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http://www.nysd.uscourts.gov/cases/show.php?db=911&id=553

EXHIBIT P – RELEASE AND COVENANT NOT TO SUE

I, the undersigned Releasor (as defined below), am eligible to participate in the settlement

of World Trade Center-related rescue, recovery, debris removal and clean-up litigation which

settlement is known collectively as the World Trade Center Litigation Settlement Process

Agreement, as Amended and Final Settlement Agreement (hereinafter, “Final Settlement

Agreement”).

I am signing this Release and Covenant Not to Sue (hereinafter, “Release”), which is an

exhibit to the Final Settlement Agreement, resolving my claims, and the claims of others. I

understand that this Release incorporates terms defined in the Final Settlement Agreement, and I

have read the Final Settlement Agreement and this Release and discussed each and all of their

respective terms and conditions with my counsel or have had the opportunity to discuss them

with my counsel but elected not to do so.

I understand that the binding terms and conditions of my agreement to settle are set forth

in the Final Settlement Agreement and that certain of those binding terms and conditions are not

repeated in this Release. I hereby represent and warrant that I am signing this Release and

thereby opting into the Final Settlement Agreement, purposefully and intentionally,

understanding that I may or may not be entitled to any payment under the Final Settlement

Agreement or to enroll in the Cancer Insurance Policy (as referenced in the Final Settlement

Agreement) as set forth more fully in the Final Settlement Agreement and the other exhibits

thereto.

In addition, I understand and agree that, in order to become eligible for any payment(s)

under and/or to enroll in the Cancer Insurance Policy under the Final Settlement Agreement, I

am required to release any and all Debris Removal Claims (as defined in the Final Settlement

Agreement) that I and the other Releasing Parties (collectively, “Releasors” as defined below)

had, have, or may have in the future, against the City of New York and the various entities that

contracted with and/or provided services and/or assistance to the City of New York during and in

the aftermath of the terrorist attacks on the World Trade Center on September 11, 2001, with

respect to rescue, recovery, debris removal and clean-up operations at the WTC Site (as defined

in the Final Settlement Agreement) and at other locations.

In consideration for the releases and covenants in this Release, I am electing to opt into

the Allocation Process (as defined in the Final Settlement Agreement), to accept payments, if

any, due to me pursuant to the terms, conditions and limitations of the Final Settlement

Agreement, and to enroll for coverage under the Cancer Insurance Policy, subject to its terms,

conditions and limitations.

I understand that by signing this Release, I am releasing, fully, finally and forever, and as

set forth more fully below, all of my past, present and future Debris Removal Claims (as defined

in the Final Settlement Agreement) against the WTC Captive Insurance Company, Inc.

(hereinafter, “WTC Captive”) and all of the entities listed on Schedule A to this Release

(hereinafter, “Settling Defendants” or, as defined in the Final Settlement Agreement,

“Insureds”), as well as all of my past, present and future claims of any kind against them or any

of them, also as more fully set forth below.

In consideration for the WTC Captive’s and the Settling Defendants’ agreement to

establish the Allocation Process, the expenses being incurred by the WTC Captive on behalf of

the Settling Defendants with respect to the Allocation Process, the WTC Captive’s and the

Settling Defendants’ waiver of defenses (except as reflected in the Allocation Process criteria

themselves) in the context of the Allocation Process and for settlement purposes only, and the

opportunity to submit my claim into the Allocation Process under the terms and conditions of the

Final Settlement Agreement, I hereby give and make the following releases, waivers,

acknowledgements, covenants and agreements for the benefit of the Released Parties.

This Release is also entered into by any Derivative Plaintiff (as more fully defined below)

whose claims correspond to mine and who is eligible for payment, if any, as set forth in the Final

Settlement Agreement and who executes a signature page hereto, in which case the agreement of

such Derivative Plaintiff is incorporated in, and is part of, this Release. By signing this Release,

any such Derivative Plaintiff and I understand and acknowledge that there is no assurance as to

(i) the amount, if any, of payment to be made to either of us under the Allocation Process or (ii)

my eligibility for benefits, if any, under the Cancer Insurance Policy, and these facts shall in no

way affect the validity or effect of this Release.

