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JOINT COMMENTS PREPARED BY HOYT CORPORATION AND R. R. STREET & <br /> CO. INC. TO THE FIRST FINAL CONSENT DECREE, ORDER, AND JUDGMENT <br /> INTRODUCTION <br /> Hoyt Corporation and R.R. Street & Co. Inc. <br /> (collectively, "Equipment Manufacturers") , through their <br /> respective counsel, hereby submit the following comments to the <br /> First Final Consent Decree, Order, Judgment and Reference to <br /> Special Master ("Consent Decree") : <br /> The Equipment Manufacturers strongly concur with the <br /> goal of the Consent Decree to clean up the contamination at the <br /> Lincoln Center ("Site") . Equipment Manufacturers are, however, <br /> in a difficult position regarding the Consent Decree itself. It <br /> is apparent from the terms of the Consent Decree and discussions <br /> with counsel for Plaintiff LPL that the Equipment Manufacturers <br /> will be sued in contribution for expended funds despite the fact <br /> that they (i) were not allowed to participate in the negotiations <br /> among the Settling Parties and their insurance carriers, and (ii) <br /> they were not made aware of the terms of the global settlement <br /> agreement among the Settling Parties and their insurance carriers <br /> that precipitated the Consent Decree. Most importantly, the <br /> Equipment Manufacturers are unaware of the allocation of <br /> settlement costs among the various Settling Parties, including <br /> the insurance carriers, that will govern the Settling Parties ' <br /> rights and obligations as to the Equipment Manufacturers during <br /> the pendency of this lawsuit. <br /> LA\16207\031\50C0MDCG.002 <br />