.0-14), December, 1987. The SAP shall address all topics listed in Environmental Cleanup Division Policy #760.000, Quality Assurance Policy. Procedures: The work plan shall include a (SAP). The SAP shall include (QA/QC) procedures for both field and lab procedures. The SAP shall be sufficiently detailed to function as a manual for field staff.
Objective: To establish policies and procedures to protect workers and the public from the potential hazards posed by a hazardous materials site. Scope: The HASP portion of the work plan shall CPR 1910.120 and OAR Chapter 437, Division 2. comply with 29
Procedures: The HASP shall include a description of risks related to RI activities, protective clothing and equipment, training, monitoring procedures, decontamination procedures, emergency response actions.
F. MAPS
and
G. WORK PLAN FOR EVALUATION AND IMPLEMENTATION OF SOURCE CONTROL MEASURES
Objective: To evaluate, design and impiement necessary source control measures to address contaminant migration to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCa facility. Scope: The plan shall gather sufficient information to evaluate, design, and implement necessary source control measures from the Exhibit E Page 30 of 63
Page B-8 - Scope of Work for RI and SCM
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Page ID#: 412
with source control measures
at
Procedures: The plan shall be designed and conducted to characterize all release mechanisms to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCa facility. Characterization data shall be adequate to evaluate, design, and implement necessary source control measures. Source control measures shall address contaminant migration to the river through overland transport, storm water runoff, free phase product migration, direct release, and/or dissolved groundwater contaminant migration. H.
1.
RISK ASSESSMENT WORK PLAN Qpland Human Health Risk Assessment Objective: To evaluate the collective demographic, geographic, physical, chemical, and biological factors at the fqcility, for the purposes of: characterizing cu+rent or reasonably likely future risks to human health as a result of a threatened or actual release{s) of a hazardous substance at or from the facility; documenting the magnitude of the potential risk at the facility; supporting risk management decisions; and establishing remedial action goals if necessary. Scope: The human health risk assessment shall evaluate risk in the context of current and reasonably likely future land and water uses and in the absence of any actions to control or mitigate these risks (i.e., under an assumption of no action). The human health risk assessment portion of the work plan shall be developed based on the requirements specified in OAR 340-122-084, DEQ guidance, and the Risk Assessment Guidance for Superfund - Human Health Evaluation Manual Part A, United States Environmental Protection Agency (EPA) Interim Final, July 1989 (RAGS-HHEM). The work plan shall use Exhibit 9-1 of the RAGS-HHEM as a framework for discussing the methodologies and assumptions to be used in assessing the potential human health risks at the facility. Procedure: The plan shall describe the different tasks involved in preparing the human health risk assessment. The human health risk assessment'can be completed using either deterministic or probabilistic methodologies. If probabilistic methodologies are to be used, then Respondents shall obtain DEQ approval of the proposed risk protocol before the commencement of a probabilistic risk assessment. The upland human health risk assessment achieve the following: a. Develop extent, shall be designed to
appropriate exposure units considering the nature, and distribution of contamination and the reasonably Exhibit E Page 31 of 63
DEQ
No. ECVC-NWR-OO-27
Wacker :=,'-i 1trol!ic -Corporati-on-andNorthwest Natural
-..->-
=_~..
1.?-
Case 3:11-cv-01493-ST
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Page 32 of 63
Page ID#: 413
b. c. d. e.
f. g.h. 2. upland
likely future land and water use in the locality of the facility; Establish data quality objectives for each exposure unit identified; Collect data appropriate to satisfy. the data quality objectives for each exposure unit; . Identify contaminants of interest for each media of concern; Develop exposure scenarios based on current and reasonably likely land use, facility features, and populations potentially exposed; Identify appropriate exposure factors for all exposure pathways to be evaluated; Identify the appropriate toxicity factors for all. exposure pathways to be evaluated; and Quantify the risks to human health at the facility. Ecological Risk Assessment
Objective: To evaluate the collective demographic, geographic, physical,'chemical, and biological factors at the facility, for the purposes of: characterizing current or reasonably likely future risks to the environment as a result of a threatened or actual release(s) of a hazardous substance at or from the facility; quantifying the potential risk at a facility; supporting risk management decisions; and establishing remedial action goals if necessary. Scope: The ecological risk assessment shall evaluate risk in the context of current and reasonably likely future land and water uses and in the absence of any actions to control or mitigate these risks (i.e., under an assumption of no action). The ecological risk assessment shall use a tiered approach (with four levels) to produce a focused and cost-effective assessment of risk. The ecological risk assessment work plan shall be developed based on the requirements specified in OAR 340-122-084 and DEQ guidance. Procedure: The plan shall describe the different tasks involved In preparing the ecological risk assessment. Ecological risk assessments shall include a level I scoping plan and a level II screening plan; and may include a level III baseline plan and a level IV field baseline plan. The level III and level IV baseline plans shall include an exposure analysis, an ecological response analysis, a risk characterization, and an uncertainty analysis, as required by OAR 340-122-084(3). The ecological risk assessment can be completed using either deterministic or probabilistic methodologies. If probabilistic methodologies are to be used, then Respondents shall obtain DEQ approval of the proposed risk protocol before the commencement of a probabilistic risk assessment. Terrestrial habitats following approach: and receptors shall be evaluated through the Exhibit E Page 32 of 63
Page B-10
- Scope
DEQ
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Page ID#: 414
a. b.
c.
Complete a Level I Scoping assessment per aDEQ guidance for the terrestrial portion of the facility. Make a preliminary determination of locality of the facility with respect to terrestrial receptors and current and potential future exposure to facility-related contaminants. Determine potential for presence/absence of terrestrial threatened or endangered species.
CHARACTERIZATION SUMMARY
VI.
PHABE I SITE
The Phase I Site Characterization Summary shall summarize and present preliminary results of the Site Characterization. The summary shall be adequate to allow DEQ to determine wpether additional site characterization activities are necessary to complete the RI. The Phase I Site Characterization Summary shall be based on the results of the remedial investigation and include the following elements: A. B. C. D. E.
VII.
Introduction
and Purpose Activities
TECHNICAL MEMORANDUM ON SOURCE CONTROL MEASURES
The Technical Memorandum on Source Control Measures shall present all data relevant to the characterization of migration pathways from the . Wacker and GASCa facilities to the Willamette River. The Technical Memorandum shall be developed based on Guidance on Conducting NonTime-Critical Re~oval Actions Under CERCLA, EPA 540/P-91/001 (1993) The Technical Memorandum shall identify any additional data collection activities to be performed during the Phase II RI necessary to complete the characterization of migration pathways. If no additional data are required, the Technical Memorandum shall present and evaluate a set of alternatives for controlling releases to the Willamette River. The Technical Memorandum on Source Control Measures shall be .based on the results of the site characterization and include the following elements: A. Identification of migration pathways facilities to the Willamette River. from the Wacker and GASCa
B.
Characterization of migration pathways facilities to the Willamette River
from the Wacker
and GASCa
Page B-11 Scope of Work for RI and SCM
DEQ
--Wacker Sil tronic Corporation-and Northwest Natural
Case 3:11-cv-01493-ST
Document 1-5
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Page 34 of 63
Page ID#: 415
C.
Estimate of magnitude of contaminant migration from the Wacker and GASCa facilities to the Willamette River through overland transport, storm water runoff, free phase product migration, direct release, and dissolved groundwater contaminant migration. Identification of alternatives for source control measures to prevent the ongoing migration of contaminants to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCa facility. Evaluation of alternatives for source control measures to prevent the ongoing migration of contaminants to the Willamette River from the Wacker facility, in coordination with source control measures at the GASCa facility.
II REMEDIAL INVESTIGATION WORK PLAN
D.
E.
VIII.
PHASE
Objective: To collect sufficient investigation at the facility. Scope: The Phase II the Wacker and GASCa the characterization hazardous substances
information
to complete
the remedial
at
IX. SOURCE CONTROL MEASURES DESIGN. PLAN
to address
contaminant
Scope: The Source Control Measures Design Plan shall be adequate to implement necessary source control measures to address contaminant migration to the Willamette River .from the Wacker facility, in coordination with source control measures at the GASCO facility. Procedures: The Source conformance this Scope Design Remedial Action on Expediting Remedial 02; and any additional The Source Control following items: A. B. Control Measures Design Plan shall be developed in of Work and, as appropriate, EPA's "Superfund Remedial Guidance",. OSWER Directive 9355.0-4A, 1986; "Guidance Design and Remedial Action", OSWER Directive 9355.5guidance documents as directed by DEQ. Design Plan shall include, at a minimum, the
Measures
Description of proposed Source Control Measures. Proposed schedule for implementation of source control measures. Exhibit E Page 34 of 63
Page B-12
- Scope
of Work
for RI and SCM
DEQ
No.
ECVC-NWR-OO-27
._~.__ 1\ ____, .I.:! ..
.~ 1.S.
1.,'1
Case 3:11-cv-01493-ST
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Page ID#: 416
-_._-----
----------
.C.
D. E.
F.
G. H. I. J.
K. L. M. N.
O. P.
Q.
Project organization and identification of reporting relationships, duties, responsibilities, lines of communication, and authorities. Identification and description of design objectives. Identification and description of design criteria and performance standards that shall be applied to the source control measures conducted by Respondents. Identification and listing of federal, state, or local laws, regulations, or guidance applicable to or associated with the source control measures and an explanation of how they will be incorporated into the design and implementation of the source control measures. An identification of permitting requirements and a proposal for satisfying or exempting any applicable requirements. Identification and description of any site access agreements required to implement source control measures. Identification and description of any property, utility, right-ofway, topographic, or other site surveys required. A description of any special design/implementation problems anticipated and how they will be addressed. Include any special technical problems, anticipated community relations problems, access, easements, rights-of-way, transportation, utilities, and logistics problems. A description of all source control measure activities to be performed. Procedures for documentation/validation of source control measures. Description of construction methods and ~quipment to be used. Description of proposed control measures to minimize releases of hazardous substances to all environmental media during construction or installation activities. Description of any measures necessary to control surface water runoff during construction. Identification and description of dust control and noise abatement measures to minimize and monitor environmental impacts of construction or installation activities. Identification and description of any site security measures necessary to minimize exposure to hazardous situations during implementation of source control measures.
REPORT
X.
REMEDIAL INVESTIGATION
The Remedial Investigation report shall follow the outline in Table (page 3-30 - 3-31) in the CERCLA RI/FS guidance, as applicable, and address the items listed below:
A.
3-13
Executive
Smmnary.
B.
C.
Introduction. Facility Background. Exhibit E Page 35 of 63
DEQ Natural
No.
ECVC-NWR-OO-27
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Z7-
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A discussion and supporting maps of facility operations, facility description, facility setting, and current and reasonably likely future land and water uses.
D.
Study Area Investigation. A discussion groundwater, of the investigative procedures and results surface water, sediments, and air. for soil,
E.
Swmnary and Conclusions. A discussion of the nature, extent, distribution and environmental fate and transport of contaminants in soil, groundwater, surface water, sediments, and air.
F.
XI.
RISK ASSESSMENT A.
REPORT Report
Human Health Risk Assessment
The results of the human health risk assessment shall follow DEQ risk assessment guidance for human health and RAGS-HHEM Part A. B. Ecological Risk'Assessment Report
The main sections of the ecological risk assessment report shall follow specific DEQ guidance for report formats at each level (IIII) .
XII.
DISTRIBUTION. A. Three (3) bound copies and one (l) unbound copy of all plans, reports (except Quarterly Reports) and memoranda shall be submitted to DEQ. DEQ requests that all copies be duplex printed on recycled paper.
B.
PageB-14 - Scope of Work for RI and SCM DEQ No.
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A_
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STATE OF OREGON DEPARTMENT OF ENVIRONMENTAL In the Matter of Wacker Property, Portland, Oregon Wacker Siltronic Corp., Respondent. QUALITY
DEQ No. VC-NWR-03-l6 ORDER REQUIRING REMEDIAL INVESTIGATION AND SOURCE CONTROL MEASURES
Pursuant to ORS 465.260(4), the Director, Oregon Department of Environmental Quality (DEQ), issues this Order to Wacker Siltronic Corporation (Respondent or Wacker). 1. Purpose The purpose of this Order is to require performance of a remedial investigation of releases of tricWoroethene (TCE) and its degradation byproducts andJor additives (hereinafter "TCE and its associated hazardous substances") at the Wacker Property and to identify and
"
implement, if necessary, source control measures for unpermitted discharges or releases ofTCE and its associated hazardous sub~tances to the Willamette River, in accordance with ORS
l.
465.200 through 465.420 and regulations promulgated thereto.
2.
Findings of Fact A. Wacker Siltronic Corporation is a Delaware corporation registered to do
business in Oregon. B. Wacker owns real property at 7200 NW Front Avenue, Portland, Oregon
(Wacker Property), occupying approximately 85 acres along the Willarnette River. Wacker acquired the property in 1978. The general location of the Wacker Property is shown on Attachment A to this Order.
c.
From March 1980 to present, Wacker has operated a silicon wafer
fabricating plant at the Wacker Property. TCE was used at the Wacker Property for manufacturing purposes, which uses, according to Wacker, ceased at the facility in 1989.
GENH8991
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Page ID#: 419
D.
Two documented releases ofTCE occurred at the Wacker Property in
1984. Approximately 700 gallons of TCE-containing wastewater (1,300 mgIL TCE solution) and approximately 900 gallons of TCE-containing wastewater (19,000 mgIL TCE solution) were released to site soils as a result of overflow of a surge tank caused by operator error. Both releases were reported to DEQ. Wacker removed soils contaminated with TCE in excess of 1 mglkg; DEQ acknowledged, in a 1985 letter, that Wacker had achieved DEQ's cleanup objectives for this contamination. E. In July 2003, TCE was detected at approximately 20 feet below the
ground surface in soil (557 mg/kg) beneath or near the former location ofTCE underground storage tanks (USTs) at the Wacker Property. The former USTs had been decommissioned by removal in 1985. TCE and its associated hazardous substances - e.g., cis-l,2-dichloroethene (DCE) and vinyl chloride -- were detected previously in groundwater. The highest
concentrations detected in groundwater were located in the northern portion of the site beneath and downgradient from the former USTs. Maximum concentrations of TCE, DCE, and vinyl chloride detected in groundwater were 575 mglL, 57.9 mglL, and 6.3 mgIL, respectively. F. The Wacker Property is currently subject to DEQ Order No. ECVC-NWR-
00-27, issued by DEQ on October 4, 2000 to Wacker and Northwest Natural Gas Company (Northwest Natural). That DEQ order requires Wacker and Northwest Natural to perform a at
remedial investigation and, if necessary, source control measures concerning contamination
the Wacker Property primarily associated with but not necessarily limited to the former GASCO plant operations on adjacent property. The focus of work under DEQ Order No. ECVC-NWR-
00-27 does not include TCE. This Order does not supersede or affect obligations imposed under DEQ Order No. ECVC-NWR-00-27, G. except as described in Subsection 2.G., below. Wacker has
In part compliance with DEQ Order No. ECVC-NWR-00-27,
begun an investigation of the scope and extent of the TCE and its associated hazardous
GENH8991
.EXHIBIT PAGE __
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substances described in Subsection 2.E., above, which investigation is underway. This Order supersedes and replaces whatever obligation Wacker otherwise has to perform investigative work regarding TCE and its associated hazardous substances under DEQ OrderNo. ECVCNWR-OO-27. H. The Wacker Property is located within or near the Portland Harbor
Superfund Site, which site was placed on the federal National Priorities List by the U.S. Environmental Agency (EPA) in December 2000 .. By memorandum of understanding, EPA is the lead agency for implementing investigation and cleanup of in-water sediments contamination in the Willamette River in the Portland Harbor Superfund Site, and DEQ is the lead agency for implementing investigations and source controls at upland facilities .. This Order is consistent with DEQ's responsibilities at the Portland Harbor Superfund Site. 3. Conclusions of Law and Determinations Based on the above Findings of Fact and the administrative record, DEQ determines that: A. The substances described in Subsections 2.D and 2.E are "hazardous
substances" within the meaning ofORS 465.200(15). B. The presence ofTCE and its associated hazardous substances in soil and
groundwater at the Wacker Property is associated with or the result of a "release" or "threat of release" of such contaminants into the environment within the meaning ofORS 465.200(21). C. 465.200(12). D. E. Wacker is a "person" within the meaning ofORS 465.200(20). As owner and operator of a facility, Wacker is strictly liable under ORS The Wacker Property is a "facility" within the meaning of ORS
465.255, and therefore may be required by DEQ to conduct any removal or remedial action necessary to protect public health, safety, and welfare and the environment, pursuant to ORS 465.260(4).
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F.
The activities required by this Order are necessary to protect public health,
Based on the above Findings of Fact and Conclusions of Law and Determinations, DEQORDERS: 4. Notice of Intent to Comply No later than 10 calendar days after issuance of this Order, Respondent shall provide written notice to DEQ of Respondent's intent to comply with this Order. 5. Work to be Performed A. Remedial Investigation Respondent shall perform a remedial investigation in accordance with the terms and schedule set forth in the Scope of Work (SOW), attached to and incorporated by reference into this Order as Attachment B, and as set forth in any DEQ-approved work plan prepared in accordance with the SOW. B. Source Control Measures For any unpermitted discharge or release ofTCE and its associated hazardous substances to the Willamette River or to its sediments identified in the remedial investigation, Wacker shall identify and evaluate source control measures in accordance with the SOW and the terms and schedule ofthe DEQ-approved work plan. DEQ will review and approve source control measures pursuant to OAR 340-122-0070 and through consultation with EPA. Upon DEQ approval of a source control measure, Wacker shall develop a source control measure work plan in accordance with DEQ's directions and, upon DEQ approval, implement the work plan. C. Additional Measures (1) Respondent may elect at any time during the term of this Order to
undertake measures, other than those required by this Order, to address the release or threatened
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release of hazardous substances at the Wacker Property. Any such additional measure (including but not limited to engineering or institutional controls) shall be subject to prior approval by DEQ. (2) DEQ may determine that, in addition to the work specified in the
SOW or in an approved work plan, additional work is necessary to complete the remedial investigation in satisfaction of OAR Chapter 340 Division 122, or is necessary to address unanticipated threats to human health or the environment. DEQ may require that such additional
work be incorporated into the applicable work plan by modification and/or be performed in accordance with a DEQ-specified schedule. Respondent shall modify the work plan and/or
)
implement the additional work in accordance with DEQ's directions and schedule. 6. General Provisions A. Qualifications of Personnel (1) All work required by this Ordershall be performed under the
supervision of a qualified environmental professional experienced in hazardous substance investigation or remediation. Within 15 calendar days of issuance of this Order, Respondent shall provide to DEQ, in writing, the name, title, and qualifications of such supervising personnel and of contractors and subcontractors to be used in performance of work. Qualifications of such personnel shall be subject to DEQ review and, at DEQ's election, DEQ written approval or disapproval. IfDEQ disapproves, in writing, the qualifications of any personnel, Respondent shall provide to DEQ, in writing and within 15 calendar days ofDEQ's issuance of written disapproval, the name, title, and qualifications of replacement personnel. DEQ subsequently disapproves the replacement personnel, DEQ reserves its right under ORS 465.260 to perform the work required under this Order and to seek reimbursement of its costs from Respondent. (2) If Respondent changes supervisory or key contractor personnel If
during the course of work under this Order, the qualifications of the new personnel shall be subject to DEQ review and approval as set forth in Paragraph (1) above.
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B.
DEQ Approvals (1) Respondent shall not proceed to implement any plan or activity
required under this Order, and shall not proceed with any other investigative or remedial activity concerning hazardous substances released to the environment at or near the Wacker Property, until DEQ review and approval for the activity is received. Any reports, plans, specifications: schedules, or other deliverables required by the Order, are incorporated into this Order upon approval by DEQ. Any noncompliance with such DEQ-approved de1iverables is a violation of this Order. (2) . After review of any plan, report, or other item required to be
Respondent of deficiencies and/or request modifications to cure the deficiencies. (3) In the event ofDEQ's disapproval or request for modification ofa
deliverable, Respondent shall correct the deficiencies and resubmit the revised report or other item for approval within 14 calendar days of receipt ofthe DEQ notice or within such other time specified in the notice. (4) In the event of two deficient submittals ofthe same deliverable,
Respondent shall implement the actions(s) required by the plan, report, or other item as approved or modified by DEQ. C. DEQ Access and Oversight (1) Respondent shall allow DEQ to enter and move freely about all
portions of the Wacker Property at all reasonable times for the purpose, among other things, of inspecting records relating to work under this Order, observing Respondent's progress in
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necessary under this Order, verifying data submitted to DEQ by Respondent under this Order, and using camera, sound recording, or other recording equipment for these purposes. (2) Respondent shall notify DEQ of any excavation, drilling, or
sampling to be conducted under this Order at least five working days before such activity. Upon DEQ's verbal request, Respondent shall make available to DEQ a split or duplicate of any sample taken in connection with this Order. D. Proj ect Managers (1) Allreports, notices, and other communications required under or
relating to this Order shall be directed to: DEQ Project Manager Matt McClincy DEQ Northwest Region 2020 SW Fourth Avenue, Suite 400 Portland, Oregon 97201-4987 (503) 229-5538 (503) 229-6899 (fax) mcclincy.matt@deq.state.or.us (2) Within five calendar days of notification of intent to comply under
Section 4 of this Order, Respondent shall provide DEQ with written designation of Respondent's Project Manager for purposes of this Order and receipt of notices and other communications: E. Quality Assurance Respondent shall conduct all sampling, sample transport, and sample analysis in accordance with the quality assurance/quality control (QAlQC) provisions approved by DEQ in the workplan required by the attached SOW. Respondent shall ensure that each laboratory used by Respondent for analysis performs such analysis in accordance with the approved QAlQC provisions. Respondent shall also ensure that DEQ and its authorized
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representatives are allowed access at reasonable times to laboratories and personnel used by Respondent for sample analysis. F. Records (l) In addition to those reports and documents specifically required request,
under this Order, Respondent shall provide to DEQ, within 10 calendar days ofDEQ's
copies of QAJQC memoranda and audits, raw data, draft and final plans, draft and final reports, task memoranda, field notes, and laboratory analytical reports that relate in any way to activities under this Order or to other investigative or remedial activities concerning releases of hazardous substances
at or from the Wacker Property.