Releases: On my own behalf and on behalf of each other Releasing Party, as defined

below, and intending to be legally bound, I hereby knowingly and voluntarily release, remise,

acquit and forever discharge the Released Parties and each of them from (i) any and all known

and unknown rights, remedies, actions, claims, demands, causes of action, suits at law or in

equity, verdicts, suits or judgments and Liens (as defined under “Liens and Other Third-Party

Payor Claims,” below), of any kind whatsoever relating in any way to or arising out of my

Debris Removal Claims or any New Debris Removal Claims (as defined in the Final Settlement

Agreement) I may purport to bring, which I or any other Releasing Party may have ever had,

may now have or at any time hereafter may have against the Released Parties or any of them

(hereinafter, “Claims”) and (ii) any and all known and unknown debts, liabilities, obligations,

covenants, promises, contracts, agreements and obligations, of any kind whatsoever (hereinafter,

“Liabilities”), which the Released Parties or any of them may have ever had, may now have or at

any time hereafter may have to me or any other Releasing Party with respect to such Debris

Removal Claims or New Debris Removal Claims. These Claims and Liabilities are the

“Released Claims and Liabilities.”

In addition, on my own behalf and on behalf of each other Releasing Party, and intending

to be legally bound, I hereby knowingly and voluntarily promise and covenant not to sue the

Released Parties or any of them with respect to any known or unknown past, present or future

injury or injuries relating to or arising out of my World Trade Center-related rescue, recovery,

debris removal and/or clean-up work and/or volunteer service on and/or after September 11,

2001, at the WTC Site and/or at any other location, including without limitation for any and all

unknown future injuries relating to, in whole or in part, or unrelated to my current injury or

injuries, if any.

The term “Released Parties” means the WTC Captive and all of the Settling Defendants

listed on Schedule A hereto, and each and all of their respective past, present, and/or future

parents, subsidiaries, divisions, affiliates, joint venturers, predecessors, successors, assigns,

transferees, officers (or the equivalent thereto), directors (or the equivalent thereto), shareholders

(or the equivalent thereto), managers, principals, employees, consultants, advisors, attorneys,

agents, servants, representatives, heirs, trustees, executors, estate administrators and personal

representatives (or the equivalent thereto).

The term “Releasing Parties” means (i) myself and (ii) any and all persons who have or

assert the right to sue the Released Parties or any of them independently, derivatively or

otherwise, by reason of their personal relationship with me, and/or otherwise by, through or

under, or otherwise in relation to, including without limitation my Derivative Plaintiff, if any, my

heirs, beneficiaries, surviving spouse, and the personal representative(s) (or the equivalent

thereto) of my estate, if any.

I acknowledge that I (and/or any other Releasing Party) may in the future learn of

additional and/or different facts as they relate to my World Trade Center-related rescue,

recovery, debris removal and/or clean-up work and/or volunteer service on and/or after

September 11, 2001, at the WTC Site or any other location and/or to any injury I (and/or any

other Releasing Party) have ever claimed, or may at any time in the future claim, relates in any

way to my World Trade Center-related rescue, recovery, debris removal and/or clean-up work

and/or volunteer service on and/or after September 11, 2001, at the WTC Site or any other

location. I understand and acknowledge the significance and consequences of releasing all of the

Released Claims and Liabilities and hereby (on my own behalf and on behalf of each other

Releasing Party) assume full risk and responsibility for any and all such additional and/or

different facts and any and all Released Claims and Liabilities that I (and/or any other Releasing

Party) may hereinafter incur or discover. To the extent that any law, statute, ordinance, rule,

regulation, case or other legal provision or authority (each, a “Law”) may at any time purport to

preserve my and/or any other Releasing Party’s right to hereinafter assert any such unknown

and/or unanticipated Claims and/or Liabilities, I hereby (on my own behalf and on behalf of each

other Releasing Party) specifically and expressly waive (to the fullest extent permitted by

applicable Law) each Releasing Party’s rights under such Law. I further acknowledge having

had an opportunity to obtain advice of counsel of my choice regarding this waiver and having

discussed it with such counsel to my satisfaction or having had the opportunity to discuss it with

such counsel but having elected not to do so.

On my own behalf and on behalf of each other Releasing Party, I acknowledge and agree

that the releases set forth in this Release are irrevocable and unconditional, inure to the benefit of

each Released Party, and are intended to be as broad as can possibly be created.

WITHOUT LIMITING ANY OF THE FOREGOING, THIS RELEASE IS

SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS

ALLEGED, CHARGED OR PROVEN THAT SOME OR ALL OF THE RELEASED CLAIMS

AND LIABILITIES ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE,

NEGLIGENCE PER SE, GROSS NEGLIGENCE, BREACH OF WARRANTY, VIOLATION

OF LAW, DEFECTIVE PRODUCT, MALICE, AND/OR CONDUCT OF ANY TYPE. THIS

RELEASE IS SPECIFICALLY INTENDED TO AND DOES INCLUDE, BUT IS NOT

LIMITED TO, A RELEASE OF, AND COVENANT NOT TO SUE FOR, ANY WRONGFUL

DEATH CLAIM THAT MAY BE BROUGHT AT ANY TIME BY OR ON BEHALF OF ANY

OF THE RELEASING PARTIES IN CONNECTION WITH ANY OF THE FACTS, EVENTS

AND/OR INCIDENTS THAT GAVE RISE TO ANY OF THE RELEASED CLAIMS AND

LIABILITIES.

