TOLLING AGREEMENT

THIS TOLLING AGREEMENT (“Agreement”) is made and entered into by and

between the Parties, with an effective date of December 23, 2017.

I. DEFINITIONS

1. “Acuity” shall mean ACUITY, A Mutual Insurance Company, its members,

subscribers, directors, managers, officers, employees, agents, independent contractors,

2018.

3. “American Fire” shall mean American Fire & Casualty Company, its members,

subscribers, directors, managers, officers, employees, agents, independent contractors,

shareholders, attorneys, representatives, owners, managers, and their respective heirs,

administrators, executors, assigns, successors, affiliates and subsidiaries.

4. “American Fire Policy” shall mean American Fire & Casualty Company’s Policy

No. 50437299, issued to Doug & Steve Construction, Inc. as the named insured, with original

effective dates of coverage of November 15, 2006, to November 16, 2007, and renewed

7. “Larson Danielson” shall mean Larson Danielson Construction Company, Inc., its

members, subscribers, directors, managers, officers, employees, agents, independent contractors,

shareholders, attorneys, representatives, owners, managers, and their respective heirs,

administrators, executors, assigns, successors, affiliates and subsidiaries.

8. “Lawsuit” shall mean a certain legal proceeding styled as “Town of Munster,

Indiana and Munster Municipal Center Corporation, Plaintiffs, vs. Larson Danielson

Construction Company, Inc., Linden Group, Inc., K&S Engineers, Inc., and Illiana Remedial

Action, Inc., Defendants; Larson Danielson Construction Company, Inc., Cross Plaintiff, vs.

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9. “Limitations” shall mean all periods of limitation, whether statutory, contractual,

or otherwise, and all statutes of repose.

10 “Munster” shall mean the Town of Munster, Indiana and the Munster Municipal

Center Corporation, their members, subscribers, directors, managers, officers, employees, agents,

independent contractors, shareholders, attorneys, representatives, owners, managers, and their

respective heirs, administrators, executors, assigns, successors, affiliates and subsidiaries.

11. “Parties” shall mean Acuity, American Fire, Larson Danielson, , Munster, QBE

14. “Hoosier Policy” shall mean Hoosier Insurance Company’s Policy No. CCI

0449143, issued to Illiana Remedial Action, Inc. as the named insured, with effective dates of

coverage of October 1, 2006, to October 1, 2007.

15. “Third-Party Complaint” shall mean “Larson Danielson Construction Company,

Inc.’s First Amended Third Party Complaint” that was filed on or about May 31, 2017, in the

Lawsuit.

16. “Cross-Claim” shall mean “Larson Danielson Construction Company, Inc.’s

administrators, executors, assigns, successors, affiliates and subsidiaries.

18. “West Bend Policy” shall mean West Bend’s Contractors Businessowners Policy

No. BCD 0954856, issued to Illiana Remedial Action, Inc. as the named insured, with original

effective dates of coverage of October 1, 2007, to October 1, 2008, and renewed thereafter on a

yearly basis through October 1, 2018.

II. RECITALS

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3. On or about May 31, 2017, Larson Danielson filed its Third-Party Complaint

against, inter alia, Insurers; and

declaration of the coverage issues under the Policies is avoided at this time.

NOW, THEREFORE, in consideration for the following mutual covenants and

agreements, and other good and valuable consideration, the sufficiency of which is hereby

acknowledged, the Parties agree as follows:

1. Tolling. The Parties agree that any and all periods of limitation, whether

statutory, contractual, or otherwise, and statutes of repose, governing any claim, cause of action,

legal theory, defense, lawsuit or legal or equitable action by and between the Parties arising out

2. Term and Termination. Should any Party desire to terminate this Agreement, that

Party must provide each other Party forty-five (45) calendar days advance written notice, labeled

“Notice of Termination,” sent by certified mail, return receipt requested, addressed to the

following:

If to Acuity: Stephen M. Brandenburg

CAMELI & HOAG, P.C.

Stephen M. Brandenburg

5920 Hohman Avenue

Hammond, IN 46320

DANIEL P. COSTELLO & ASSOCIATES

221 North LaSalle Street, Suite 1300

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If to Munster: Paul L. Jefferson

JEFFERSON & BREWER, LLC

300 North Meridian Street, Suite 220

Indianapolis, IN 46204

If to QBE: Hoosier Insurance Company c/o

If to West Bend: Mark R. Smith

or to such other address designated by any of the Parties in a written notice given in accordance

with this paragraph. This Agreement shall remain in effect for forty-five (45) calendar days after

3. No Revival of Expired Claims or Defenses. This Agreement shall not revive any

cause of action, claim, or defense that, as of the effective date, has already become untimely,

late, or barred by a period of Limitations or any other time-related defense.

benefit of, all of the Parties, and their predecessors, successors and assigns, employees, agents

and representatives, and any persons or entities acting on their behalf.

6. No Admission of Liability or Waiver. Nothing contained in this Agreement shall

be taken or construed to be an admission of any liability, responsibility, fault or wrongdoing by

any of the Parties hereto, or as a waiver of any right except as expressly set forth herein, and

shall not be used in evidence in any action or proceeding for any purpose other than in the

enforcement of the terms hereof.

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By:

Printed

Title/Position

of _______________, personally appeared ________________, a duly authorized representative

of Town of Munster, Indiana, who, first being duly sworn upon his/her oath, acknowledged

execution of this Agreement and verified that the facts stated in this Agreement are true. Signed

and sealed this _____ day of _________________, 2018.

____________________________________

County of Residence: __________________

My Commission Expires:________________

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By:

Printed

Before me the undersigned, a Notary Public in and for the County of __________, State

of _______________, personally appeared ________________, a duly authorized representative

of Munster Municipal Center Corporation, who, first being duly sworn upon his/her oath,

acknowledged execution of this Agreement and verified that the facts stated in this Agreement

are true. Signed and sealed this _____ day of _________________, 2018.

____________________________________

County of Residence: __________________