(2) Respondent shall preserve all records and documents in possession
or control of Respondent or that of its employees, agents, or contractors that relate in any way to activities under this Order, for at least 10 years after termination pursuant to Section 7 below. Upon DEQ's request, Respondent shall provide copies of such records to DEQ. G. Progress Reports During each month ofthis Order, Respondent shall deliver to DEQ on or before the tenth day of each month three copies of a progress report containing: (a) (b) (c) Actions taken under this Order during the previous month; Actions scheduled to be taken in the next two months; Sampling, test results, and any other data generated or
received during the previous month; and (d) A description of any problems experienced during the
previous month and actions taken to resolve them.

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H.
performed in accordance with all applicable federal, state, and local laws and regulations. 7. Satisfaction of Order Upon completion of work under this Order, Respondent shall submit to DEQ a written notice of completion. This Order shall be deemed satisfied and terminated upon DEQ's issuance of a certification of completion of activities required by this Order.
IT IS SO ORDERED: Date:
2/tqo'l-
NOTICE REGARDING FAILURE TO COMPLY: 1. Upon Respondent's failure to comply with this Order, DEQ may seek any available remedy to enforce this Order, including but not limited to civil penalties and injunctive relief. ORS 465.260,465.900. 2. Upon Respondent's failure to comply with this Order, Respondent may be liable for any costs incurred by the State of Oregon in conducting the work required under this Order and for punitive damages of up to three times the amount of the state's costs. ORS 465.260(8). 3. Respondent may not seek an administrative appeal or judicial review of this Order. ORS 465.260(6). NOTICE REGARDING DEQ COSTS: Pursuant to ORS Chapter 465, Respondent is liable for costs incurred by DEQ in issuing and overseeing implementation of this Order. DEQ will issue Respondent a monthly invoice ofDEQ costs and request payment by check payable to the "State of Oregon, Hazardous Substance Remedial Fund". Any amounts not paid within 30 calendar days of issuance of the invoice will be subject to a nine-percent (9%) per annum interest charge. Any amounts that remain unpaid will be subject to recovery by DEQ pursuant to ORS 465.330 through 465.335. Exhibit E
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CERTIFICATE OF SERVICE BY MAIL I certify that, on mail, postage prepaid, upon: Christopher Reive Jordan Schrader PC PO Box 230669 Portland, OR 97281 Tom McCue Wacker Siltronic Corp. 7200 NW Front Ave. Portland, OR 97210
a 6.
f f4.
, 2004, I served the foregoing
ORDER by certified
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Note: Base map prepared from USGS 7.5 quadrangle maps of Linnton (1990) and Portland (1990), Oregon.
o
I
...0
2000
Scale in Feet
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ATTACHMENT
SCOPE OF WORK FOR REMEDIAL INVESTIGATION
AND SOURCE CONTROL MEASURES
I.
SCHEDULE
Respondent shall submit for DEQ review and approval Remedial Investigation (RI), Risk Assessment (RA), and, if required by DE~ Source Control Measures (SCM) work plans and reports which address all elements of this Scope of Work (SOW). Elements of the SOW may be addressed by alternative means or by using existing data or information to the extent that the data are applicable, meet the objectives of the RI, ffid are of acceptable QA/Qc. All work completed under this Order shall proceed in accordance with the schedule below: RI Proposal An RI proposai will be submitted to DEQ within 30 days of issuance of this Order. To Respondent within 30 days of receipt of RI Proposal. To DEQ within 45 days of receipt of DEQ comments on RI Proposal. To Respondent within 30 days of receipt of draft RI Work Plan. To DEQ within 30 days of receipt of DEQ comments on draft RI Work Plan. To be specified in Project Management section of RI Work Plan. To be specified in Project Management section of RI Work Plan.
Draft RI Work Plan
Final RI Work Plan
Initiation
of RI
Initiation
of SCM
The schedule for additional deliverafies specified in this SOW (e.g., Risk Assessment work plan, Remedial Investigation report, Risk Assessment report, and Source Control Measure work plan) saIl be specified in the Project Management Plan section of the RI work plan.
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All work plans may be ~ended by Respondent as necessary to reflect or incorporate newly discovered information and/or environmental conditions. Work plan amendments are subject to DEQ review and approval Respondent shall initiate and complete work according to the schedule ~ifiedin the applicable approved work plan or amendment. Future schedules or deadlines for all submittals, work plans or other requirements shall be adjusted accordingly for the time necessary for preparation, approval and implementation of additional work plans, investigations and/or reports not contemplated in the original schedule, and must be approved by DEQ in writing.
II. OBJECTIVES
Work Eerformed under this Order shall complement and incorporate existing facility information with the following ~ecific objectives. For purposes of this Scope of Work, the "facilityflmeans the Wacker Siltronic Corporation facility as defined in the Order, butexcludes that portion of the facility located below 8 feet Columbia River Datum as measured on the USGS Morison Bridge river gauge on the Willamette River, provided the area is addressed by the Portland Harbor Sediment RI/FS A separate Portland Harbor Sediment RI/FS is proceeding with respect to the portion of ,the WillametteRiver below the mean high-water mark, and it is not the purpose of this Scope of Work to duplicate any of that work For purposes of this Scope of Work, "hazardous substancesfl, "contaminants~ and "contaminationfl, and each of them, mean and are limited to trichloroethene crCE) and the hazardous substances associated with TeE as degradation products and/or additives - e.g., cis-l,2dichloroethene (DCE) and vinyl chloride. A. Identify and characterize all hazardous substance source areas at the facility. Source areas shall be characterized th rough a review of historical information and the collection of environmental samples for chemical, geo technical, and other analyses. The evaluation of source areas shall focus on upland operations that may have resulted in a release of hazardous substances . Evaluate all contaminant migration pathways at the facility. Key elements relevant to contaminant migration include, but are not limited to, the rate and direction of groundwater flow, subsurface contaminant migration to the Willamette River, overland contaminant migration to the Willamette River, storm water discharge to the Willamette River, direct and indirect release to the willamette River, preferential migration pathways, volatilization, dust entrainment, and riverbank seepage. Determine the nature, extent, and distribution of hazardous substances in affected media qt the facility. This analysis should focus on the vertical and horizontal extent of source contamination, groundwater contamination, and surface and subsurface soil contamination.
B.
C.
area
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D.
Identify all current and reasonably likely future human and ecological receptors at the facility. Receptors shall include human and ecological receptors that may be exposed to hazardous substances at the facility. This analysis should consider all relevant contaminant migration pathways and the nature, extent and distribution of hazardous substances in affected media. Collect sufficient data and historical information to allow the identification of whether and where areas of sediment contamination of hazardous substances exist adjacent to the facility. Areas of potential sediment contamination shail be characterized through the Portland Harbor Sediment RIfFS. Data collection and evaluation shall consider the potential for contaminant migration to the Willamette River and over or inwater releases of hazardous substances resulting from operations at the facility. Respondent may be required to perform limited sediment or benthic sampling adjacent to the facility as necessary to address an objective of this Scope of Work but will not be required to conduct sediment or benthic sampling that is duplicative of sampling performed under the Portland Harbor sediment RI/FS. Evaluate the risk to human health and the environment from releases of hazardous substances at or from the facility through the performance of human heaith and ecological risk assessments. Identify hot spots of contamination, if any, at the facility.
E.
F.
G. H.
Generate or use data of sufficient quality for site characterization and risk assessment at the facility. Develop the information necessary necessary source control measures from the facility. to evaluate and design to address' contaminant
I.
releases
J.
Implement such source control measures as are deemed necessary by DEQ to control releases of hazardous substances from the facility.
III.
REMEDIAL INVESTIGATION PROPOSAL
The RI Proposal shall briefly discuss Respondent's proposed approach to the RI, addressing soil, groundwater, surface water, sediments, and air. The proposal will provlde the frarework for the RI Work Plan and will include at a minimum, a summary of data collected to date, a conceptual site model (including a conceptual site hydrogeologic model), a description of RI goals and objectives and an estimated schedule for completion of he RI. The RI proposal shall consider methodologies presented in the Portland Harbor Sediment Management Plan and the Portland Harbor Sediment Investigation Work Plan. Exhibit E Page 50 of 63
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IV.
REMEDIAL
INVESTIGATION
WORK PLAN
The work plan shall be developed in accordancewith applicable Oregon Administrative Rules (OAR 34G-122-010 through -115), DEQ guidance, and the Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA, OSWER Directive 9355.3-01, 1988,. as appropriate. Existing data may be used if it meets data quality objectives for the RI. The results of the RI shall be utilized to guide data collection efforts performed as part of the Portland Harbor RI/FS Work Plan. The submitted work plan shall include, but not be limited to the follo~ng items:
A. PROJECT MANAGEMENT PLAN
The RI Work Plan shall include a proposed schedule for submittals and implementation of all proposed activities and phases pertaining to this scope of work (this schedule will include target dates for the submittal of a Risk Assessment work plan, and submittal of draft and final Remedial Investigation, and Risk Assessment reports); a description of the personnel (including subcontractors, if known) involved in the project, and their respective roles in the project; ffida discussion of how variations from the approved work plan will be managed.
B. SITE DESCRIPTION
The RI work plan shall include a discussion of the current understanding of the physical setting of the facility and surrounding area; the facility histo~; hazardous substance and waste management history; facility operations conducted on, in, over or adjacent to the Willamette River and current facility conditions.
c.
SITE
CHARACTERIZATION
PLAN
The Site Characterization plan shall be consistent with D$ guidance and the requirements specified in OAR 348122-080. The site characterization plan shall include, but not be limited to, characterization of the hazardous substances, characterization of the facility, identification of potential receptors and the collection and evaluation of information relevant to the identification of hot spots of contamination, and shall address the following: 1. Soils To identify and characterize from the facility to soils. releases of hazardous
Objective: substances Scope: facility.
The plan shall supplement previous soil sampling The plan shall address all areas of the facility
at the Exhibit E which Page 51 of 63
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could potentially have received spills, leaks from tanks or piping, been used for waste treatment or disposal, or have been affected by contaminated surface water or storm water runoff, and all other areas of the facility where soil contamination is known or suspected. Procedures: The plan shall be designed and conducted to determine the vertical and lateral extent of sdl contamination, determine the extent to which soil contamination may contribute to Willamette River sediment contamination, characterize the facility geology, determine the physical and chemical soil characteristics relevant to the RI, evaiuate the potenial for contaminant migration and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing soil. 2:" Groundwater To identify and characterize releases from the facility to groundwater. ofhazardous
Scope: The plan shall supplement. previous investigations at the facility and shall identify'and characterize all past, current and potential releases of hazardous substances to groundwater from Uh facility. . Procedures: The plan shall be designed and conducted to determine the vertical and lateral extent of groundwater contamination, both on and, if applicable, off-site; estimate the rate of contaminant flux.to the Willamette River; determinethe extent to which free phase product is migrating to the Willamette River; characterize the facility hydrogeology, determine the physical and chemical water bearing zone characteristics relevant to the RI; evaluate the potential for contaminant migratin through groundwater; and gather the information necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing groundwater. Alternative methods for characterizing groundwater should be considered toaccelerate the RI. Monitoring wells and other holes must be drilled, constructed and decommissioned in accordance with OAR Chapter 690, Division 240 and DEQ "Ground Water Monitoring Well, Drilling, Construction and Decommissioning" guidelines (DEQ 1992).
3.
Surface
Water
Objective: To identify and characterize releases of hazardous substances, if any, from the facility to surface water,. Scope: The plan shall supplement previous investigations the facility and shall identify and characterze all past, at Exhibit E Page 52 of 63 Page B-S - Scope of Work for RI and SCM
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current, and potential facility.
impacts
to surface
waters
from the
Procedures: The plan shall be designed to determine the extent to which surface water may have been impacted by releases of hazardous substances at the facility; determinethe nature and extent of surface water contamination; characterize the facility hydrology; determine the physical and chemical surface water characteristics relevant to the RI including flow characteristics; ~valuate the potential for contaminant migratin and gather the information/necessary to identify hot spots of contamination. The plan shall include the proposed methodology for characterizing surface water. 4. Sediments
Objective: To identify and characterize releases of hazardous substances, if any, from the. facility to sediments. Scope: The plan shall supplement previou$ investigations at the facility, shall identify and characterize all past, current, and potential releases of hazardous substances to sediments from the facility in a mann~ consistent with the Po+tland Harbor Sediment RI/FS. Characterization of the nature and extent of sediment contamination shall not be subject to this Agreement, but is contemplated to be completed through the Portland Harbor Sediment RI/FS. Procedures: The plan shall be designed to identify sources of sediment contamination from the facility, and characterize release mechanisms from the. facility to sediments. The plan shall include the proposed methodology for characterizing releases to sediments and as applicable shall utilize methodologies presented in the Portland Harbor Sediment Management Plan and the Portland Harbor Sediment Remedial Investigation and Feasibility Study Work Plan.
S. Air
Objective: To identify and characterize any unpermited of hazardous substances, if any, to the. air, from soil, water, or groundwater contamination at the facility.
release surface
Scope: The plan shall supplement previous investigations at the facility and shall identify arid characterize all past, current and .potential releases (e.g. contaminated soil or groundwater) of hazardous substances to air. Procedures: The plan shall include the proposed methodology for evaluating air emissions using appropriate emission calculations and/or a field sampling program. The plan shall be designed to Exhibit E delineate the nature and extent of contamination, characterize the Page 53 of 63
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site climatology, determine the physical and chemical air characteristics relevant to the RI,evaluate the potential for contaminant migration to tre willamette River and surrounding areas and gather the information necessary to identify hot spots of contamination. 6. Identification and Water Use of Current and Reasonably Likely Future Land
Objective: To identify current and reasonably likelyfutureland and water uses in the locality of the facility'not including those of the Willamette River. Scope: The plan shall be designed to identify current and reasonably likely future land and water uses for the purposes of identifying hot spots of contamimtion and conducting the baseline human health and ecological risk assessments based on OAR 34~122080, DEQ Guidance, and the Portland Harbor Sediment Management Plan. Procedures: The plan shall include the proposed identifying current and reasonably likely future uses in the locality of the facility.
D. SAMPLING AND ANALYSIS PLAN (SAP)
methodology for land and water
document
all sampling
and analysis
Scope: In preparation of the SAP, the following guidance documents shall be utilized: Data Quality Objectives for Remedial Response Activities, EPA/540/G-87/004 (OSWER Directive 935S.~7B), March, 1987; Test Methods for Evaluating Solid waste SW-846; and A Compendium of Superfund Field Operations Methods,EPA/540/P87/001 (OSWER Directive 9355.~14), December, 1987. The SAP shall address all topics listed in Environmental Cleanup Division Policy #760.000, Quality Assurance Policy. Procedures: The work plan shall include sampling and analysis plan (SAP). The SAP mall include quality assurance and quality control (QA/QC) procedures for both field and lab procedures. The SAP shall be sufficiently detailed to function as a manual for field staff.
Objective: To establish policies and procedures to protect workers and the public from the potential hazards posed by a hazardous materials site. Exhibit E Page 54 of 63 Page B-7 - Scope of Work for RI and SCM
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Scope: The HASP portion of the work plan shall CFR 1910.120 and OAR Chapter 437, Division 2.
comply
with 29
Procedures: The HASP shall include a description of risks related to RI activities, protective clothing and equipment, training, monitoring procedures, decontamination procedures and emergency response actions. F. MAPS The work plan shall include a map or maps of the facility, which clearly shows facility topography, oBsite structures, waste disposal areas and proposed sampling locations. VI. EVALUATION AND IMPLlMENTATION OF SOURCE CONTROL MEASURES
Objective: To evaluate and implement sourCe control measures deemed necessary by DEQ to address migration of hazardous substances to the Willamette River that warrants removal action under OAR 348122-070. Scope: The plan shall gather sufficient information and implement necessary source control measures. to evaluate, design
Procedures: The plan shall be designed to and conducted to characterize all release mechanisms to the Willamette River. Characterization data shall be adequate to evaluate, design and implement necessary source control measures. Source control measures shall add:ess contaminant migration to the river through overland transport, storm water runoff, free phase product migration, direct release, and/or dissolved groundwater contaminant migration that warrant removal action under OAR 34&122-070.
VII.
RISK ASSESSMENT A.
WORK PLAN RISK ASSESSMENT PLAN
UPLAND HUMAN HEALTH
Objective: To evaluate the collective demographic, geographic, physical, chemical, and biological factors at the facility, for the purposes of characterizing current or reasonably likely future risks to human health as a result of a threatened or actual release (sf of a hazardous substance at or. from the facility; documenting the magnitude of 'the potential risk at the facility; supportlng risk management decisions; and establishing remedial action goals if necessary. Scope: The human health risk assessment shall evaluate risk in the context of current and reasonably likely future land and water uses and in the absence of any actions to control or mitigate these risks (i.e., under an assumption of ID action). The human health risk assessment portion of the work plan shall be developed Exhibit E based on the requirements specified in OAR 34&122-084, DEQ Page 55 of 63
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guidance, and the Risk Assessment Guidance for Superfund- Human Health Evaluation Manual Part A United States Environmental Protection Agency (EPA) Interim Final, July 1989 RAGS-HHEM): A suggested outline for the human health evaluation is given in Exhibit 9-1 of the RAGS-HHEM. The work plan should use this outline as a framework for discussing the methodroogies and assumptions to be used in assessing the potential human health risks at the facility. Procedure: The plan shall describe the different tasks involved in prep~ring the human health risk assessment, The human health risk assessment can be complEted using either deterministic or probabilistic methodologies. If probabllistic methodologies are to be used, then Respondent shall discuss risk protocol with DEQ before the commencement of a probabilistic risk assessment. The upland human health achieve the following: 1. risk affiessment shall be designed to
2. 3. 4. S.
6. 7. B.
Develop appropriate exposure units considering the nature, extent, and distribution of contamination and the reasonably likely future land and water use in the locality of the facility; Establish data quality objectives for each exposure unit identified; Collect data appropriate' to satisfy the data quality objectives for each exposure unit; Identify contaminants of interest for each media of concern; Develop exposure scenarios based on current and reas~ably likely land use, facility features and populations potentially exposed; Identify appropriate exposure factors for all exposure pathways to be evaluated; Identify the appropriate toxicity factors for all exposure pathways to be evaluated; and Quantify the risks to human health at the facility.
B.
UPLAND
ECOLOGICAL
RISK ASSESSMENT
PLAN
Objective: To evaluate the collective demographic, geographic, physical, chemical, and biological factors at the facility, for the purposes of characterizing currerr or reasonably likely future risks to the environment as a result of a threatened or actual release(s) of a hazardous substance at or from the facility; quantifying the potential risk at a facility;. supporting risk management decisions; and establishing Emedial action goals if necessary. Scope: The ecological risk assessment shall evaluate risk in the context of current and reasonably likely future land and water Exhibit E Page 56 of 63
GENH8993
EXHiBiT_' _.lEO$
PAG~ 2,0
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Case 3:11-cv-01493-ST
Document 1-5
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Page 57 of 63
Page ID#: 438
uses and in the absence of" any actions to control or mitigate these risks (i.e., under an affiumption of no action). The ecological risk assessment will use a tiered approach (with four levels) to produce a focused and cos~effective assessment of risk. The ecological risk"assessment work plan shall be developed based on the requirements specif~d in rule under OAR 34~122-084 and DEQ guidance. Procedure: The plan shall describe the different tasks involved in preparing the ecological risk assessment. Ecological risk assessments may include a level t scoping plan; a level II screening plan; a level III baseline plan; and a level IV field baseline plan. The level III and level IV baseline plans shall include an exposure analysis, an ecological response analysis, a risk characterization and an uncertainty analysis as required by OAR 340-122-084(3). The ecological risk assessment can be completed using either deterministic or probabilistic methodologies. If probabilistic methodologies are to be used, then Respondent shall discuss risk protocol with DEQ before the commencement of a probabilistic risk assessment. Terrestrial habitats following approach: 1. 2. and receptors shall be evaluated through the
3.
Complete a Level I Scoping assessment per ODEQ guidance for the terrestrial portion of the" facility. Make a preliminary determination of locality of the facility with respect to terrestrial receptors and current and potential future exposure to facility-related contaminants. Determine potential for presence/absence of terrestrial threatened or endangered species.
VIII.
REPORTS A. QUARTERLY REPORTS Two (2) copies of the Quarterly Reports shall be submitted to DEQ by the 15th day of the quarter following the reporting period. The quarterly reports shall summarize activities performed, data results collected or received and problems encountered or r6J2l1ved during the previous quarter and activities planned for the upcoming quarter. B. REMEDIAL INVESTIGATION REPORT in as Exhibit E Page 57 of 63
The Remedial Investigation report shall follow the outline Table 3-13 (page 3-30 - 3-31) in the CERCLA RI/FS guidance, applicable, and address the items listed below:
Page B-10
- Scope
of Work
for RI and SCM
GENH8993
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1.
Executive
Summary.
2. 3.
Introduction. Facility Background
A discussion and supporting maps of facility operations, facility description, facility setting, and current and reasonably likely future land md water uses. 4. Study Area Investigation A discussion of the investigative soil, groundwater, surface water, 5, Summary and Conclusions. procedures and results sediments and air. for
A discussion of the nature, extent, distribution and environmental fate and transport of contaminants in soil, groundwater, surface water, sediments and ai+ the identification of hot spots and potential hot spots (subject to a feasibility study evaluation1 and the identification of necessary source control meamres. 6. Appendices. Detailed i?formation supporting the results of the Remedial Investigation shall be submitted in the Appendices of the report.
C.
RISK ASSESSMENT
1.
REPORT Risk Assessment Report
Human Health
The results of the human hea~h risk assessment should follow DEQ risk assessment guidance for human health and RAGSHHEM Part A. 2. Ecological Risk Assessment Report risk assessment report for report formas at
The main sections of the ecological should follow specific DEQ guidance each level (I-III).
D.
1.
REPORT
DISTRIBUTION. copy of all
Three (3) bound copies and one (1) unbound reports should be submitted to DEQ. DEQ requests paper. that all copies be duplex
2.
printed
on recycled Exhibit E Page 58 of 63
Page B-ll
- Scope
GENH8993
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GENH8993
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i2/!1/2000 12:45 FAX 503 219 75~
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Page 60 of 63
Page ID#: 441