Attorneys’ Fees; Division of Any Settlement Payment: I understand that the Released

Parties are not responsible for any attorneys’ fees or costs I have paid, incurred or may at any

time incur. I understand that, with respect to any payment that may be made to me pursuant to

the Final Settlement Agreement (hereinafter, a “Settlement Payment”), any division of such

Settlement Payments between me and any Derivative Plaintiff executing this Release, on the one

hand, and our respective counsel, if any, executing a Certification of Counsel attached to this

Release, on the other hand, as well as any such division between counsel executing a

Certification of Counsel and any other counsel, or any dispute in relation thereto, shall in no way

affect the validity of this Release.

Pursuit of Certain Claims: I agree that I will never (i) take any legal or other action to

initiate, pursue or maintain, or otherwise attempt to execute upon, collect or otherwise enforce,

any of the Released Claims and Liabilities against or from any Released Party; (ii) institute or

participate in any new legal action against any Released Party to any extent, or in any way,

arising out of, relating to, resulting from and/or connected with my World Trade Center-related

rescue, recovery, debris removal and/or clean-up work and/or volunteer service on and/or after

September 11, 2001, at the WTC Site or any other location, and/or with any injury I and/or any

other Releasing Party have ever claimed, or may at any time hereafter claim was caused in whole

or in part by my World Trade Center-related rescue, recovery, debris removal and/or clean-up

work and/or volunteer service on and/or after September 11, 2001, at the WTC Site or any other

location; or (iii) attempt to execute or collect upon, or otherwise enforce against, any Released

Party any judgment relating in any way to my World Trade Center-related rescue, recovery,

debris removal and/or clean-up work and/or volunteer service on and/or after September 11,

2001, at the WTC Site or any other location.

Liens and Other Third-Party Payor Claims: I agree that prior to the first time, if any,

that a Settlement Payment is made to me, I shall identify to the Lien Resolution Administrator

(as defined in the Final Settlement Agreement) all Third Party Providers/Payors (as defined

below) known to me to hold or assert any lien, pledge, charge, security interest, assignment,

encumbrance, subrogation right, third-party interest and/or other adverse claim of any nature

whatsoever (“Lien”) with respect to any Settlement Payment (and/or the right to receive such

Settlement Payment), through procedures and protocols to be established by the Lien Resolution

Administrator, subject to approval by the Allocation Neutral (as defined in the Final Settlement

Agreement).

A “Third Party Provider/Payor” is any provider or payor, public or private, of (i) health,

hospital, medical, physician, healthcare and/or pharmaceutical services, products or expenses

and/or (ii) any other form of compensation, including, but not limited to, federal and state

governmental authorities (or other persons) providing Medicaid and/or Medicare services or

benefits.

I understand and acknowledge that satisfaction and discharge of any and all Liens with

respect to any Settlement Payment (and/or the right to receive any Settlement Payment) is the

sole responsibility of me, any Derivative Plaintiff executing this Release and our respective

counsel (if any) executing a Certification of Counsel attached to this Release and must, in

relation to all governmental authorities that are Third Party Providers/Payors who hold or assert

any Liens pursuant to any applicable statute, be established to the satisfaction of the Lien

Resolution Administrator before any Settlement Payment (if any) can be disbursed to me and/or

to any Derivative Plaintiff.

Prior to the first time, if any, that a Settlement Payment is made to me, I shall, jointly and

severally with any Derivative Plaintiff who executes this Release (and with our respective

counsel, if any, executing a Certification of Counsel attached to this Release), represent and

warrant that any and all Liens with respect to any and all Settlement Payments (and/or the right

to receive any and all Settlement Payments) have been satisfied and discharged. Furthermore,

before any Settlement Payment is made to me, the WTC Captive, the Settling Defendants and/or

any of them shall be entitled to proof of satisfaction and discharge of any or all such Liens

pursuant to any applicable statute in relation to all governmental authorities that are Third Party

Providers/Payors.

