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I dychloroethylene (DCE) . <br /> 2 Claimants are informed and believe, and thereon state, <br /> 3 that because the sewer system and the drinking water wells were <br /> 4 not properly maintained by the appropriate public entities that <br /> 5 these contaminants were present in the drinking water wells, the <br /> 6 ground water and the top soil adjacent to Lincoln Center. As a <br /> 7 result, a number of claims have been made by the property owner, <br /> 8 Lincoln Properties, Ltd. , against claimants and the following <br /> 9 damages have been sustained by claimants : <br /> 10 (a) Continuing claims of contribution or costs incurred <br /> 11 to conduct removal and remedial or other necessary responses to <br /> 12 the hazardous substances released onto and in the vicinity of the <br /> 13 shopping center; <br /> 14 (b) Continuing claims of damage to property and loss of <br /> 15 use and unofficial enjoyment of property; <br /> 16 (c) Damages to claimants in hiring consultants, <br /> 17 laboratories and technicians as well as attorneys to determine the <br /> 18 cause of and solution to the presence of contaminants in the <br /> 19 ground water, well water and top soil adjacent to Lincoln Center <br /> 20 and to defend the litigation commenced by Lincoln Properties, Ltd. <br /> 21 Claimants are informed and believe, and thereon state, <br /> 22 that the matters set forth above, and the resulting damages, were <br /> 23 not caused by any act, error or omission on the part of claimants, <br /> 24 but were caused by the active and primary fault of the Health <br /> 25 Services, and others, and that claimants are entitled to damages <br /> 26 and to implied indemnity and comparative indemnity from the Health <br /> 27 Services, and others, as to all or part of any damages which may <br /> 28 be paid or ordered paid against claimants arising out of such <br /> OOnwwUE <br /> .o <br /> CALLA,aAM <br /> o�K J <br /> •�w.o. c• 11.11 <br />