~002
WACKER FAIn
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION" 10
1200 Sixth Avenue

Seattle, Washington 98101
DEC
Reply To
ATTN Of.
!
0 B 2000
ORC-158
CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mn Service Corporation III SW Fifth Avenue, Suite 3500 Portland, OR 97204 . Re: Notice of Potentia! Liability for the Wacker Siltronic facility located at 7200 NW Front Avenue Portland Harbor Superfund Site, Portland, Oregon
To Whom It May Concern: This letter is to notify you of potential liability, as defined by Section l07(a) of the Comprehensive Environmental Response. Compensation and Liability Act, 42 U.S.c. 99607(a). as amended (CERCLA), with respect to the above-referenced Site. Substantially the same letter has been sent to 69 parties, and additional general notice letters may be sent to others. You may receive or have already received notification of potential liability for the Site from the State of Oregon Department of Environmental Quality (DEQ). NOTICE OF POTENTIAL LIABILITY The United States Environmental Protection Agency (EPA) in cooperation with DEQ has .. documented the release or threatened release of hazardous substances, pollutants or contaminants at the Site .. EPA and DEQ have spent public funds on actions to investigate and control such releases or threatened releases at the Site. Under Sections l06(a) and 107(a) ofCERCLA, 42 C.S.c. ~~ 9606(a) and 9607(a), Section 7003 of the Resource Conservation and Recovery Act, 42 U.S.c. ~ 6973, as amended (RCRA). and other federal and state laws, a Potentially Responsible Party (PRP) or parties may be ordered to perform response actions deemed necessary by EPA and/or DEQ to protect the public health, welfare, or the environment, and may be liable for all costs lncutred by each government in responding to any release or threatened release at the Site_ In addition. PRPs may be required to pay for damages to, destruction, of, or loss of natural resources, including the costs of assessing such damages.
~~G~~--O-F of 63 Page =-.3_._' 60

EXHIBIT
PAGE
-XI.(: r '1-
'E E Exhibit
C
OF ).
'0
PrtflfJ>d on RlltyclHl Pep"
Case 3:11-cv-01493-ST
121lJ /2000 12: 45 FAX 503 21.9 759'
Document 1-5
Filed 12/09/11
Page 61 of 63
Page ID#: 442

~003
WACKER FABl FL2
EP~ in cooperation with DEQ, has evaluated infonnation in connection with the investigation of the Site. Based on this information. EPA believes Wacker Siltronic may be a PRP with respect to this Site. PRPs under CERCLA include current owners and operators of any portion of the Site, prior owners and operators at the time of a release. as well as persons who arranged for disposal or treatment of hazardous substances sent to the Site, or persons who accepted hazardous substances for transport to the Site. In accordance with CERCLA and other authorities, EPA has already undertaken certain actions and incurred certain costs in response to conditions at the Site. These response actions include the peIformance of assessments arid other activities necessary to include the Site on the CERCLA National Priorities List (NPL) of hazardous waste sites, development of a partnership with DEQ for the investig3.f.ionand cleanup of the Site.and co.nsultationwithJederal. st.ate and tribal CERCLA Natural Resource Trustees. In accordance with EPA and DEQ joint management plans for the Site. EPA will be the lead agency, as defined in CERCLA's implementing regulations. also known as the National Contingency PIan (NCP), for in-water contamination at the Site. DEQ will be the lead agency for upland contaminatiori. although the agencies intend to coordinate ..all their efforts and may share tasks as they deem appropriate. EPA accordingly anticipates expending additional funds for response activities at the Site. PRP RESPONSE AND EPA CONTACT PERSON The next major step EPA anticipates takingis the negotiation of an Administrative Order on Consent with willing PRPs fOf.the performance a Remedial InvestigationlFeasibility Study (RIfFS) to determine the nature and extent of in-water contamination at the Site. and to analyze remedial alternatives. EPA may send special notice letters. in accordance with Section 122(e) of CERCLA, 42 U.S.c. ~ 9622(e), which will provide more information about the Site. and set forth a specific schedule for RIlFS negotiations,. or EPA may commence negotiations without special notice at the request of voluntary parties able to demonstrate their capacity to adequately fund and perfonn the RIIFS. You are encouraged to contact EPA by December 28,2000. to indicate whether-you are iriterested at this tiine in volunteeriilg to enter negotiiitions to perform the RIlFS and to reimburse response costs incurred by EPA and to be incurred by EP A at the Site. EPA expressly reserves the right to issue special notice regardless of how many volunteers respond aft1rrnatively to general notice letters. Any written response to this letter should be sent to:
U.S. Environmental Protection Agency
Elizabeth McKenna. Attorney Office of Regional Counsel 1200 Sixth Avenue. MIS ORC 158 Seattle, Washington 9810 I
~
EXHIBIT PAGE __ V_OF
Exhibit E Page D::'18:T't:s 61 of 63
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Page ID#: 443

141004
219 759,
WACKER FAB1
3 'Ibis letter is intended solely for notification and information purposes. Nothing in this Iette.r can be relied upon as a final EPA position on any matter. Inquiries by counselor inquiries of a legal nature should be.directed to Elizabeth ~cKenna., 206'-553-0016, or Charles Ordine~ 206-553-1504. Office of Regional Couns~I. Technical, scope, budget, and other questions for EPA regarding thiS letter or the Site should be directed to Wallace Reid, 206-553-1128, or Chip Humphrey, 503-326-2678 .
. .Enclosure: Recipient List cc: Mike Rosen, DEQ Katherine Young, P.O. Box 83180, Portland, OR 97263-0180
Exhibit E Page 62 of 63 EXHIBIT. PAGE
G
OF
Case 3:11-cv-01493-ST
Document 1-5
Filed 12/09/11
Page 63 of 63
Page ID#: 444
Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you . Attach this card to the back of the mail piece, or on the front if space permits.
D. Is delivery address different from ite If YES, enter delivery address below:
Insurance Company of North America PO Box 1000 Philadelphia P A 19106
3. Service Type
i5 Certified o Insured
4. Restricted
Mail Mail
o Express
l2f
Mail
o Registered
Return Receipt for Merchandise
o C.O.D.
DYes
2. Article Number
rrransfer
7006 0100 0002 2906 3338

February 2004
102595-02-M-1540!
from service label)
PS Form
3811,
Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired . Printv,our name and address on the reverse so that we can return the card to you . Attach this card to the back of the mailpiece, or on the front if space permits.
to:
1. Article Adaressed
Insunmce Company of North America c/o Patti Dietz Registered Agent 12909 SW 68th Pkwy, Ste 200 Portland OR 97223
3. Service Type
,5 Certified
4. Restricted
Mail.
o Registered o Insured Mail
o Express Mail .PI: Return Receipt o C.O.D.
for Merchandise
DYes
2. Article Number
rrransfer
7006 0100 0002 2906 33~

2004
102595-02-M-1540
from service label)
PS Form
3811 , February
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 1 of 41
Page ID#: 445
AGREEMENT
TO FUND SETTLEMENT
OF STATE CLAIMS
This Agreement to Fund Settlement of State Claims ("Agreement") is entered into by and between Nationwide Indemnity Company and Employers Insurance of Wausau, f/k/a Employers Insurance of Wausau, A Mutual Company, and their officers, directors, agents, employees, representatives and parent, subsidiary or successor corporations, assigns, future acquired entities or affiliated companies (hereinafter collectively referred to as "Nationwide/Wausau") and Siltronic Corporation, a Delaware corporation formerly known as Wacker Siltronic Corporation, and its officers, directors, agents, employees, representatives and parent, subsidiary or successor corporations, assigns, future acquired entities or affiliated companies (hereinafter collectively referred to as "Siltronic") as of the latest date of execution by all signatories set forth below. Nationwide/Wausau and Siltronic may be referred to, below, as the "Parties". RECITALS A. Nationwide/Wausau issued and provides to Siltronic comprehensive general liability insurance coverage pursuant to the Policies described in Section 2 of the Agreement, below. B. During the terms of the Policies and presently, Siltronic has owned and conducted operations on property located at 7200 NW Front Avenue in Portland, Oregon (hereinafter referred to as the "Site"). For purposes of this Agreement, the Site includes Siltronic's business facility and structures, above and below the ground, located at the above address. C. The Oregon Department of Environmental Quality ("DEQ") and the United States Environmental Protection Agency ("EPA") have, and each of them, declared that Siltronic is potentially responsible under various federal and states laws for environmental contamination alleged to exist on and emanate from the Site which contamination, they assert, has caused pollution of public waters and other lands adjacent to the Site. As a result, the DEQ has, among other things, ordered Siltronic to investigate whether such contamination exists on or adjacent to the Site, to determine the scope and extent of such contamination, and to propose and implement methods of removing, controlling and/or monitoring such contamination. D. In response to the DEQ and EPA declarations and DEQ's order, Siltronic tendered a claim to Nationwide/Wausau under the Policies demanding, among other things, that Nationwide/Wausau fund the ordered investigation and necessary remediation of the Site under the joint supervision of the DEQ and the EPA. E. In response to Siltronic's tender, Nationwide/Wausau agreed to defend Siltronic and to fund the ordered investigation of alleged environmental contamination, subject to a reservation of whatever right Nationwide/Wausau may have to deny coverage under the Policies for the costs of remediating the Site or for other liability incurred by or imposed against Siltronic arising from alleged environmental contamination relating to Siltronic's ownership of or operations at the Site.
Exhibit F Page 1 of 41
46454-3322491831Jdoclljo/2/7/2007
Page 1 - AGREEMENT TO FUND SETTLEMENT OF STATE CLAIMS
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 2 of 41
Page ID#: 446
F. During the course of the investigation described above, Siltronic and other potentially responsible parties have agreed to settle claims threatened by the DEQ which DEQ alleges arise from DEQ's allegation that Siltronic and others are liable for certain remedial action costs DEQ alleges it has incurred at the Portland Harbor Superfund Site, located in Portland, Oregon. The terms of this settlement are as set forth in a Consent Judgment entered in the record of the Circuit Court for the State of Oregon for the County of Multnomah ("Consent Judgment"), a copy of which is attached hereto and incorporated herein as Exhibit A. G. Notwithstanding Nationwide/Wausau's reservation described in Recital E, above, Siltronic demands herein that Nationwide/Wausau fund payment of Siltronic's share of payments due to DEQ pursuant to the Consent Judgment, which share totals Forty Nine Thousand Nine Hundred Twenty and no/100 Dollars ($49,920.00) (hereinafter referred to as "Siltronic's Share"). H. Nationwide/Wausau acknowledges herein Siltronic's demand in Recital G, above, but continues to assert its reservation of rights with respect to Siltronic's coverage claim, as described in Recital E, above. I. The Parties, and each of them, wish to resolve this dispute without admissions and without waiver of claims, defenses, or reservations otherwise asserted and preserved. NOW, THEREFORE, in reliance on the aforesaid Recitals and in consideration of the mutual agreements contained herein, it is agreed by and between Nationwide/Wausau and Siltronic as follows: AGREEMENT 1. Incorporation of Recitals. The Recitals, reference as material terms of this Agreement. above, are incorporated herein by this
2. Policies. Nationwide/Wausau issued to Siltronic the following Comprehensive Liability Insurance Policies, which are collectively referred to herein as the "Policies:"
POLICY
General
No.
POLICY TERM
232000039640 232000039640 2321 00039640 232200039640 2323 00039640 2324 00 039640 232500039640
8/17/78-79 8/17/79-80 1/1/80-81 111181-82 1/1/82-83 1/1/83-84 111/84-85