In addition to and without limitation of the foregoing, I hereby agree, jointly and

severally with any Derivative Plaintiff who executes this Release and with our respective

counsel, if any, executing a Certification of Counsel attached to this Release, to indemnify and

hold harmless the WTC Captive, Settling Defendants and all other Released Parties and each of

them from and against (i) any and all claims made or asserted at any time against them or any of

them by any Third Party Provider/Payor with respect to any Lien(s) relating in any way to me or

to any other Third Party Provider/Payor claim made or asserted at any time against them or any

of them relating in any way to me and (ii) any and all damages, losses, costs, expenses

(including, but not limited to, reasonable legal fees and expenses) and/or liabilities incurred or

suffered by, or imposed upon, the WTC Captive, Settling Defendants, other Released Parties or

any of them in connection with, arising out of or resulting from any claim described in clause (i)

of this sentence. The WTC Captive has the right to set off against any Settlement Payment all or

any portion of any amount payable to Releasor and/or any Derivative Plaintiff pursuant to the

foregoing provisions of this paragraph. Furthermore and without limitation of the foregoing,

upon receipt of any claim triggering the indemnification and hold harmless provisions set forth in

this paragraph, at least one of the Released Parties affected by such claim shall provide notice to

the Releasor’s counsel within ten (10) days.

Confidentiality: I agree not to disclose to the media or to otherwise publicize the

amount of any Settlement Payment to me or the amount of any benefit I later receive with

respect to the Cancer Insurance Policy, except as may be required by applicable Law; provided,

that I understand that I may disclose such information to my immediate family members and to

my counsel, accountants and/or financial advisors, if any (each of whom I shall, upon such

disclosure, instruct to maintain as strictly confidential information). I agree that if I materially

breach this confidentiality provision, money damages would not be a sufficient remedy and,

accordingly, without limitation of any other remedies that may be available at law or in equity,

the WTC Captive and/or the Settling Defendants or any of them shall be entitled to specific

performance and injunctive or other equitable relief as remedies for such breach.

Medical Documentation Authorization: I have authorized my counsel to obtain and

supply (or, if I am not represented by counsel, I will obtain and supply) to the Allocation Neutral

and to any separate Lien Resolution Administrator and their respective agents, employees, staff,

auditors and others deemed necessary by each to assist them, all Qualifying Medical Records (as

defined in the Final Settlement Agreement) and other documents, if any, I am required to submit

to be considered for payment under the Final Settlement Agreement. In addition, if required by

the Final Settlement Agreement, my counsel will supply (or, if I am not represented by counsel, I

will supply) to the Allocation Neutral a release signed by me and authorizing all of my health,

medical and/or pharmaceutical providers to release all of my records, regardless of the date(s)

thereof, to the Allocation Neutral. Such authorization to release my records shall comply in all

respects with the Health Insurance Portability and Accountability Act.

PAYMENT: I AM ENTERING INTO THIS RELEASE FREELY AND VOLUNTARILY. I

WAS NOT INDUCED, PRESSURED OR INFLUENCED BY ANYONE TO SIGN THIS

RELEASE. IN DECIDING TO SIGN THIS RELEASE AND WITH RESPECT TO ITS

TERMS AND THE TERMS OF THE FINAL SETTLEMENT AGREEMENT, I DID NOT

RELY ON ANY REPRESENTATION OR OTHER STATEMENT MADE BY, OR ON

BEHALF OF, THE RELEASED PARTIES OR ANY OF THEM. I UNDERSTAND AND

ACKNOWLEDGE THE NATURE, VALUE AND SUFFICIENCY OF THE

CONSIDERATION DESCRIBED IN THIS RELEASE. I HAVE READ THIS RELEASE AND

THE FINAL SETTLEMENT AGREEMENT OR HAVE HAD AMPLE OPPORTUNITY TO

DO SO BUT ELECTED VOLUNTARILY NOT TO DO SO. I ALSO HAVE HAD AN

OPPORTUNITY TO OBTAIN ADVICE FROM, AND ASK QUESTIONS OF, COUNSEL OF

MY CHOICE REGARDING THE TERMS AND LEGAL EFFECT OF THESE DOCUMENTS

AND ABOUT MY DECISION TO ENROLL TO PARTICIPATE IN THE ALLOCATION

PROCESS. I FURTHER ACKNOWLEDGE THAT I HAVE DISCUSSED ALL OF THESE

MATTERS WITH THE MY COUNSEL EXECUTING THE “CERTIFICATION OF

COUNSEL” ATTACHED TO THIS RELEASE, OR THAT I HAVE HAD THAT

OPPORTUNITY BUT HAVE ELECTED NOT TO DO SO. SUCH COUNSEL HAS

ANSWERED ALL MY QUESTIONS, IF ANY, TO MY SATISFACTION. IN ADDITION, I

ACKNOWLEDGE THAT I UNDERSTAND THIS RELEASE AND THE FINAL

SETTLEMENT AGREEMENT.