46454-3322491831Jdoclljo/2/7/2007
Case 3:11-cv-01493-ST
Document 1-6
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Page 3 of 41
Page ID#: 447
232600039640
11/1/85-86
3. Settlement Payment. Nationwide/Wausau agrees to pay Siltronic's Share promptly upon receipt of a demand or cash-call letter therefore from Siltronic, DEQ, or the Lower Willamette Group, the latter of which is the identity of the group of potentially responsible parties funding a portion of the investigation described in Recital E, above, and of which Siltronic is a member. In the event payment of Siltronic's Share becomes unnecessary or subject to refund after such demand or cash-call and Nationwide/Wausau's payment, as described in Section 4, below, such payment shall be accounted for by Siltronic and Nationwide/Wausau and credited by Siltronic to Siltronic's ongoing investigative or defense costs pursuant Nationwide/Wausau's existing commitment to defend Siltronic described in Recital E, above, and Sections 5 and 6, below, shall be void and have no force or effect. 4. Manner and Timing of Payment. Payment of Siltronic's Share shall be made by Nationwide/Wausau by certified or cashier's check(s) payable to the order of the entity identified as payee in the subject demand or cash-call letter described in Section 3, above, and forwarded to Siltronic's counsel at the following address no later than fifteen (15) days after the receipt by Nationwide/Wausau of such demand: Christopher L. Reive Jordan Schrader PC PO Box 230669 Portland OR 97281 5. Characterization and Allocation of Siltronic's Share. The Parties agree that Nationwide/Wausau's payment of Siltronic's Share hereunder is intended to indemnify Siltronic for Siltronic's liability to DEQ for its past remedial action costs and interim remedial action costs, as defined in the Consent Judgment. The Parties further agree, for purposes of this Agreement only, that Siltronic's Share constitutes a sum which Siltronic is legally obligated to pay as damages because of property damage to which each of the Policies apply, caused by an occurrence. As a result, the Parties further agree that after Nationwide/Wausau's payment of Siltronic's Share, the amount of that payment shall be allocated and applied equally, pro rata, against the policy limits of each of the individual Policies listed in Section 2, above, and the amount of coverage limits remaining available under each Policy shall be reduced therefore. Except as such policy limits are reduced herein, the Policies otherwise remain in full force and effect. 6. Further Agreement. The Parties agree that payment of Siltronic's Share as described herein applies only with respect to, and to the extent of, the amount actually paid pursuant to the demand described in Section 3, above. The Parties further agree not to seek, in any manner, reimbursement of, or contribution to, the monies paid hereunder, from each other, or each other's predecessors, affiliates, corporations, parent corporations, subsidiaries, successors in interest, representatives, attorneys, employees, employers, agents, officers, directors or shareholders by way of subrogation, contribution, defense, indemnity or any other alleged theory of, or right to, recovery.
46454-3322491831_ 4.doc\ljol2/7/2007
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 4 of 41
Page ID#: 448
GENERAL PROVISIONS 7. No Admission. This Agreement is a compromise and settlement of disputed claims, and is the product of arm's-length negotiations. It is not and shall not be construed as an admission by either Party for any purpose and neither Party shall attempt to use it as an admission against either Party for any purpose whatsoever, except solely for purposes of enforcing this Agreement or in response to any allegation of breach of this Agreement. Nothing in this Agreement shall be deemed to constitute a waiver or an estoppel of any right of either Party to assert any claim, right or defense under the Policies. 8. No Prior Agreements. This Agreement prevails over prior communications regarding the matters contained herein between Nationwide/Wausau and Siltronic or their representatives. This Agreement was drafted and/or reviewed by counsel for each and there shall not be a presumption or construction against Siltronic or Nationwide/Wausau, each expressly waiving the doctrine of contra proferentum. 9. Entire Agreement. This Agreement is an integrated agreement and contains the entire agreement regarding the matters set forth herein between Siltronic and Nationwide/Wausau and no representations, warranties, or promises have been made or relied on by Siltronic or Nationwide/Wausau other than as set forth herein. 10. Third Party Beneficiary. This Agreement is intended to confer rights and benefits only on Siltronic and Nationwide/Wausau and is not intended to confer any right or benefit upon any other person or entity. No person or entity other than Siltronic and Nationwide/Wausau shall have any legally enforceable right under this Agreement. All rights of action for any breach of this Agreement are hereby reserved to Siltronic and Nationwide/Wausau. 11. Corporate Authorization. The Parties represent and warrant, each to the other that they have taken all necessary corporate and/or legal actions to obtain approval of the making and performance of this Agreement and that no further corporate or other approval is necessary. The Parties represent and warrant, each to the other, that the making and performance of this Agreement will not violate any provision of law or of their respective articles of incorporation or bylaws. The Parties represent and warrant, each to the other, that they have read this Agreement and know the contents hereof, that the terms hereof are contractual and not by way of recital, and that they have signed this Agreement of their own free act, and that in making this agreement, they have obtained the advice of legal counsel. The Parties further represent and warrant, each to the other, that the signatories executing this Agreement on behalf of Siltronic and Nationwide/Wausau have the requisite authority to do so. 12. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under applicable law, but if any provision of this Agreement shall be invalid or prohibited thereunder, such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or the remaining provisions of this Agreement.

46454-3322491831_ 4.doc\Jjo/2/7/2007
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 5 of 41
Page ID#: 449
Each of the terms of this Agreement is binding upon and for the benefit of Siltronic and Nationwide/Wausau, and their respective predecessors, successors, transferees, assigns, representatives, principals, agents, officers, directors and employees.
13.
Successors and Assigns.
14. Applicable Law. This Agreement the laws of the State of Oregon. 15. Counterparts. This Agreement
shall be construed
and interpreted
in accordance
with
may be executed in two (2) or more original or facsimile counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.
16. Confidentiality. This Agreement and all matters relating to the terms and negotiation of this Agreement shall be confidential and neither party, nor their representative employees, agents, or attorneys shall disclose such information to any other person without the prior written consent of the other Party, unless such disclosure is required by operation of law. In the event that a Party believes disclosure is required by operation of law, it shall give at least thirty days prior written notice to the other Party prior to disclosing such information; except that such prior notice must be given within seventy-two hours of receipt of the request for disclosure if the time for making the disclosure is less than thirty days.
NATIONWIDE/WAUSAU: NATIONWIDEINDEMNITYCOMPANY, for itself and as authorized agent of EMPLOYERS INSURANCEOF WAUSAU, F/KiA EMPLOYERS INSURANCEOF WAUSAU, A MUTUAL COMAPNY SILTRONIC: SILTRONICCORPORATION, a Delaware corporation, formerly known as WACKER SILTRONICCORPORATION
By: Its:
-;r~Jl~ ~ rI
,J",
\..."1"1.
<,
By~kd
Nell Nelson Its: Chief Executive
1'.
OfficerCEO
Nami:
ErJ
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Date:
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46454-33224 91831_4 .doc\ljo/217!2007
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 6 of 41
Page ID#: 450
13. Successors and Assigns. Each of the terms of this Agreement is binding upon and for the benefit of Siltronic and Nationwide/Wausau, and their respective predecessors, successors, transferees, assigns, representatives, principals, agents, officers, directors and employees. 14. Applicable Law. This Agreement shall be construed and interpreted in a<;cord~ce with the laws of the State of Oregon. 15. Counterparts. This Agreement maybe executed in two (2) or more original or facsimile counterparts, each o{which shall be deemed an original, but all of which together shall constitute one instrument. 16. Confidentiality. This Agreement and all matters relating to the terms and negotiation of this Agreement shall be confidential and neither party, nor their representative employees, agents, or attorneys shall disclose such information to any other person without the prior written consent of the other Party, unless such disclosure is required by operation of law. In the event that a Party believes disclosure is required by operation of law, it shall give at least thirty days prior written notice to the other Party prior to disclosing such information; except that such prior notice must be given within seventy-two hours of receipt of the request for disclosure if the time for making the disclosure is less than thirty days. NATIONWIDE/WAUSAU: NATIONWIDE INDEMNITY COMPANY,for itself and as authorized agent of EMPLOYERS INSURANCE OFWAUSAU,F/K! A EMPLOYERS INSURANCE OFWAUSAU,A MUTUAL COMAPNY SILTRONIC: SILTRONIC CORPORATION, Delaware a corporation, formerly known as WACKER SILTRONIC CORPORATION
By:
Neil Nelson Its: Chie.fExecutive Date:
----OfficerCEO _
Date:~I~,a,~}_D1-
Page 5 - AGREEMENT
TO FUND SETTLEMENT
OF STATE CLAIMS
46454-3322491831Jdoc\ljo/2/7/2007
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 7 of 41
-;
Page ID#: 451
1 2 3 4 5
6
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH STATE OF OREGON, ex reI. STEPHANIE HALLOCK; DIRECTOR, DEPARTMENT OF ENVIRONMENTAL QUALITY, Plaintiff, . v. ARKEMA INC., BAYER CROPSCIENCE, INC., BNSF RAILWAY COMPANY, CHEVRON U.S.A. INC., a Pennsylvania corporation, CITY OF PORTLAND, CONOCOPHILLIPS COMPANY, GUNDERSONLLC, KINDER MORGAN, NW NATuRAL, OREGON STEEL MILLS, INC., PORT OF PORTLAND, SILTRONIC CORPORATION, TIME OIL CO., AND UNION PACIFIC RAILROAD COMPANY, Defendants. C9NSENT JUDGMENT ("General Judgment")
7 8 9 10
Case No. 0610-10510
11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Contents
1. 2. 3. 4.. 5. 6. 7. 8.
Purpose Stipulations and Findings Payment of Remedial Action Costs Work to Be Perfolmed No tices Records Effect of Settlen1ent. Covenant Not to Sne by State of Oregon : ' ~ '" ; ;
2 3 6 7 9 12 '13 14
Page 1 - CONSENT JUDGMENT - GENERAL JUDGMENT

DEQ v. ArkemG, Inc., et al.
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 (971) 673.1880
CBDQ8674
EXHIBIT
PAGE_( ~OF3S'
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 8 of 41
Page ID#: 452

, , ,
1 2
3
9. 10.
11.
Covenant Not to Sue by Defendants Contribution Actions Dispute Resolution Inden1nification Signatories; Service Modification Certification of Completion; Termination EP A Consent Order DEQ Presiding Officer Report Administrative Record Index ; , ,
15
16
17 17 18 18 18
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
12. 13. 14. 15.
Exhibit 1 Exhibit 2 Exhibit 3 1. Purpose
This Consent JudgD1ent is filed pursuant to ORS 465.325, and is filed simultaneously with and for the purpose of resolving the underlying complaint by the State of Oregon. Plaintiff State of Oregon ex reI. the Oregon Department of Environmental Quality ("DEQ") and Defendants Arkema Inc., Bayer Crop Science, Inc., BNSF Railway Company, Chevron U.S.A. Inc., a Pennsylvania corporation, City of Portland, ConocoPhillips Company, Gunderson LLC, Kinder Morgan, NW Natural, Oregon Steel Mills, Inc., Port of Portland, Siltronic Corporation, Time Oil Co., and Union Pacific Railroad Company (collectively, "Defendants") desire to resolve this action without litigation and have agreed to entry ofthe Consent Judgment without admission or adjudication of any issue of fact or law. The mutual objectives of the parties are: (a) to resolve Defendants' liability for certain remedial action costs at the Portland Harbor
I
Superfund Site; and (b) to protect public health, safety, and welfare and the enviromnent by the implementation of a remedial investigation and feasibility study at the POliland Harbor Superfund Site in accordance with the federal Comprehensive Enviromnental Response, Compensation and Liability Act, 42 U.S.c. ~ 9601, et seq. ("CERCLA") and consistent with Oregon's Hazardous Substance Removal and Remedial Action Statute, ORS 465.200 et seq.
CBDQ8674
(I

DEQ v. Arkema, Inc., et al.
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201
(971) 673.1880
EXHIBIT p PIG E
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2.
Stipulations and Findings.
A.
Each Defendant stipulates: (1) (2) (3) To entry of this Consent Judgment; To perf 01111nd comply with all provisions of this Consent Judgment; and a In any proceeding brought by DEQ to enforce this Consent Judgment, not to
litigate this Court's jurisdiction over this matter or the validity ofthe Consent Judgment. B. deny: (1) Investigations of sediments and water quality in the Willamette River within
II
DEQ makes the following findings of fact, which Defendants neither admit nor
the area commonly known as Portland Harbor have revealed a broad range of hazardous substance contaminants. ORSA65.200(16), Tbese contaminants are "hazardous substances" within the meaning of
and constitute a "release" or "threat of release" of hazardous substances into The Portland Harbor area is a
the environment within the meaning ofORS 465.200(22). "facility" within the meaning of ORS 465.200(13). (2).
In response to this coritamination, DEQ undertook a number of measures for
"
.the protection of public health and the environment, including but not limited to site discovery and assessment to locate sources of the contamination, development of a Portland Harbor Sediment Investigation Work Plan to guide investigation of the sediments contamination, consultation and negotiation with potentially responsible parties ("PRPs") regarding the design and implementation ofthe plans, coordination with federal agencies and tribes having interests in
the Willamette River, and the undertaking of cooperative agreements and public outreach necessary to these effOlis. DEQ undertook these measures pursuant to its authorities under the state enviro1Ul1ental cleanup law, ORS 465.200 et seq. DEQ incurred unreimbursed costs of $1,902,171.31 through December 31,2000 in undeliaking these activities ("Past Remedial
26
DEQ v. Arkema, Inc., et at.
Department of Justice 1515 SW Fifth Ave, Suite 410 Porlland, OR 9i201 (971) 673-1880
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Action Costs"). These costs are "remedial action costs" within the meaning of ORS 465.200(24). (3) On December 1,2000, the U.S. Envirorunental Protection Agency ("EPA")
placed the Portland Harbor area on the National Priority List pursuant to CERCLA, as the Portland Harbor Superfund Site ("Site"). The Site consists of the areal extent of contamination, and all suitable areas in proximity to the contamination necessary for implementation of response action, at, from, and to the Portland Harbor Site Assessment Area from approximately River Mile 3.5 to River Mile 9.2, including uplands portions ofthe Site that contain sources of. contamination to the sediments at, on, or within the Willamette River. The final boundaries of the Portland Harbor Superfund Site will be established by EPA when it selects a final cleanup
. I I .
remedy for the Site. On September 28,2001, EPA issued an Administrative Order on Consent for Remedial Investigation/Feasibility Study entered with a number ofPRPs, which consent
order is attached to this Consent Judgment as E~hibit 1. On April 27, 2006, EPA and the PRPs entered an Administrative Settlement Agreement and Order on Consent for Remedial Investigation/Feasibility Study, which amended the September 28, 2001 cpnsent order. The including any existing or future
:
consent order, U.S. EPA Docket No. CERCLA-I0-2001-0240,
amendment and related existing or future EPA settlement with additional parties for RIfFS Work, as defined in Section 4.A below, is referred to in this Consent Judgment as the "EPA Settlement Agreement", which is incorporated by reference into this Consent Judgment. The EPA
Settlement Agreement requires the signatory PRPs to that agreement to perform an in-water remedial investigation and feasibility study ("RVFS") for the Site, provides for EPA oversight and enforcement of that work, provides for DEQ oversight of the work as a support agency to EPA, and requires reimbursement by signatory PRPs of costs incurred by DEQ as support
agency on or after January 26,2001. III III

CEDQ8674
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DEQ v. Arkema, Inc., et ai.
Department of Justice 1515 SW Fifth Ave, Suite410
Porl1anu, OR 97201 (971) 673-1880
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(4)
Pursuant to a Memorandum a/Understanding/or
Portland Harbor
S~lpellund Site entered in February 2001, DEQ and EPA have agreed to share resp~nsibility for investigation and cleanup of the Site. DEQ is responsible for overseeing the investigation and
~
control of contaminant sources to the Site. EPA is responsible for overseeing the investigation and c'1eanup of in-water contamination. agency's efforts. (5) Each Defendant listed in Section 1 above is a "person',' within the meaning Each agency also acts as a support agency to the other
ofORS 465.200(21), and aliabie person under ORS 465.255. (6) On July 1,2006, DEQ published notice of this Consent Judgment as a
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proposed consent judgment and provided opportunity for public comment. In accordance with 465.325(4)(d) and 465.320(1), the notice was published in the Oregon Bulletin and The DEQ also mailed the notice to a number of individuals and entities. On
liORS
12 . Oregonian newspaper. 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Ju1T18, 2006, DEQ held a public meeting to receive oral comment on the proposed consent judgment. The public comment period ended August 1,2006. DEQ received a number of
written and oral comments, which are described in the Presiding OJfi~er Report dated September 2006, and attached to and incorporated into this Consent Judgment as Exhibit 2. (7) By Signature Authority memorandum dated September 11,2003, the DEQ
Northwest Region Administrator is delegated the authority of the DEQ Director to approve and execute this Consent Judgment. (8) After consideration of the public comments in accordance with ORS
465.325(4)( d), the Director ofDEQ detennines that the comments do not disclose facts or considerations indicating that the proposed consent judgment is imippropriate, improper, or inadequate. The Director further detennines, in accordance with ORS 465.325(1) and (7), that this Consent Judgment and all of Defendants' commitments under the Consent Judgment will expedite removal or remedial action, minimize litigation, be consistent with rules adopted under ORS 465.400, and be in the public interest. These determinations are based on the

DEQy.Arkel11a, [nc., et al.
(971) 673- 1880
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administrative record described in the Administrative Record Index attached to and incorporated byreference into this Consent Judgment as Exhibit 3. 3. Payment of Remedial Action Costs
A.
Past Remedial Action Costs. Within 30 days of entry of this Consent Judgment, This payment is made in
Defendants shall make payment to DEQ of $600,000,00.
reimbursement of, and satisfaction of each Defendant's liability for, DEQ's Past Remedial Action Costs incuued tlu'ough December 31, 2000 and any interest accmed thereon. Payment shall be made by certified or cashiers check made payable to "State of Oregon, Hazardous Substances Remedial Action Fund," and mailed to: Oregon Department of EnvirolID1entai
/
Quality, Accounting, 811 SW Sixth Ave., Portland, OR 97204. "Portland Harbor Consent Judgment."
The payment shall reference the
Upon receipt of the payment by DEQ, sole legal and
equitable right, title, and interest in such money and interest eamed on the money ilTevocably vests in the State of Oregon, and each Defendant waives, discharges, and releases arty claim to or recourse against the money; provided, the Defendants reserve the right to seek enforcement of DEQ's obligations under this Consent Judgment.
I
B.
Interim Remedial Action Costs. Withiri 30 days of entry of this Consent
Judgment, DEQ shall provide Defendants with an invoice for costs inculTed by DEQ in cotmection with deve10ping and obtaining Court approval ofthis Consent Judgment ("Interim Remedial Action Costs"). Within 30 days of receipt ofDEQ's invoice, Defendants shall pay the
amount invoiced, by certified or cashier's check(s) made payable to "State of Oregon, Hazardous Substances Remedial Action Fund," and mailed to: Oregon Department of Environmental Quality, Accounting, 811 SWSixth Ave., Portland, OR 97204. The payment shall reference the "Portland Harbor Consent Judgr:nent." This payment is made in satisfaction of each Defendant's liabilit~ for Interim Remedial Action Costs, and is in addition to the payment required under Section 3.A above.

DEQ v. Arkema, [nc., et al.
Department of Justice
1515SW Fifth Ave. Suite 410 Portland, OR 97201 (971) 673-1880
CEDQ8674
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C.
Oversight Costs. Defendarits shall reimburse costs incurred by DEQ in
implementation and oversight of perfo1111anceof the EPA Settlement Agreement and billed on or after January 26,2001 ("Oversight Costs"), Payments shall be made subject to the provisions of and in accordance with Section XXIII of the EPA Settlement Agreement, and are in addition to payments required under Sections 3.A and B above. D. Eannarked Work. Upon receipt of the payment for Past Remedial Action Costs
7 8 9 10
required under Section 3.A above, DEQ shall forward $400,000.00 ofthe payment to the Oregon' State Treasurer for deposit into an interest-bearing site-specific account within the Hazardous Substances Remedial Action Fund (the "POliland Harbor Source Control Account").
I
The
POliland Harbor Source Control Account shall be d~dicated for use at DEQ's direction at the Site
11 .for: (a) funding of a stonnwater source control project manager for a minimum of si'x months; (b) 12 13 14 15 16 funding of a st0l111waterteclu1ical assistance coordinator for a niinimum of two years; (c) funding:ofa source control project manager for a minimum of six months; and (d) developing
information, collecting data, or providing teclmical assistance on stonnwater source control. If ai1Ymoney remains or will foreseeably remain in the POliland Harbor Source Control Account at the time of issuance by EPA of a Record of Decision for the final in-water remedy for the Site, may make any expenditure fr()m the POliland Harbor Source Control Account authorized
,,'
17DEQ 18 19
by law. 4. Work to be Perfol111ed
20
21
A.
Remedial Investigation and Feasibility Study. Defendants shall perfOlm or fund
22 23 24 25 . 26
the RIfFS as directed by EPA under the EPA Settlement Agreement ("RIfFS Work"), in accordance either with their respective status as signatories to the Settlement Agreement or their funding contribution to perfonllance of the RIfFS Work. All provisions of the EPA Settlement Agreement related toperfonnance of the RIfFS, including but not limited to provisions regarding
DEQ access to property, data, and records, DEQ receipt of reports and other deliverc.::bles,and

DEQ v, Arkema, Inc" et al.
Department of Justice ISIS SW Fifth Ave, Suite410 Portland, OR 97201 (971) 673-1880
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DEQ review and comment on deliverables, shall apply to and govern performance of this RIIFS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Work obligation under this Consent Judgment. B. Certification of Funding Contribution. On or before March 1 of each year that this
Consent Judgment is in effect, Defendants' Project Managers identified in Section 5.A below shall celiify in writing to DEQ whether Defendants who are not signatories to the EPA Settlement Agreement are in compliance with their obligation to contribute to funding of performance of the RIIFS Work. Defendants' Project Managers may also notify DEQ in writing at any time that any Defendant is not in compliance with its obligation to contribute to funding of perfoIDunce of the RIlFS Work, and must provide any such notice to the applicable Defendant at the same time. Within 30 days of receipt of any such notice, the applicable Defendant must
I I
either (a) cure its failure to contribute to funding of performance of the RIIFS Work, or (b) commence dispute resolution in accordance with Section 11 below. /11 III III III III III III III III III III III III
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CBDQ8674

DEQ v. Arkenuz, [nc., et al.
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 (971) 673.1880
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5. 2 3 4 5 6 7 8 9 10
11
.Notices A. Project Managers. All notices and other communications required under or
relating to this Consent Judgment shall be directed to: DEQ Project Manager . . Jim Anderson Oregon Department of Environnient.al Quality 2020 SW 4th Ave., Suite 400 Portland, OR 97201 Tel: 503-229-6825 Fax: 503-229-6945 anderson.j im@deq.state.or.us Defendants' Project Managers Jim McKelma, LWG Project Manager Co-Chair Port ofPoliland 121 NW Everett, PO Box 3529 POliland, OR 97208 Tel: (503)944-7325 Fax: (503)944-7353 Jim.mckenna@portofportland.com Robeli Wyatt LWG Project Manager Co-Chair ,NW Natural . 220 NW 2nd Avenue Portland, OR 97209 Tel: (503) 226-4211 x5425 Fax: (503) 273-4815 rjw@nwnatural.com
12
13
14
15 16 17 18 B. Defendant Representatives. All notices and other communications required under or
relating to this Consent Judgment shall be directed to: Arkema Group (c/o Legacy Site Services,. LLC Exclusive Agent for Arkema) Doug Loutzenhiser Executive Vice President Legacy Site Services 468 Thomas Jones Way, Suite 150 Exton, PA 19341-2528 T: 610 594-4424 Bayer CropScience, Inc. Robert C. Lockemer Global Environmental Manager Bayer CropScience, Inc. PO Box 12014 Research Triangle Park, NC 27709 James Benedict, Attomey Cable Huston, et al 1001 SW 5th Avenue, Ste 2000 Portland, OR 97204 T: (503) 224-3092 F: (503) 224-3176 jbenedic@chbh.com
19 20
21
22
23
F: 6W 594-4439
doug. lou tzenhiser@total.com
Claudia K. Powers, Attorney Ater W Yl1l1e 24 222 SW Columbia, Ste 1800 . POliland, OR 97201 . 25 T: (503) 226-8652 F: (503) 226-0079 26 ckp@aterwynne.com

DEQ v. Arkema, Inc., et at.
Department of Justice ' Ii
CBDQ8674
1515 SW Fifth Ave, Suite 410

Portland, OR 97201 (971) 673-1880
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BNSF Railway Company Bruce Sheppard Mgr Envirolmlental Remediation BNSF Railway Company 2454 Occidental Ave. S. Suite 1A Seattle, WA 98124-1105 T: (206) 625-6035 F: (206) 625-6007 bruce. shepp ard@bnsf.com Jolm Ashworth Attorney Bullivant Houser Bailey 888 SW 5th Avenue #300 Portland, OR 97204 T: (503) 499-4428 F: (503) 295-0915 j olm. ashwOlih@bullivant.com Chevron U.S.A. Inc. Richard Chatfield-Taylor, Attorney Chevron U.S.A., Inc. .6001 Bollinger Canyon Road Room T3234 San Ramon, CA 94583-2324 T: (925) 842.5017 F: (925) 842-2011 rctay1or@chevron.com Gerald F. George Counsel Pillsbury Winthrop Shaw Pittman 50 Fremont Street San Francisco, CA 94105-2228 T: 415.983.1762 F: 415.983.1200 gerald. george@pillsburylaw.com City ofPOliland Jan L. Betz, Deputy City Attorney City of Portland 1221 SW 4th Avenue, Room 430 Portland, OR 97204 T: (503) 823-4047 F: (503) 823-3089 jbetz@ci.portland.or. us Rick Applegate Environmental Services Manager, POliland Harbor, City of POliland 1120 SW Fifth #1000 Portland, OR 97204 T: 503-823-7094 F: 503-823-6995 ricka@bes.ci.portland.or.us ConocoPhillips Carol Bland, Site Manager ConocoPhillips Company " 600 North Dairy Ashford Threadneedle Building TN 5044 Houston, TX 77079-1175 Carol. bland@conocophillips.com
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DelTick Vallance, Attorney ConocoPhillips Company 600 N. Dairy Ashford Houston, TX 77079 " T: (281)293-2247 F: (253)484-1922 derrick.d.vallance@conocophillips.com Gunderson LLC Ken Stephens Tonkon Torp, LLP 888 SW 5th Ave Portland, OR 97204-2012 Max M. Miller, Jr., Attorney TOl1kon Torp, LLP 888 SW 5th Avenue Portland, OR 97204-2012 T: (503) 802-2030 F: (503) 972-3730 max@t0l1kon.com Kinder Morgan Lynne Paretchan, Attorney Perkins Coie LLP 1201 Third A venue, 40th Floor Seattle, WA 98101 T: 503-:-727-2076 F: (206)359-9627 Lparetchan@perkinscoie.com :
Exhibit F Page 16 of 41 CBDQ8674 ". , ,
Page 10 - CONSENT JUDGMENT - GENER&pJ;n.t~lJ.PoHM~NT

DEQ v. Arkema, Inc" et at.
. 1515 SW Fifth Ave, Suite 410 Portland, OR 97201
(971) 673-1880
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Nancy E. Van Burgel Kinder Morgan, LLC 370 Van Gordon PO Box 281304 Lakewood, CO 80228-8304 NW Natural Patty Dost, Attorney Schwabe, Williamson & Wyatt 1211 S.W. Fifth Avenue Suite 1900 Portland, OR 97204 T: (503) 796-2449 F: (503) 796;.2900 . pdost@schwabe.com Robert Wyatt LWG Project Manager Co-Chair NW Natural 220 NW 2nd Avenue POliland, OR 97209 T: (503) 226-4211 x5425 F: (503) 273-4815 ljw@nwnatural.com Oregon Steel Mills, Inc. Mike Pettit, Assistant Controller Ore'gon Steel Mills, Inc.' 14400 N. Rivergate Blvd. Portland, OR 97208 T: (503)240-5788 M: (503)240-5777 PetittM@osm.com Loren R. Dunn Riddell Williams 1001 Fomih Avenue Plaza Suite 4500 Seattle, WA 98145-1065 ldunn@riddellwilliams.com
Port of Portland James McKelma LWG Project Manager and Co-Chair Port of Portland 121 NW Everett PO Box 3529 POliland, OR 97208 T: (503)944-7325 F: (503)944-7353 Jim.mckelma@portofportland.com David Ashton, Assistant General Counsel Port of Portland 121 NW Everett P.O. Box 3529 Portland, OR 97208 IT: (503) 944-7090 I F: (503) 944-7038 david. ashton@portofportland.com Silfronic Corporation Neil Nelson CEO Siltronic Corporation 7200 NW Front Avenue Portland, OR Alan Gladstone, Attomey . Davis Rothwell Earle & Xochihua, P.C. 1300 S.W. Fifth Avenue, Suite 1900 Portland, Oregon 97201. T: (503) 222-4422 F: (503) 222-4428 agladstone@davisrothwell.com Time Oil Co. Richard Gordon Time Oil Co. 2737 West Commodore Way Seattle, WA 98199 Patty Dost, Attorney Schwabe, Williamson & Wyatt 1211 S.W. Fifth Avenue Suite 1900 Portland, OR 97204 T: (503) 796-2449 F: (503) 796-2900 pdost@schwabe.com
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Union Pacific Railroad Company Robert. C. Bylsma Union Pacific Railroad Company 10031 Foothills Blvd. Suite 200 Roseville, CA 95614 . Joel Strafelda Union Pacific Railroad Company 1400 Douglas Street Omaha, NE 68179-1690 T: (402) 544-6572 William F. Joyce, Attomey Salter Joyce Ziker 1601 Fifth Avenue Suite 2040 Seattle, WA 98101-1686 T: (206) 957-5951 F: (206) 957-5961 wjoyce@sjzlaw.com
5 6
7 8
9
10
6.
Records A. For 10 years after entry of this Consent Judgment, each Defendant shall preserve.
11
12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26
and retain all records now in its possession or control, or which come into its possession or control, that may relate in any way to liability of Defendant and its predecessors, successors, agents, and assigns under federal or state law with respect to hazardous substance contamination at the Site. UponDEQ's request, Defendant shall provide such records to DEQ or make them
,
I
available for copying by DEQ. At the conclusion of the 1O-year retention period, and for five years thereafter, :Defendant shall provide DEQ with 60 days' notice before destruction or other disposal of such records, and, upon DEQ'srequest, available for copying by DEQ. B. A Defendant may assert a claim of confidentiality regarding any of Defendant' s provide such records to DEQ or make them
records submitted to or copied by DEQ pursuant to this Consent Judgment. DEQ shall treat records for which a claim of confidentiality has been made in accordance with ORS 192.410 tlu~ough 192.505. If a Defendant does not make a claim of confidentiality at the time Defendant's rec6rds are submitted to or copied by DEQ, the records may be disclosed without
notice to the Defendant. /11

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Page 12 - CONSENT JUDGMENT - GENEI)fe..p~.t~~H&1J~NT DEQv. Arkema, Inc., et al. 1515 SW Fifth Ave, Suite410
, Portland, OR 97201 (971) 673-1880
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C. 2 3 4
5
Defendants reserve the right to claim the attomey-client privilege and/or attomey
work product immunity, and DEQ reserves the right to challenge any such claim by Defendants. 7. Effect of Settlement
A.
No Defendant admits any liability, violation of law, or factual or legal findings,
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
21
conclusions, or detemlinations made by DEQ under this ConsentJudgment.
B.
Nothing in this Consent Judgment is intended to create any rights or defenses or
grant any cause of action in favor of any person who is not a party to this Consent Judgment. C. If for any reason the Court declines to approve this Consent Judgment, the terms
ofthe settlement may not be used in evidence in any litigation among or against the parties.
"
D.
The rights and obligations of this Consent Judgment apply to the parties and their
respective officers, directors, shareholders, partners, owners, employees, successors, agents, and assigns; provided, the covenant not to sue and contribution provisions, respectively, of Sections 8 and 10 below shall not apply to successors or assigns who: (a) are liable for DEQ's Past Remedial Action Costs; and (b) did not make payment for Past Remedial Action Costs under Section 3.A above.
"
E.
Nothing in this Consent Judgment precludes DEQ or any Defendant from
asserting any claims, causes of action, or demands for indemnification, contribution, or cost recovery against any person who is not a signatory to this Consent Judgment, or from entering settlements regarding such matters with persons not signatory to this Consent Judgment.
F.
Nothing in this Consent Judgment applies to or affects in any way any Party's
22 23 24 25 26
claims, rights, or defenses regarding work, costs, liability, or responsibility associated with final remediation of in-water and sediments contamination in POliland Harbor. III III III
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'. DEQ v. Arkema, Inc., et al.
1515 SW Fifth Ave, Suite 410 Portland, OR 97201
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8.
Covenant Not to Sue by State of Oregon
A.
Except as provided in Section 8.B below, the State of Oregon covenants not to sue
or take any other action, including but not limited to judicial or administrative action, against Defendants with regard to the Site pursuant to ORS 465.200 to 465.255 or 465.900, regarding specifically: (1) Past Remedial Action Costs, which covenant is in consideration of and required under Section 3.A above;
shall be effective upon satisfaction ofpayment(s) (2)
9
10 11 12 13 14 15 16 17 18 .19
Interim Remedial Action Costs, which covenant is in consideration of and

I I
shall be effective upon satisfaction of the payment required under Section 3.B above; (3) Oversight Costs, which covenant shall be effective upon entry of this
Consent Judgment and is in consideration of and thereafter subject to satisfaction of all payments required under Section3.C (4) above; and
RIfFS Work, which covenant shall be effective upon entry of this Consent
Judgment and is in consideration of and thereafter subject to: (a) Defendants' satisfaction of Section 4.A above for the perf0l111anCeor funding of the RIIFS Work; and (b) Defendants' completion of an evaluation in the feasibility study of "applicable or relevant and appropriate" state requirements ("ARARs") consistent with the National Contingency Plan ("NCP"), 40 C.F.R.Part B. 300, and of a range of remedial actionaltemativesconsistent with the NCP.
20
21 22 23 24 25 26
The State of Oregon reserves all rights against each Defendant with respect to
matters not expressly included within the covenant not to sue set fQrth in Section 8.A above, including but not limited to: (1) (2) (3) damages;
A Defendant's failure to meet a requirement of this Consent Judgment; A Defendant's criminal liability; A Defendant's liability under federal or state law for natural resources
Page 14 - CONSENT JUDGMENT - GENER&pJ;u.t!'l~RMreNT

J 515 SW Fifth Ave, Suite 410
POI:tland, OR 97201
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2 3 4 5 6 7 8 9 10 11 12 13 14 15
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(4)
A Defendant's acts or omissions causing, contributing to, or exacerbating
a release of hazardous substances at the Site after the date of entry of this Consent Judgment; (5) . A Defendant's liability arising from disposal of hazardous substances
removed from the Site; (6) Section 12 below; (7) A Defendant's liability, or obligation under agreements or orders with Any matter as to which the State of Oregon is owed indemnification under
DEQ, to perfonn investigations, source control, or other remedial activities at upland facilities at the Site; (8) A Defendant's liability regarqing final remedial action of sediments
I
contamination at the Site; and (9) Subject to 42 U.S,c.
S 9621(e),
any regulatory or proprietary
authorization, pelmission, or approval required from a state agency for performance of the RIfFS Work. 9. Covenant Not to Sue by Defendants
17 18 19 20 21 22 23 24 25 26
Each Defendant covenants not to sue or assert any claim or cause of action, in any judicial or administrative forum, against DEQ for reimbursement pursuant to ORS 465.260(7) with respect to Matters Addressed. The "Matters Addressed" in this Consent Judgment are Past Remedial Action Costs, Interim Remedial Action Costs, Oversight Costs, and RIfFS Work as defined in Sections 3 and 4 above. Subject to any agreement among Defendants and the State
of Oregon or any of its agencies other than DEQ, Defendants expressly reserve all rights of cost recovery and contribution against the State of Oregon or any of its agencies ot1).erthan DEQ with respect to the Matters Addressed by this Consent Judgment. III III
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DEQ v. Arkema,
fIlC.,
eta!.
1515SWFifthAve,Suite410
Portland, OR 97201 (971) 673-1880
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10.
2
Contribution Actions
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
A.
The Parties agree that this Consent Judgment is ajudicial settlement within the
meaning ofORS 465.325(6)(b), pursuant to which Defendants have resolved their liability to the State ofOregol1 and therefore, as of the date of entry of this Consent Judgment and subject thereafter to satisfactory performance, Defendants shall not be liable for claims for contribution regarding the Matters Addressed (as defined in Section 9 above); provided, this contributlon protection shall not apply against any person performing or funding RI/FSWork EPA Settlement Agreement or this Consent Judgment: as a party to the
B.
The Parties agree that this Consent Judgment is ajudicial settlement within the
I J
meaning ofORS 465.325(6)(c)(B),
pursuantto which Defendants have resolved their liability to
the State of Oregon and therefore may seek contribution regarding the Matters Addressed (as defined in Section 9 above).
c.
Except as provided in Section 9 above, nothing in this Consent Judgment shall
prevent a Defendant from exercising any right of contribution ot indemnification the Defendant may have against any person relating to the Site or this Consent Judgment. 11. Dispute Resolution
, ,
A.
Within 30 days of a Defendant receiving (a) written notice in accordance with
Section 4.B above that the Defendant is not in compliance with its obligation to contribute to funding ofperfOlmance ofRI/FS Work, or (b) written notice from DEQ that any condition to the the
covenant not to sue for RIfFS Work set f01ih in Section 8.A.(4) has not beensatisfied,
Defendant may commence dispute resolution by providing written notice to all Parties invoking dispute resolution regarding the disputed matter. The Paliies shall make a good faith effOli to resolve the dispute within 30 days of the notice being provided. If the disputeis not resolved within that 30-day period, any Pariy may refer the dispute to this Coun:.
Exhibit F Page . of 41 22 CEDQ8674
Page 16 - CONSENT JUDGMENT - GENER&-p~.ti~~RM~NT