I UNDERSTAND THAT THERE IS NO GUARANTEE THAT I WILL RECEIVE

ANY PAYMENT. IN ADDITION, I UNDERSTAND THAT IF ANY SETTLEMENT

PAYMENT IS MADE TO ME, THE AMOUNT THEREOF IS NOT GUARANTEED. I ALSO

UNDERSTAND THAT I MAY BE INELIGIBLE FOR BENEFITS UNDER THE CANCER

INSURANCE POLICY. LASTLY, I UNDERSTAND THAT EVEN IF NO PAYMENT IS

DUE TO ME UNDER THE FINAL SETTLEMENT AGREEMENT AND/OR IF I AM

INELIGIBLE FOR BENEFITS UNDER THE CANCER INSURANCE POLICY, THIS

RELEASE SHALL REMAIN VALID AND BINDING.

Waiver of Certain Provisions Regarding Timing of Any Payments. If I have any civil

action pending in any jurisdiction that has enacted, promulgated or otherwise adopted any Law

containing provisions that establish specific time periods within which settlement funds, if any,

must be paid to me in connection with the settlement of such civil action and/or impose

sanctions, penalties or other similar obligations against the paying party if the settlement funds

are not paid within such time periods and/or invalidate or otherwise affect the terms of the

settlement of such civil action, I hereby (i) specifically and expressly waive (to the fullest extent

permitted by applicable Law) my rights under any such provisions and (ii) agree that payment of

any Settlement Payment shall be made solely in accordance with the terms and conditions of the

Final Settlement Agreement.

No Admission of Fault: I understand and agree that the WTC Captive and the Settling

Defendants have entered into this Release and the Final Settlement Agreement solely by way of

compromise and settlement. These documents are not, and shall not be construed at any time to

be, an admission of liability, responsibility or fault by the WTC Captive, the Settling Defendants

and/or any other Released Parties or any of them.

Representations and Warranties: I hereby represent and warrant that:

1. I have full power, authority and capacity to enter into this Release, which

is binding and enforceable in accordance with its terms;

2. Except as set forth in the “Attorneys’ Fees; Division of Any Settlement

Payment” section above, I have the sole right to receive any and all

Settlement Payments, if any, due to me under the Final Settlement

Agreement; and

3. Except with respect to any Liens (as defined above) held by a “Third Party

Provider/Payor” (as defined above), neither I nor any other Releasing

Party has sold, assigned, transferred or otherwise disposed of or pledged

or otherwise encumbered, any of the Released Claims and Liabilities in

whole or in part.

Governing Law: This Release shall be governed by and construed in accordance with

the substantive law of New York State without regard to any choice-of-law rules, unless and to

the extent New York State law is inconsistent with or preempted by federal law, in which case

federal law shall apply as set forth in the Section 408(b)(2) of the Air Transportation Safety and

System Stabilization Act of 2001.

Severability: I agree that if any provision of this Release is adjudicated to be invalid,

illegal or unenforceable in any jurisdiction, the relevant provision shall be deemed modified to

the extent necessary to make it enforceable in such jurisdiction and, if it cannot be so modified,

this Release shall be deemed amended to delete the invalid or unenforceable provision, and this

Release shall otherwise remain in full force and effect as so modified. Any such modification or

amendment in any event shall apply only with respect to the operation of this Release in the

particular jurisdiction in which such adjudication was made and shall not affect such provision in

any other jurisdiction. To the fullest extent permitted by applicable Law, I hereby (on my own

behalf and on behalf of each other Releasing Party) specifically and expressly waive any

provision of Law that renders any provision of this Release invalid, illegal or unenforceable in

any respect.

Legal Representatives: If I am signing this Release as a legal representative of a

deceased Primary Plaintiff (as defined in the Final Settlement Agreement), I represent and

warrant that I have the requisite authority do to so and that I understand that the references in this

Release to my injury and to my rescue, recovery, debris removal and/or clean-up work and/or

volunteer services at the WTC Site and/or other locations on and/or after September 11, 2001,

refer to the decedent, and not to me personally. Furthermore, to the extent any payment(s) are

made to me on the deceased Primary Plaintiff’s behalf, before accepting such payment(s), I will

obtain judicial approval of this Release to the extent required under applicable Law.

Structured Settlement Payments: If Releasor later elects to receive any payment(s) due

to him or her under the Final Settlement Agreement in the form of structured payment(s), rather

than as lump sum(s), as permitted by Section VII.D of the Final Settlement Agreement, this

Release may be amended by written addendum hereto only to the extent necessary to facilitate

such structured payment(s).