. 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 (971) 673-1880
..
(:
EXHIBIT
Pr\ GC "'L
I'
.J._'
. IfI.Q OI.7J5 . - I ~==~
.A=~".~,~~
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 23 of 41
Page ID#: 467
1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26
B.
Without affecting any Pmiy's right to pursue dispute resolution under Section
11.A above, DEQ will endeavor to resolve any disagreement between DEQ and EPA regarding the evaluation of state ARARs and remedial action alternatives in the in-water feasibility study in accordance with the Memorandum. entered in February 200 1. 12. Indenmification
0/ Understanding/or
Portland Harbor Superfund Site
To the extent pennitted by the Oregon Constitution and by the Oregon Tort Claims Act, the Defendants shall indemnify and hold hann1ess the State of Oregon and its commissions, agencies, officers, employees, contractors, and agents from and against any and all claims arising
"
from acts or omissions related to the implementation of this Consent JudgmeJ?t of the Defendants or its officers, employees, contractors, agents, receivers, tmstees, or assigns. The State of Oregon shall notify the Defendants of any such claims or actions as soon as practicable after recei ving notice that such a claim or action is threatened or has been filed. The Defendants shall have the right to pmiicipate fully at .their own expense in the defense or settlement of such claims, including the right to promptly receive related con-espondence with the claimant and the
.<"
opportunity to participate in related meetings and telephone conferences with the claimant. The State will confer with the Defendants regarding litigation and settlement strategy and, to the extent practicable, will afford the Defendants the oppOliunity to review and comment on all pleadings and settlement documents before they are filed with the court or sent to the claimant. The Defendants shall have no obligations under this Section with respect to any claim settled or otherwise compromised without the Defendants having been provided the opportunity to participate in accordance with this Section. DEQ shall not be considered a party to any contracts made by the Defendants or its agents in can-ying out activities under this Consent Judgment or the EPA Settlement Agreement. III
,.
{;,'
Page 17 - CONSENT JUDGMENT ~

. DEQv. Arkema,
iIlC.,
GENE%~.ti~~mRUU~NT
1515 SW Fifth Ave, Suite 410 Purllanu, OR 97201
f071 \ (;,71 1 QQn
et a1.
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 24 of 41
Page ID#: 468
1 2 3 4 5 6 7 8
13.
Signatories; Service
A.
The undersigned representative of each party certifies that he or she is fully
authorized to execute this Consent Judgment and bind such party to this Consent Judgment. B. Each party has identified, on its respective attached signature page, the name and
address of the agent authorized to accept service of process by mail on behalf of that party with respect to any matter relating to this Consent Judgment. Each party agrees to accept service in
such manner, and waives any other service requirements set forth in the Oregon Rules of Civil
9 . Procedure or local rules of this Court. The parties agree that Defendants need not file an answer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. Subject to the jurisdiction of this Comi under ORS 465.325(10)(c), this Consent DEQ and Defendants may modify this ConsentJudgment subj ect to approval by this Court. 15. Certification of Completion; Tenl1ination by mutual written agreement, to the complaint in this action unless or until the Court expressly declines to approve this
}
Consent Judgment. 14. Modification
Judgment shall be deemed satisfied and terminated upon filing of a certification of completion by DEQ. Tenl1ination of this Consent Judgment shall not affect any continuing obligations ofthe Defendants or DEQ under this Consent Judgment, including but not limited to the obligations and rights with respect to covenants not to sue and contribution protection (Sections 8, 9, and 10), records preservation and confidentiality (Section 6), and indemnification (Section 12). B. Notwithstanding tennination of this Consent Judgment, the Comi .retains
jurisdiction over both the subject matter of this Consent Judgment and the Parties regarding continuing obligations under thi,s Consent Judgment.
Page 18 - CONSENT JUDGMENT - GENER&ia1.tJllJRR~JiNT

DEQv. Arkema, Inc., eta!.
1515SWFifthAve,Suite410 Purllulld, OR 97201
fO'''71\hi110Q()
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 25 of 41
Page ID#: 469
1 2 3 4 5 6 7 8 9 10
UPON Stipulation administrative
of the Parties for Entry of this Consent Judgment,
and the of Environmental
record before the Comi showing that the Oregon Department set forth in ORS 465.325,
Quality complied with the procedures opportunity Judgment, IT IS ORDERED for public comment,
including public notice, this Consent
and consideration
of public comment regarding
that this Consent Judgment
be entered, this __
day of October, 2006.
1I 12
13 Submitted by:
Circuit Court Judge
14
15 16
Kurt Burkholder, OSB# 80465 Attorney for Plaintiff Oregon De~aIimelit of Justice 1515 SW 5 hAve., Ste. 410 Portland, OR 97201
"
17
18
19
20
21
22
23 24
25
26
Page 19 - CONSENT
JUDGMENT
- GENE%~tll~RMPeNT
1515 SWFifth Ave, Suite 410 Portland, OR 97201 (971) 673-1880
DEQ v. Arlcema, Inc., eta!.
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 26 of 41
J.
Page ID#: 470
1 2 3
THE UNDERSIGNED
PARTIES enter into this Consent Judgment:
STATE OF OREGON .DEPARTMENT OF ENVIRONMENTAL
QUALITY
"
Date:
?- (y.- O{
Date:
r- ry-
(J (
15 16 17 18
Agent Authorized to Accept Service on Behalf of Above-Signed Party: Kurt Burkholder Oregon De~artment of Justice 1515 SW 5 h Ave., Suite 410 Portland, OR 97201
I
19 20
21
22 23 24 25
26
Exhibit F Page 26 of 41 Page 20 - CONSENT JUDGMENT GENR3322
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 9720] (503) 229-5725
I' : ~ ~
(i'J
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 27 of 41
Page ID#: 471
ARKEMAINC.
2
.ces, LLC, agent for Arkema, By:
4
5 6
7 8 9 Richard 1. Charter, II President
Date:
_9_.
-_2_I_o_f:;__
Agent Authorized to Accep~ Service on Behalf of Above-Signed Party:
<:t COlP6-iiition SYStem

388 State Street Suite 420 Salem, OR 99301
10
11
12 13
14
15
16
:'
..
17
18
19
20 21"
22
23
24 25
26
Page 21 - CONSENT JUDGMENT GENR3322
~paMJnentof]ustico 1515 SW Fifth Avo, Suite 410 Portland, OR 97201

(503) 229.5725
,...'
.'
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 28 of 41
Page ID#: 472
1
2
BAYER CROPSCIENCE, INC.
3 4 5 6 7
By Robert C. Lockemer Glohal Environmental Manager Bayer CropScience, Irie. PO Box 12014 Research Tliangle Park, NC 27709
Date:~
1rf;C;ZOtlb'
10
11
James Benedict Attorney Cable Huston, et al 1001 SW 5th Avenue, Ste 2000 Portland, OR 97204
J I
12
13
14 15 16 17 18
19
, .
20
21
22
23
24
25
26
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 9720 I

(503) 229-5725
.. ," f'
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 29 of 41
Page ID#: 473
1 BNSFRMLWAYCOM1ANY
2 3 4
5 By: Bruce Sheppard Mgr Environmerital emediation BNSF Railway Company 2454 Occidental Ave. S. Suite IA Seattle, WA98124-1105
Date:.. ::lS.
7
.;2Q]Ce
6 7
10 11
12 13
VP Law and General Counsel BNSF Railway Co. 2500 Lou Menk Drive Fort Worth, TX 76131
14 15
16 17
18
-19
20
21
22
23
24
25
26
Page 23 - CONSENT JUDGMENT

GENR3322
DeparanentofJusnce
1515 SW Fifih Ave, Suite 410
.'
I;'
Portland, OR 97201 (503) 229-5725
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 30 of 41
-'
Page ID#: 474
1 2 3
4
CHEVRON U.S.A. INC., a Pennsylvania corporation
By:
Date;~
I-\SE.istcnt Secretary
Agent Authorized to Accept Service on Behalf of Above-Signed Party: Corporation Service Company 285 Liberty NE, Ste 370 Salem, OR 97301
5 6 7 8 9 10 11 12 13 14 15
16
I
17 18 19
20
21
22
23 24 25 26

GENR3322
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 9720 l
(I
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 31 of 41
Page ID#: 475
CITY OF PORTLAND
2
3 4 5
By:
Sam Adams, City Commissioner 1120 SW Fifth Avenue Suite 1000 Portland, OR 97204
/162#
Date:
6
7
-->
Agent Authorized to Accept Service on Behalf of Above-Signed Party:
TlndaMeng
City Attorney City of Portland 1221 SvV4th Ave, Room 430
Portland, OR 97204
)1
9
10 11 12 13 14 15 16 17 18 19
20
21
22
23 24 25 26
Department of J usnce 1515 SW Fifth Ave, Suite 410

Portland, OR 97201 (503) 229-5,725
Case 3:11-cv-01493-ST
Document 1-6
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Page 32 of 41
Page ID#: 476
CONOCOPHILLIPS
COlvl:PANY
2 3
4 5 6 7 Agent Authorized to Accept Service on Behalf of Above-Signed Party:
By:
William A. Kitchen Manager, Risk Management and Remediation
LtJA1to~ G\.-\2J.Ju.
Date:
OCf/~5/cI.,o
1
8
9
CORfbR.A-1~a~.<;;.tse\J1 (
compAf-JY
iSS LI1:.12-l'( '5TRU::T

SAG6 M,
t-.JE.
i
10
11
oR Qi--30/
lWtf112-tDN CD.)
12
13 14
15
16
I
17 18 19
20
21
22
23 2425
26
(I

GENR3322
'.
Department of Justice 1515 SW FiftbAve, Suite 410 Portland, OR 97201 (503) 229-5725
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 33 of 41
Page ID#: 477
GUNDERSON LLC 2 3 .4 5 6 7
By:
#w~t.J!I. V~
Howard Werth CFO Gunderson LLC 4350 NW Front Avenue Portland, OR 97210
Date:
9 10 11
Ken Stephens Tonkon Torp, LLP

888 SW 5th Ave
Portland, OR 97204-'2012
12 13
14
15 16 17 18
19
20
21
22
23
24
25 26
of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 (503) 229.5725
Department
.'
~' I
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 34 of 41
Page ID#: 478
KINDER MORGAN LIQUIDS TERMINALS, LLC

2 3
Date:
4 5
6 7 8
9
Agent Authorized to Accept Service on Behalf of Above~Signed Party:
10
KINDER MORGAN BULK TERMINALS, INC

/
11
12
By:
Date:
13
14
15 16 . 17
18
19 20 21 22
23
24 25 26
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 (503) 229-5725
(I
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 35 of 41
Page ID#: 479
1
2
KINDER MORGAN LIQUIDS TERMINALS, LLC
3
4
By:
-------'-------------
Date:
----~---
5
6
7
8
9
10 11 12 13
14
KINDER MORGAN BULK TERMINALS, INC

}I
By:
Date:~.
1-'2.\ ~
15 16 17 18 19
20 21 22
23 24
25
26 Exhibit F Page 35 of 41
Page
28 - CONSENT JUDGMENT GENR3322
Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 (503) 229-5725
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 36 of 41
Page ID#: 480
1 2 3 4 5 6 7
NWNATURAL
By:
Sandra K. Hart NWNatura1 Portland, OR
,ktL- <-
iJu-;t
Date:
Cj -
I '6'-- ,,"
220 NW 2nd Avenue
97209
8'
9
10 11 12
13 14
C.J.
Rue
I I
NW Natural 220 NW 2nd Ave. Portland, OR 97209
15 16
17
I I
18
19
20
21
22
23
24
25 26

(503) 229-5725
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 37 of 41
Page ID#: 481
OREGON STEEL MILLS, INC.
: 4
5
By:
)pp~
Date:
L.Ray Adams. V'I u.. ~res)chn.\-- - r','i'\c..nc.e. o.no. Oregon Steel Mills, Inc. 14400 N. Rivergate Blvd. Portland, OR 97208
c..~.o.
6 7
Agent Authorized to Accept Service on Behalf of Above-~i~~~ ~~:
8
9 Loren R. Dunn Riddell Williams 1001 Fourth Avenue Plaza
10
11
Suite 4500
Seattle, WA 98145-1065'
12 13
14
15 16 17 18
19
20
-21
22
23
24
25 26
1515 SW Fifth Ave, Suite 410

Portland, OR 97201 (503) 229-5725
::
Case 3:11-cv-01493-ST
-I
Document 1-6
Filed 12/09/11
Page 38 of 41
.J
Page ID#: 482
PORT OF PORTLAND
: 4 5 6 7
BY~~" 80YBill Wyatt E xecutlve "D" lrector Port of Portland 121 NWEverett Portland, OR 97208
<JLJ--
Date:J-s:-
S~
1- .Lo 06
Agent Authorized
to Accept Service on Behalf of Above-Signed
Party:
8
9 10 11
Carla Kelley General Counsel Port of Portland 121 NW Everett P.O. Box 3529 Portland, OR 97208
J J
12
13 14 15
16
17 18 19 20 21
, ,
22 23
24
25
26 Exhibit F Page 38 of 41
Department of Justice 1515 SW Fi ftl1 Ave, Suile 410 Portland, OR 97201 (503) 229-5725

GENR3322
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 39 of 41
Page ID#: 483
SILTRONIC CORPORATION
:By:~&L
4 5 6 7 8 9
i'ki1NeISOIlCE6
..
Date:.
~;/8jo6
Siltrornc Corporation 7200 NW Front Avenue Portland, OR
Agent Authorized to Accept Service on Behalf of Above-Signed Party: ... _ ..... - - ._ .. - - ~._._---- - .. -_ ...
'" ""
10
11
Alan Gladstone AttOn,iey Davis Roth.well Earle & Xochihua, P.C. 1300 S.W. Fifth Avenue, Suite 1900 Portland, Oregon 97201
12
13
14 15
16 17
18 19 20
21
22
23 24 25
26
DepartTTient of Justice
ISIS SW l'ifthAve, Suite410
r
Portland, OR 97201 (503),229-5725
Case 3:11-cv-01493-ST
Document 1-6
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Page 40 of 41
Page ID#: 484
1
2
TIME OIL CO.

By:
3 4
;VI,
H.Rog
President
//
5 6 7
8 9 Agent Authorized Patty J:)ost to Accept Service on Behalf of Above-Signed Party:
Att.Qmey
.__.
10
11 12 13 14 15 16 17 18
Schwabe, Williamson & Wy'att 1211 S.W. Fifth Avenue Suite 1900 . Portland, OR 91204
J J
, ,
19
20 21
22
23 24 25
26

GENR3322
1515 SW Fifth. Ave; Suite 410
.Portland, OR 97201
(503) 229-5725
Case 3:11-cv-01493-ST
Document 1-6
Filed 12/09/11
Page 41 of 41
Page ID#: 485
1 2 3 4 5
6
UNIONPACIFIC RAILROAD CO:MP ANY
Date:
Environmental ompany Counsel
7 8 9 10 11 12 13 14

Robert C. Bylsma Attorney Union Pacific Railroad 10031 Foothills Blvd., Roseville, CA 95747
Company Law Department Suite 200 "
15
16
17 18 19 20 21 22 23 24 25
26
(;,1

GENR3322
Department of Justice iSIS SW Fifth Ave, Suite 410 Portland. OR 97201

(503) 229.5725
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 1 of 16
Page ID#: 486
ORIGINAL
AGREEMENT TO FUND INTERIM PARTICIPATION IN NATURAL RESOURCE INJURY ASSESSMENT
This Agreement to Fund Interim Participation in Natural Resource Injury Assessment ("Agreement") is entered into by and between Nationwide Indemnity Company and Employers Insurance ?f Wausau, f/k/a Employers Insurance of Wausau, A Mutual Company, and their officers, dIrectors, agents, employees, representatives and parent, subsidiary or successor corporations, assigns, future acquired entities or affiliated companies (hereinafter collectively referred to as "Nationwide/Wausau") and Siltronic Corporation, a Delaware corporation formerly known as Wacker Siltronic Corporation, and its officers, directors, agents, employees, representatives and parent, subsidiary or successor corporations, assigns, future acquired entities or affiliated companies (hereinafter collectively referred to as "Siltronic") as of the latest date of execution by all signatories set forth below. Nationwide/Wausau and Siltronic may be referred to, below, as the "Parties". _. RECITALS A. Nationwide/Wausau issued and provides to Siltronic comprehensive general liability insurance coverage pursuant to the Policies described in Section 2 of the Agreement, below. B. During the terms of the Policies and presently, Siltronic has owned and conducted operations on property located at 7200 NW Front Avenue in Portland, Oregon (hereinafter referred to as the "Site"). For purposes of this Agreement, the Site includes Siltronic's business facility and structures, above and below the ground, located at the above address. C. The Oregon Department of Environmental Quality ("DEQ") and the United States Environmental Protection Agency ("EPA") have, and each of them, declared that SiItronic is potentially responsible under various federal and states laws for environmental contamination alleged to exist on and emanate from the Site which contamination, they assert, has caused pollution of public waters and other lands adjacent to the Site. As a result, the DEQ has, among other things, ordered Siltronic to investigate whether such contamination exists on or adjacent to the Site, to determine the scope and extent of such contamination, and to propose and implement methods of removing, controlling and/or monitoring such contamination. D. In response to the DEQ and EPA declarations and DEQ's order, Siltronic tendered a claim to Nationwide/Wausau under the Policies demanding, among other things, that Nationwide/Wausau fund the ordered investigation and necessary remediation of the Site under the joint supervision of the DEQ and the EPA. E. In response to Siltronic's tender, Nationwide/Wausau agreed to defend Siltronic and to fund the ordered investigation of alleged environmental contamination, subject to a reservation of whatever right Nationwide/Wausau may have to deny coverage under the Policies for the costs of remediating the Site or for other liability incurred by or imposed against Siltronic arising from alleged environmental contamination relating to Siltronic's ownership of or operations at the Site. Page 1 - AGREEMENT TO FUND INTERIM PARTICIPATION IN NATURAL RESOURCE Exhibit G INJURY ASSESSMENT Page 1 of 16
46-154-33224 1355585.doclced/5/22/2008
Case 3:11-cv-01493-ST
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Page ID#: 487
F. The Portland Harbor Natural Resource Trustee Council (NRT) has subsequently declared that Siltronic is potentially responsible under the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42, U.S.C. S 9601 et seq. (CERCLA) for damages for injury to, destruction of, or loss of natural resources including the reasonable costs of assessing the same. As a result, the NR T has, among other things, notified Siltronic of its intent to perform an Injury Assessment, utilizing a phased approach and has requested participation in, and funding of, the assessment of natural resource injuries by Siltronic and other alleged potentially responsible parties (PRPs). G. Notwithstanding Nationwide/Wausau's reservation described in Recital E, above, Siltronic demands herein that Nationwide/Wausau fund payment of Siltronic's per capita share of the total interim payment of $500,000 demanded by and due to the NRT pursuant to the terms of the Interim Funding and Participation Agreement (FPA), a copy of which is attached hereto and incorporated herein as Exhibit A, which share totals Twenty Seven Thousand Seven Hundred Seventy Seven and 78/100 Dollars US ($27,777.78) (hereinafter referred to as "Siltronic's Share"). H. Nationwide/Wausau acknowledges herein Siltronic's demand in Recital G, above, but continues to assert its reservation of rights with respect to Siltronic's coverage claim, as described in Recital E, above. 1. The Parties, and each of them, wish to resolve this dispute without admissions and without waiver of claims, defenses, or reservations otherwise asserted and preserved. NOW, THEREFORE, in reliance on the aforesaid Recitals and in consideration of the mutual agreements contained herein, it is agreed by and between Nationwide/Wausau and Siltronic as follows: AGREEMENT 1. Incorporation of Recitals. The Recitals, above, are incorporated reference as material terms of this Agreement. herein by this
2. Policies. Nationwide/Wausau issued to Siltronic the following Comprehensive Liability Insurance Policies, which are collectively referred to herein as the "Policies:"
General
POLICY
No.
POLICY TERM
232000 039640 2320 00 039640 2321 00039640 2322 00 039640
8/17/78-79 8/17/79-80 1/1/80-81 1/1/81-82
Page 2 - AGREEMENT TO FUND INTERIM PARTICIPA nON IN NATURAL RESOURCE Exhibit G INJURY ASSESSMENT Page 2 of 16
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Page ID#: 488
2323 00 039640 232400039640 2325 00 039640 2326 00 039640
111182-83 111183-84 111184-85 1/1185-86
3. Payment. Nationwide/Wausau agrees to pay Siltronic's Share within seven (7) calendar days of the date of this Agreement. In the event payment of Siltronic's Share becomes unnecessary or subject to refund at any time hereafter, such payment shall be refunded by Siltronic to Nationwide/Wausau. 4. Manner and Timing of Payment. Payment of Siltronic's Share shall be made Nationwide/Wausau by certified or cashier's check(s) payable to the order of Department Interior Natural Resources Damage Assessment and Restoration Fund, and forwarded Siltronic's counsel at the following address no later than seven (7) calendar days following date of this Agreement by Federal Express or overnight delivery to: Christopher L. Reive Jordan Schrader PC Two Centerpointe Drive, 6th Floor Lake Oswego OR 97035 5. Characterization and Allocation of Siltronic's Share. The Parties agree that Nationwide/Wausau's payment of Siltronic's Share hereunder is intended to indemnify Siltronic for Siltronic's liability to NRT for a portion of the natural resource injury assessment costs under CERCLA Section 107. The Parties further agree, for purposes of this Agreement only, that Siltronic's Share constitutes a sum which Siltronic could be held legally obligated to pay as damages because of property damage to which each of the Policies apply, caused by an occurrence. As a result, the Parties further agree that after Nationwide/Wausau's payment of Siltronic's Share, the amount of that payment shall be allocated and applied equally, pro rata, against the policy limits of each of the individual Policies listed in Section 2, above, and the amount of coverage limits remaining available under each Policy shall be reduced therefore. Except as such policy limits are reduced herein, the Policies otherwise remain in full force and effect. 6. Further Agreement. The Parties agree that payment of Siltronic's Share as described herein applies only with respect to, and to the extent of, the amount actually paid hereunder. 7. Reimbursement of Siltronic's Share. judicial determination subsequent to the date Siltronic's actual liability for natural resource amount of Siltronic's Share being funded by reimburse Nationwide/Wausau in the amount of The Parties agree that if, and only if, there is a of this Agreement that the dollar amount of injury assessment costs is less than the dollar Nationwide/Wausau hereunder, Siltronic shall such difference. by of to the
Page 3 - AGREEMENT TO FUND INTERIM PARTICIPATION IN NATURAL RESOURCE Exhibit G INJURY ASSESSMENT Page 3 of 16
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Page 4 of 16
Page ID#: 489
GENERAL PROVISIONS 8. No Admission. This Agreement is a compromise and settlement of disputed claims, and is the product of arm's-length negotiations. It is not and shall not be construed as ail admission by either Party for any purpose and neither Party shall attempt to use it as an admission against either Party for any purpose whatsoever, except solely for purposes of enforcing this Agreement or in response to any allegation of breach of this Agreement. Nothing in this Agreement shall be deemed to constitute a waiver or an estoppel of any right of either Party to assert any claim, right or defense under the Policies. 9. No Prior Agreements. This Agreement prevails over prior communications regarding the matters contained herein between Nationwide/Wausau and Siltronic or their representatives. This Agreement was drafted and/or reviewed by counsel for each and there shall not be a presumption or construction against Siltronic or Nationwide/Wausau, each expressly waiving the doctrine of contra proferentum. 10. Entire Agreement. This Agreement is an integrated agreement and contains the entire agreement regarding the matters set forth herein between Siltronic and Nationwide/Wausau and no representations, warranties, or promises have been made or relied on by Siltronic or Nationwide/Wausau other than as set forth herein. 11. Third Party Beneficiary. This Agreement is intended to confer rights and benefits only on Siltronic and Nationwide/Wausau and is not intended to confer any right or benefit upon any other person or entity. No person or entity other than Siltronic and Nationwide/Wausau shall have any legally enforceable right under this Agreement. All rights of action for any breach of this Agreement are hereby reserved to Siltronic and Nationwide/Wausau. 12. Corporate Authorization. The Parties represent and warrant, each to the other that they have taken all necessary corporate and/or legal actions to obtain approval of the making and performance of this Agreement and that no further corporate or other approval is necessary. The Parties represent and warrant, each to the other, that the making and performance of this Agreement will not violate any provision of law or of their respective articles of incorporation or bylaws. The Parties represent and warrant, each to the other, that they have read this Agreement and know the contents hereof, that the terms hereof are contractual and not by way of recital, and that they have signed this Agreement of their own free act, and that in making this agreement, they have obtained the advice of legal counsel. The Parties further represent and warrant, each to the other, that the signatories executing this Agreement on behalf of Siltronic and Nationwide/Wausau have the requisite authority to do so. 13. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under applicable law, but if any provision of this Agreement shall be invalid or prohibited thereunder, such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or the remaining provisions of this Agreement.
Page 4 - AGREEMENT TO FUND INTERIM PARTICIPATION INJURY ASSESSMENT
IN NATURAL RESOURCE G Exhibit

46454-33224135558Jdoc\ced/5/22/2008
Page 4 of 16
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 5 of 16
Page ID#: 490
14. Successors and Assigns. Each of the terms of this Agreement is binding upon and for the benefit of Siltronic and Nationwide/Wausau, and their respective predecessors, successors, transferees, assigns, representatives, principals, agents, officers, directors and employees. 15. Applicable Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Oregon. 16. Counterparts. This Agreement may be executed in two (2) or more original or facsimile counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. 17. Confidentiality. This Agreement and all matters relating to the terms and negotiation of this Agreement shall be confidential and neither party, nor their representative employees, agents, or attorneys shall disclose such information to any other person without the prior written consent of the other Party, unless such disclosure is required by operation of law. In the event that a Party believes disclosure is required by operation of law, it shall give at least thirty days prior written notice to the other Party prior to disclosing such information; except that such prior notice must be given within seventy-two hours of receipt of the request for disclosure if the time for making the disclosure is less than thirty days. NA TIONWIDE/W AUSAU: NATIONWIDE INDEMNITY COMPANY, or f itself and as authorized agent of EMPLOYERS INSURANCE OFWAUSAU,F/K! A EMPLOYERS INSURANCE OFWAUSAU,A MUTUAL COMAPNY SILTRONIC: SILTRONIC CORPORATION, Delaware a corporation, formerly known as WACKER SILTRONIC CORPORATION
BY:~&~
C . ophe . Reive Its: Attorne~W'Fact Date: /P'I/fy:2-2~ 7
2..ooJ:
Date:
((pl/ol&(
r/
Page 5 - AGREEMENT TO FUND INTERIM PARTICIPATION IN NATURAL RESOURCE G Exhibit INJURY ASSESSMENT Page 5 of 16
46454-33224 /35558 Jdoclced/5/22/2008
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 6 of 16
Page ID#: 491
INTERIMFUNDINGANDPARTICIPATION AGREEMENT This Interim Funding and Participation Agreement (Interim FPA) is entered into among the National Oceanic and Atmospheric Administration, Department of the Interior, Oregon Department ofFish and Wildlife, Nez Perce Tribe, Confederated Tribes of the Warm Springs Indian Reservation of Oregon, Confederated Tribes of the Umatilla Indian Reservation, Confederated Tribes of Siletz Indians, Confederated Tribes of the Grand Ronde Community of Oregon and Confederated Tribes and Bands of the Yakama Nation (Natural Resources Trustees or NRTs) and the participants whose signatures appear below (the Participants). The purpose of the Interim FPA is to allow the NRTs to proceed with time-critical work while creating space to (a) allow the Participants to recruit additional participants for the Phase I Natural Resources Damage Assessment FPA and (b) allow Participants to gain an understanding as to how the phased approach contemplated by the NRTs will ensure that the Phase I Injury Assessment Plan can be used to limit the scope of Phase II only to those studies necessary to estimate liability for purposes of restoration- based settlement with the participating parties. The parties to this Interim FPA agree as fo llows: 1. The Participants agree to provide $500,000 in NRT funding through September 30, 2008. This would reduce the NRTs' remaining proposed Phase I budget to $1,662,381.00. Payment should be made to the Department of the Interior Natural Resources Damage Assessment and Restoration Fund in accordance with the procedures outlined in Attachment 1. 2. Participants will follow NRTs' schedule (04.06.08 Barquin e-mail) through 04.30.08. The timeline for remaining tasks under this Interim FPA is as follows: Week of 05.12.08: Execute Interim FPA 05.30.08: Fund Interim FPA 06.02.08: PRPs who only became aware of potential liability through the 104(e) letters advise of interest in participating in Phase I FPA Week of 06.09.08: Meeting with NRTs and all potential Participants in Phase I FPA to answer any remaining questions regarding the phased NRDA approach and finalize Phase I FP A terms Week of 07.28.08: Execute Phase I FPA
3. Participants agree to fund this Interim FPA on a per capita basis with no admission of liability or responsibility. As between the Participants, all funding would be on an interim basis and fully re-allocable in subsequent allocation or litigation between or among the Participants. NRTs will agree to credit costs paid under the Interim FPA against the NRD assessment costs, if any, of the Participants and to recognize reallocation of those costs among the participants (e.g. A, who has overpaid its share of assessment costs, receives a refund from B, who has underpaid; B is credited with B's direct payments to NRTs plus the amount of the refund to A).
INTERIM PHASE I FUNDING AND PARTICIPA nON AGREEMENT PORTLAND HARBOR NATURAL RESOURCES DAMAGE ASSESSMENT
-1-
Exhibit G Page 6 of 16
EXHIBIT
AI
PAGE
OF
1=-:
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 7 of 16
Page ID#: 492
4. This Interim FPA expires September 30, 2008. Any Interim FPA Participant may discontinue participation at this point. No Participant is obligated to enter into the Phase I FP A. No refund will be given to those participants who decline to participate in the Phase I FPA. 5. The Trustees will provide an accounting of their expenses under this Interim FPA at the conclusion of the Phase I FPA, as may be further provided in the Phase I FPA. Ifno Phase I FPA is executed, the Trustees will provide an accounting of their expenses under the Interim FPA within 90 days of termination of the Interim FPA. Due to differences among Trustee accounting procedures, the form of the accounting may differ among Trustees. Unless otherwise provided in the Phase I FPA, the accounting shall consist of a spreadsheet summarizing labor (hours and rates), travel costs, equipment costs, contractors' costs and miscellaneous expenses (e.g. supplies, overnight mail). 6. The Trustees shall provide the Participants with information and data collected in any studies funded under this Interim FP A and with reports of any such studies. 7. Allocation of costs under the Phase I FPA will be discussed and determined by the group of PRPs who ultimately fund that effort, including the larger group of participants identified on June 2. 8. Interim FPA payments shall be credited in the allocation of Phase I FPA costs. 9. Nothing in this Agreement shall be construed as obligating the Trustees, their officers, agents or employees, to expend any funds in excess of appropriations authorized by law. 10. It is recognized that each party to this Agreement reserves all rights, powers and remedies. It is further recognized that except as provided in this Agreement, nothing in this Agreement is intended nor shall be construed as a waiver by any party of any rights, defenses, privilege or affirmative claims in any proceeding related to natural resource liability arising from the release of hazardous substances at the Portland Harbor site. Nothing in this Agreement is or shall be construed to be a waiver of the sovereign immunity by any of the Trustees. The undersigned representative of each party certifies that he or she is fully authorized by the party whom he or she represents to enter into this Interim FPA and to bind that party to it. NATURAL RESOURCES TRUSTEES: Administration _
National Oceanic and Atmospheric By: Date: -----------
INTERIM PHASE I FUNDING AND PARTICIPATION AGREEMENT PORTLAND HARBOR NATURAL RESOURCES DAMAGE ASSESSMENT -2-
PAGE
EXHIBIT
-?---O-F-=t--
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 8 of 16
Page ID#: 493
Department of the Interior By:
-------------------------------
Date:
Oregon Department of Fish and Wildlife By:
-------------------------------
Date:
Nez Perce Tribe By:
----------------------
Date:
Confederated Tribes of the Warm Springs Indian Reservation of Oregon By: Date: _
Confederated Tribes of the Umatilla Indian Reservation By: Date: _
Confederated Tribes of Siletz Indians By: Date: _
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 9 of 16
Page ID#: 494
Confederated Tribes of the Grand Ronde Community of Oregon By: ---------------------Date:
Confederated Tribes and Bands of the Yakama Nation By: --------------------
Date:
THE PARTICIPANTS Air Liguide America L.P.
By:
-------------'---------------
Date:
Bayer Crop Science Inc. By: Date: _
BNSF Railway Company
By:
Date: _
EXHIBIT rAG E --!t-......L-O-F
A: -?-
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 10 of 16
Page ID#: 495
Calbag Metals Co By:
---------------------
Date: ----------
Evraz Oregon Steel Mills, Inc. By:
---------------------
Date:
Gould Electronics Inc. By:

---------------------
Date:
Gunderson LLC By: --------------------Date:
Legacy Site Services LLC, agent for Arkema Inc. By: Date: ---------_
NW Natural By: Date: _ _
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 11 of 16
Page ID#: 496
Port of Portland By:
--------------------_
Date:
Portland General Electric Company By:
---------------------
Date:
Portland Terminal Railroad Company By:
--------------------_
Date:
Schnitzer Investment Corp. By:
---------------------
Date:
Schnitzer Steel Industries, Inc. By:
---------------------
Date:
EXWBlT
PAGE Co ---O-F-7:--
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 12 of 16
Page ID#: 497
TOC Holdings Co. By:
--------------------
Date:
Union Pacific Railroad Company By: Date: _
---------
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 13 of 16
Page ID#: 498
Department of the Interior Natural Resource Damage Assessment and Restoration Fund Assessment and Settlement Deposit Remittance Procedures
The Department of Interior's National Business Center (NBC) has established procedures with the Department of Treasury to provide two electronic options for remitting payments to the Natural Resource Damage Assessment and Restoration Fund. Procedures for using these processes are attached. The preferred electronic method is the Department of Treasury's Automated Clearing House (ACH)lRemittance Express. If your bank does not have ACH deposit transmission capabilities, then Treasury's Federal Wire (Fed Wire) Transfer procedure is the required alternative. Use the attached forms to assist in preparing your remittance. All remitters are encouraged to use these electronic methods. Nonelectronic remittances (checks) are acceptable as well, and should be payable to the Department of Interior and forwarded to: DOl Restoration Fund NBC Division of Financial Management Services Branch of Accounting Operations Attn: Collection Officer Mail Stop D-2770 7401 West Mansfield Ave. Lakewood, CO 80235 Please reference '"NRDA 14X5198" and the site name on check or transmittal letter
Attachment I-I Exhibit G Page 13 of 16

Revised May 2008
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 14 of 16
Page ID#: 499
Department of the Interior Natural Resource Damage Assessment and Restoration Fund Assessment and Settlement Deposit Remittance Procedures In order to accomplish electronic transfers, in addition to other settlement or billing information, please provide the following information to the remitter:
Preferred method of electronic transfer: Receiver name:
Automated Clearing House (ACH)
DOl Restoration Fund ALC 14010001 53-0196949 7401 West Mansfield Ave. Mailstop D-2770 Lakewood, CO 80235 Federal Reserve Bank New York, NY ABA # 051036706 312024 (See Attachment 1-3)
Receiver Tax ID Number: Receiver address:
Receiver bank:
Receiver ACH Account No.:
Receiver Fedwire Acct No.: Treasury NYC 021030004 (To be used only for Fedwire transfers) (See Attachment 1-4) Payment Related Data: Should at a minimum reference site location
Attachments 1-3 and 1-4 provide more technical specifics which can be provided to the remitter's banking institution. Questions concerning electronic deposit procedures should be directed to Rebecca Gupta at (303) 969-5416.
Attachment 1-2
Revised June 2004
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 15 of 16
Page ID#: 500
Department of the Interior Natural Resource Damage Assessment and Restoration Fund Assessment and Settlement Deposit Remittance Procedures
Th~ followi.ng .information is provided to assist Remitters in giving complete and accurate data to ~heir financIal Institution for use in originating Automated Clearing House payments. The mdustry name for the following format is CCD+. ACH CCD+ Format lData Element Name Contents Size I 2 8 I 17 12 13 22 2 I 15 Position 01-01 02-03 04-11 12-12 13-29 30-41 42-54 22-76 77-78 79-79 80-94
Record Type Code Transaction Code Receiving ABA Check Digit 4ccount Number
'6' '22' '05103670' '6' '312024'
Payment Amount
dentification #
Receiver Name
Discretionary
DOl Restoration Fund

N/A
Addenda Indicator
Trace Number
'2'
Assigned by Remitters Bank
ACH Addenda Data Element
Record Format Name Contents Size 1 2 Position 01-01 02-03
Record Tvoe Code Addenda Type Code

Payment Related
'7'
'05' '0001'
Assigned by Remitters Bank
80
4 17
04-83
84-87 88-94
Sequence Number
Addenda Trace
The data items in bold must be provided to the bank by the Remitter. Those items bolded and italicized must be provided verbatim. The Payment Amount is the judgement or settlement amount being remitted; dollars and cents must be separated by a decimal point, do not use commas or any other punctuation. The Identification Number is the case Court Number. The Payment Related data should include the paying potentially responsible party(ies) name, site or case name and site location. Attachment 1-3 Exhibit G Page 15 of 16
Revised June 2004
Case 3:11-cv-01493-ST
Document 1-7
Filed 12/09/11
Page 16 of 16
Page ID#: 501
Department of the Interior Natural Resource Damage Assessment and Restoration Fund Assessment and Settlement Deposit Remittance Procedures Federal Wire (FedWire) Transfer
The following information is provided to assist Remitters in giving complete and accurate data to their financial institution for use in originating FedWire payments (in the event ACH is not available). The industry name for the following format is FedWire Transfer Format.
Required Fields and Tags Field Tag Name Field Tag Number
(1100) (111 0) (1120) (1520)
Field Tag Contents
Message Disposition Acceptance Time Stamp OMAD IMAD
Assigned Assigned Assigned Assigned
by by by by
Federal Reserve Bank Federal Reserve Bank Federal Reserve Bank Remitters Bank
Amount
Sender FI Sender Reference
(2000)
(3100) (3320) Assigned by Remitters Bank Assigned by Remitters Bank
Receiver FI Beneficiary
(3400) (4200)
'Treasury NYC 021030004' 'DOl Restoration Fund ALC 14010001'
Ref for Beneficiary Originator

Originator Financial Institution
(4320) (5000)
(5100) Assigned by Remitters Bank
Orig to Beneficiary
(6000)
The data items in bold must be provided to the bank by the Remitter. Those bolded and italicized must be provided verbatim. The Amount is the judgement or settlement amount being remitted; dollars and cents must be separated by a decimal point, do not use commas or any other punctuation. The Reference for Beneficiary is the case Court Number. Originator is the paying potentially responsible party(ies). Originator to Beneficiary should include the site or case name and site location.
Attachment 1-4 Exhibit G Page 16 of 16
Revised June 2004
Case 3:11-cv-01493-ST
%JS44 (Rev. 12/07)
Document 1-8
Filed 12/09/11
Page 1 of 2
Page ID#: 502
CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplementthe filing and service ofpleadings or other papers as required bylaw, except as provided Jourt bylocal rules ofcourt. This form, approved bythe Judicial Conference ofthe United States inSeptember 1974, isrequired for the use ofthe Clerk ofCo forthe purpose ofinitiating
the Civil docket Sheet (SEE INSTRUCTIONSON THE REVERSE OFTHE FORM.)
I. (a) PLAINTIFFS
Sittronic Corporation, Inc.
Employers Insurance Compan^fWrfusyufGraniTeSrate

Insurance Company; Century Indemnity Company; and
County of Residence of FirstListed Defendant ___^^_^^__^^_
(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(b) County ofResidence ofFirst Listed Plaintiff Multnomah

(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorney's (Firm Name, Address, and Telephone Number)
Attorneys(IfKngfJ *| "| - 1 4 9 3
See Attachment
(ForDiversity CasesOnly)
PTF DEF
ST
andOneBox forDefendant)
PTF DEF
Jordan Ramis PC, Two Centerpointe Drive 6th Fir, Lake Oswego,
II. BASIS OF JURISDICTION
0 1 U.S. Government Plaintiff
(Place an "X"inOne Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an"X"inOne Boxfor Plaintiff

CitizenofThis State Kl D 1 Incorporated or Principal Place
of Business In This State
O 3 Federal Question (U.S. Government Not a Party)
O 4
0 4
O 2
U.S. Government
H 4
Diversity
Citizenof AnotherState Citizenor Subject of a

Foreixn Country
3 2 0 3
TB 2 O 3
Incorporated am/Principal Place

ofBusiness In Another State
0 5 O 6
DefenQam
(Indicate Citizenship ofParties in Item III)
Foreign Nation
O 6
r^NATUREOFSUI rfPlaceanTCJ^OneBo)^^
H 110 Insurance
0 0 120 Marine 130 Miller Act
PERSONAL INJURY PERSONAL INJURY
O O
0 140 Negotiable Instrument O 150 Recovery ofOverpayment O & EnforcementofJudgment O O 151 Medicare Act 152 Recovery of Defaulted
Student Loans O
310 Airplane 315 AirplaneProduct Liability

320 Assault, Libel &
Slander
362 PersonalInjury Med. Malpractice D 365 PersonalInjury Product Liability

368 Asbestos Personal
O 610 Agriculture O 620 Other Food & Drug O 625 Drug Related Seizure ofProperty21USC881 O 630 Liquor Laws
O 640 R.R.& Truck
O 422 Appeal 28 USC 158

O 423 Withdrawal 28 USC 157
O 820 Copyrights
O 830 Patent O 840 Trademark
a a 0 o 0 0 o o o o
a
400 State Reapportionment

410 Antitrust
430 Banks and Banking

450 Commerce
460 Deportation
470 Racketeer Influenced and
330 FederalEmployers' Liability

340 Marine
O 650 Airline Regs. O 660 Occupational Safety/Health PERSONAL PROPERTY
Injury Product Liability
CorruptOrganizations
480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/
O (Excl. Veterans) O 153 Recovery ofOverpayment ofVeteran's Benefits O 160 Stockholders' Suits O 190 Other Contract O 196 Franchise O 210 Land Condemnation
O 220 Foreclosure O O
345 Marine Product
370 Omer Fraud
O 690 Other
Liability
350 Motor Vehicle
371 Truth in Lending

380 Other Personal
O 710 Fair Labor Standards

Act
355 Motor Vehicle
Product Liability
360 Omer Personal
O 195ContractProduct Liability
Property Damage 385 Property Damage Product Liability
O 720 Labor/Mgmt Relations O 730 Labor/MgmtReporting

& Disclosure Act
O 861HIA(1395ff) O 862 Black Lung (923) O 863 DIWC/DIWW (405(g))

O 864 SSID Title XVI
Exchange 875 Customer Challenge

12 USC 3410
Injury
O 865 RSI (405(g))
a a
0 o o o
890 Other Statutory Actions 891 Agricultural Acts

893 Environmental Matters
O 230 Rent Lease & Ejectment

240 Torts to Land
O 441 Voting O 442 Employment O 443 Housing/

O O O Accommodations 444Welrare 445 Amer. w/Disabilities -
510 Motions to Vacate Sentence
Habeas Corpus:
3 3 530 General 540 Mandamus & Other
O 740 Railway Labor Act O 790 Other Labor Litigation O 791 Empl. Ret. Inc. Security Act
O 870 Taxes (U.S. Plaintiff or Defendant) O 871 IRSThird Party

26 USC 7609
894 Energy Allocation Act

895 Freedom of Information
Act
245 Tort Product Liability O 290 All Omer Real Property
O 535 Death Penalty

O
900Appeal ofFee Determination

Under Equal Access
to Justice
Employment
446 Amer. w/Disabilities Other
550 Civil Rights

555 Prison Condition
O 462 Naturalization Application O 463 Habeas CorpusAlien Detainee Actions '
950 Constitutionality of
State Statutes
O 465 Other Immigration
440 Omer Civil Rights
V. ORIGIN
Si Original Proceeding
(Place an "X" inOne Box Only)

O 2 Removed from State Court O 3
\ppellate Court
Remanded from
O 4 Reinstated or 5 I^*H?l.?m O 6 Multidisrn ct
P, -
Reopened
(sraffvf
Litigation
'
Appeal to District Judge from
Magistrate
Judement
^TJM,^!
VII. REQUESTED IN
COMPLAINT:
Mte underwhichyou arefiling (Do not cite jurisdictional statutes unless diversity):
vi. Cause 0*'ACTION Brief description of cause:
Declaratory JuO gment and Breach ot Contract DEMANDS CHECK IF THIS IS A CLASS ACTION
UNDERF.RC.P. 23
CHECK YES only ifdemanded in complaint:
1,325,869.80
JURY DEMAND:
DOCKET NUMBER
tf Yes
O No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE
SIGNATURE OF ATTORNEY OF RECORD
DATE
FOR OFFICE USE ONLY
RECEIPT #
AMOU NT
APPLYING IFP
JUDGE
MAG. JUI X3E
Case 3:11-cv-01493-ST
Document 1-8
Filed 12/09/11
Page 2 of 2
Page ID#: 503
CIVIL COVER SHEET Attachment
Defendants' attorneys
Bryan M. Barber
Barber Law Group
101 California StSte 810 San Francisco CA 94111-5802
(415)273-2930 For Employers InsuranceCompany ofWausau
David Campagne
Sinnott, Dito, Moura & Puebla 555 Montgomery St Ste 720
SanFrancisco CA 94111
(415)352-6200 For Granite State Insurance Company

Steven Soha
Soha&LangPS
1325 4th Ave Ste 2000 Seattle WA 98101-2570
(206)624-1800 For Century Indemnity Company
Mark W. Peck Wilson & Ellin 500 N Brand Blvd Ste 900 GlendaleCA 91203
(818)547-6541 For Fireman's Fund Insurance Company
Case 3:11-cv-01493-ST
."
Document 1-9
Filed 12/09/11
Page 1 of 8
Page ID#: 504
.... 'i.
AD 440 (Rev. 12/09) Swnmons in a Civil Action
UNITED STATES DISTRICT COURT

for the District of Oregon SILTRONIC CORPORATION, a Delaware corporation
Plaintiff
v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, a Wisconsin corporation, et al.

Defendant
) ) ) ) ) ) )
Civil Action No. CR 11-1493-ST
SUMMONS IN A CIVIL ACTION

To: (Defondant's name and address) Employers Insurance Company of Wausau Corporation Service Company, Registered Agent 285 Liberty Street NE Salem OR 97301
A lawsuit has been filed against you. Within.21 days after service of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee ofthe United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Christopher L. Reive Jordan Ramis PC Two Centerpointe Drive, 6th Floor Lake Oswsego OR 97035
Ifyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
MARY L. MORAN
CLERK OF COURT
Date: _ _ D_E_C_1_2~2_01_1_
MATT KENNEY
Signature ofClerk or Deputy Clerk
Case 3:11-cv-01493-ST
Document 1-9
Filed 12/09/11
Page 2 of 8
Page ID#: 505
AO 440 (Rev. 12/09) Swnmons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R.. Civ. P. 4 (I))
This summons for (name of individual and lit/e, if any)

was received by me on (dale)
o .I personally served the summons on the individual at (place)

-----------------------------------------------
------------------------------------on (dale)
---------------
; or
I left the summons at the individual's residence or usual place of abode with (name)
--------~---------
-------------------------------on (date)
---------------
, a person of suitable age and discretion who resides there,
, and mailed a copy to the individual's last known address; or , who is

--------------------~--~--------------
I served the summons on (name ofindividual)
designated by law to accept service of process on behalf of (name oforganization) on (date)

----~--------------------~-------------------
---------------
; or ; or
I returned the summons unexecuted because Other (specify) :
-----------------------------------------
My fees are $
-----------
for travel and $
-----------
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
Case 3:11-cv-01493-ST
Document 1-9
Filed 12/09/11
Page 3 of 8
Page ID#: 506
AD 440 (Rev. 12/09) Summons in a Civil Action

for the
District of Oregon SILTRONIC CORPORATION, a Delaware corporation

Plaintiff
v. EMPLOYE:RS INSURANCE COMPANY OF WAUSAU, a Wisconsin corporation, et al.

Defendant
) ) ) ) ) ) )
. SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Granite State Insurance Company Corporation Service Company, Registered Agent 285 Liberty Street NE Salem OR 97301
A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) -'--you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: .Christopher L. Reive Jordan Ramis PC Two Centerpointe Drive, 6th Floor Lake Oswsego OR 97035
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
MARY L. MORAN
CLERK OF COURT
Date: _-----""'O-...EC""--------'.1---"2...............O~11,-----2
MATT KENNEY
. ,"
Case 3:11-cv-01493-ST
Document 1-9
Filed 12/09/11
Page 4 of 8
Page ID#: 507
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (I))
This summons for (name ofindividual and title, if any) was received by me on (date)
on (date)
--------------------------------------------~
; or
on (date)
, who is
designated by law to accept service of process on behalf of (name oforganization) on (date)

----------------------~-----------------------
---------------
; or ; or
o o
I returned the summons unexecuted because

------------------------------------~---
Other (specify):
My fees are $
for travel and $
0.00
I de.clare under penalty of perjury that this information is true.
Date:
Server 's signature
Server's address
Case 3:11-cv-01493-ST
Document 1-9
Filed 12/09/11
Page 5 of 8
Page ID#: 508
AO 440 (Rev. 12/09) Summons in a Civil Action

for the
District of Oregon
SILTRONIC CORPORATION, a Delaware corporation
Plaintiff
v.
EMPLOYERS INSURANCE COMPANY OF WAUSAU, a Wisconsin corporation, etal.
Defendant
) ) ) ) ) ) )

To: (Defendant's name and address) Century Indemnity Company Corporation Service Company, Registered Agent 285 Liberty Street NE Salem OR 97301
A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Christopher L. Reive Jordan Ramis PC Two Centerpointe Drive, 6th Floor Lake Oswsego OR 97035
MARY l. MORAN
CLERK OF COURT
Date:
DEC 1 2 2011
-------------------
MATTKENN!Y
Signature afClerk ar Deputy Clerk
Case 3:11-cv-01493-ST
Document 1-9
Filed 12/09/11
Page 6 of 8
Page ID#: 509
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No. CR 11-1493-8T PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (I)) This summons for (name ofindividual and title, if any) was received by me oil (date)
o I personally served the summons on the individual at (place)

~---------------------------------------------
------------------------------------on (date)
-----------------
; or
I left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there,
---------------------------------on (date)
-----------
, and mailed a copy to the individual's last known address; or
------- --------------------------on (date)

-----------
, who is
designated by law to accept service of process on behalf of (name oforganization)
-----------------------------------------
; or ; or
o o

-----~-------------------------------
Other (specify):
My fees are $
-----------
for travel and $
-----------
0.00
Date:
Server's signature
Server's address
Case 3:11-cv-01493-ST
Document 1-9
Filed 12/09/11
Page 7 of 8
Page ID#: 510
AO 440 (Rev. 12/09) Summons in a Civil Action
UNITED STATES DISTRlCT COURT

for the
District of Oregon SILTRONIC CORPORATION , a Delaware corporation
Plaintiff
v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, a Wisconsin corporation, et al.

Defendant
) ) ) ) ) ) )

To: (Defendant's name and address) Fireman's Fund Insurance Company CT Corporation System, Registered Agent 388 State St Ste 420 Salem OR 97301
A lawsuit has been filed against you. Within 21 days after service of this summonS on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Christopher L. Reive Jordan Ramis PC Two Centerpointe Drive, 6th Floor Lake Oswsego OR 97035
MARY L. MORAN
CLERK OF COURT
Date:
-~~-------------
DEC 1 2 2011
MATT KENNEY
Case 3:11-cv-01493-ST
Document 1-9
Filed 12/09/11
Page 8 of 8
Page ID#: 511
AD 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed.. R. Civ. P. 4 (I))
This summons for (name of individual and tille, if any)

was received by me on (date)
I personally served the summons on the individual at (place)
--------~----------~---------------
on (date)
--------------~-------------------------------
; or
---------------
o I left the summons at the individual's residence or usual place of abode with (name)
----~--------------------~-----
-------------------
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual's last known address; or

----------------------------------------
, who is
; or
o o
; or
Other (specify):
My fees are $
for travel and $
0.00
Date:
Server's signature
Server's address

SILTRONIC CORPORATION v. EMPLOYERS INSURANCE COMPANY OF WAUSAU Et Al Complaint

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SILTRONIC CORPORATION v. EMPLOYERS INSURANCE COMPANY OF WAUSAU Et Al Complaint

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Case 3:11-cv-01493-ST

Christopher L. Reive, OSB # 833058 E-mail: chris.reive@jordanramis.com

Two Centerpointe Dr 6th Fir

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

SILTRONIC CORPORATION, a Delaware corporation,

Declaratory Judgment and Breach

EMPLOYERS INSURANCE COMPANY OF

JURY TRIAL DEMANDED

Company, as successor to CCI Insurance Company, as successor to Insurance Company of North

46454-38912 260339 3.DOCXWEE/12/8/2011

by third parties, including claims for property damage.

The insurance policies issued to Siltronic by the defendants are as follow:

Type and Amount of Coverage

General Liability -$1

Blanket Excess - $10

46454-38912 260339 3.DOCXMEE/12/8/2011

Blanket Excess - $10

46454-38912 260339 3.DOCXWEE/12/8/2011

The Wausau Policies

including continuous or repeated exposure to conditions, which results in .. . property damage

Umbrella liability policy numbers 6581-8028 (1/1/81 to 1/1/82), 6582-8987 (1/1/82 to

the applicable underlying insurance...."

On December 8, 2000, EPA issued to Siltronic a Notice of Potential Liability ("EPA

46454-38912 260339 3.DOC^MEE/12/8/2011

Duty to Defend and/or Indemnify

Beginning in or about September 2003, Wausau, through its administrator Nationwide,

In September 2009, Wausau's administrator, Nationwide, declared exhaustion of the

alleged above. Chartis further disagrees withNationwide's accounting of certain costs

Siltronic's obligation to fund a portion of the cost of Phase II of that certain

cooperative Natural Resource Damage Assessment ("NRDA") in the amount of

totaling $219,116.53, together with Siltronic's share in the amount of $26,309.87 of

participation in covered remediation activities after tender of its claims in 2003.

(Declaratory Judgment - All Defendants)

Siltronic incorporates paragraphs 1 through 41 above as if fully set forth herein.

WHEREFORE, Siltronic demands judgment in its favor against its insurers:

Requiring Wausau to pay on behalf of Siltronic or reimburse all defense costs

Requiring Granite State to pay on behalf of Siltronic or reimburse all defense

Declaring which of Wausau or Granite State is liable to Siltronic under the

(Breach of Contract - Wausau and Granite State)

Siltronic incorporates paragraphs 1 through 45 as if fully set forth herein.

Awarding Siltronic money damages in an amount to be proved at trial or other

For costs of suit;

Court may deem just and proper.

CHRISTOPHER L. OSB # 853058

-d4 1-").::)7 f.D

THIS POLICY IS NONASSESSABLE .. .....

Employers Mutual Liability Insurance Company of wisconsin

called the company)

Exhibit A Page 1 of 272

Exhibit A Page 2 of 272

Exhibit A Page 3 of 272

Exhibit A Page 4 of 272

Exhibit A Page 5 of 272

039640 and Ad,fress

SUMMARYOF IISURANCE AND ~(M1U"

Exhibit A Page 6 of 272

A -Bodily InjllfY Llabllily

Tot.! AdvalKe Prem,,,:n

iMtll.l\t herlUlldw'kllOWn to ab& II tbe . . mVERACES"

" "" ., oWIattdtDpIi ..

b.- .. , .,.....-~ ~~~~%~

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