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IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA Charlotte Division In re KAISER GYPSUM COMPANY, INC., et al., 1 Debtors. Case No. 16-31602 Chapter 11 (Jointly Administered) NOTICE OF FILING SECOND REVISED PLAN SUPPLEMENT DOCUMENTS PLEASE TAKE NOTICE that on April 16, 2018, Truck Insurance Exchange (the “Plan Proponent”) filed the Notice of Filing of Initial Plan Supplement Documents [D.I. 890] (the Initial Plan Supplement”). PLEASE TAKE FURTHER NOTICE that on September 28, 2018, the Plan Proponent filed the Notice of Filing Revised and Additional Plan Supplement Documents [D.I. 1211] (the Revised Plan Supplement Documents,” and, together with the Initial Plan Supplement, the “Plan Supplement”). PLEASE TAKE FURTHER NOTICE that the Plan Proponent hereby files the following revised Plan Supplement documents (together with redlines to the previously filed versions), which, collectively, constitute part of the Plan Supplement and relate to the Second Amended Chapter 11 Plan of Reorganization for Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc. Proposed by Truck Insurance Exchange [Docket No. 1268] (as amended, supplemented, and/or modified from time to time, the “Plan”): 2 1 The Debtors are the following entities (the last four digits of their respective taxpayer identification numbers follow in parentheses): Kaiser Gypsum Company, Inc. (0188); and Hanson Permanente Cement, Inc. (7313). The Debtors’ address is 300 E. John Carpenter Freeway, Irving, Texas 75062. 2 Capitalized terms that are not otherwise defined herein shall have the meanings ascribed to them in the Plan. Case 16-31602 Doc 1272 Filed 10/29/18 Entered 10/29/18 23:24:34 Desc Main Document Page 1 of 3

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re KAISER GYPSUM COMPANY, INC., et al.,1 Debtors.

Case No. 16-31602 Chapter 11 (Jointly Administered)

NOTICE OF FILING SECOND REVISED

PLAN SUPPLEMENT DOCUMENTS

PLEASE TAKE NOTICE that on April 16, 2018, Truck Insurance Exchange (the “Plan

Proponent”) filed the Notice of Filing of Initial Plan Supplement Documents [D.I. 890] (the

“Initial Plan Supplement”).

PLEASE TAKE FURTHER NOTICE that on September 28, 2018, the Plan Proponent

filed the Notice of Filing Revised and Additional Plan Supplement Documents [D.I. 1211] (the

“Revised Plan Supplement Documents,” and, together with the Initial Plan Supplement, the “Plan

Supplement”).

PLEASE TAKE FURTHER NOTICE that the Plan Proponent hereby files the following

revised Plan Supplement documents (together with redlines to the previously filed versions),

which, collectively, constitute part of the Plan Supplement and relate to the Second Amended

Chapter 11 Plan of Reorganization for Kaiser Gypsum Company, Inc. and Hanson Permanente

Cement, Inc. Proposed by Truck Insurance Exchange [Docket No. 1268] (as amended,

supplemented, and/or modified from time to time, the “Plan”):2

1 The Debtors are the following entities (the last four digits of their respective taxpayer identification numbers

follow in parentheses): Kaiser Gypsum Company, Inc. (0188); and Hanson Permanente Cement, Inc. (7313). The Debtors’ address is 300 E. John Carpenter Freeway, Irving, Texas 75062.

2 Capitalized terms that are not otherwise defined herein shall have the meanings ascribed to them in the Plan.

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1. Settlement Facility and Trust Agreement

a. Redline to previously filed Settlement Facility and Trust Agreement

2. Claims Resolution Procedures

a. Redline to previously filed Claims Resolution Procedures

3. Case Management Order

a. No changes have been made to this document since the Revised Plan

Supplement Documents were filed.

PLEASE TAKE FURTHER NOTICE that the Plan Proponent reserves its rights to

amend, revise, or supplement the Plan Supplement, and any of the documents and designations

contained herein, at any time before the Effective Date of the Plan or any such other date as may

be provided for by the Plan or by order of the Bankruptcy Court.

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Dated: October 29, 2018 /s/Michael Leon Martinez

GRIER FURR & CRISP, PA Michael L. Martinez (N.C. State Bar No. 39885) 101 North Tryon Street, Suite 1240 Charlotte, North Carolina 28246 Phone: (704) 332-0209; Fax: (704) 332-0215 Email: [email protected] - and – GIBSON, DUNN & CRUTCHER LLP Michael A. Rosenthal (admitted pro hac vice) Robert B. Krakow (admitted pro hac vice) Alan Moskowitz (admitted pro hac vice) Matthew G. Bouslog (admitted pro hac vice) 200 Park Avenue New York, New York 10166-0193 Phone: (212) 351-4000; Fax: (212) 351-4035 Email address: [email protected] Email address: [email protected] Email address: [email protected] Email address: [email protected] Counsel for Truck Insurance Exchange

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TRUST AND SETTLEMENT FACILITY AGREEMENT

Between

Kaiser Gypsum Company, Inc., Hanson Permanente Cement, Inc., Truck Insurance Exchange

and _________, as the Trustee

Pursuant to the Second Amended Chapter 11 Plan of Reorganization of

Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., proposed by Truck Insurance Exchange

Dated October 29, 2018

Reorganized Debtors in Chapter 11 Case Nos. 16-31602, and 16-31614 In the United States Bankruptcy Court

For the Western District of North Carolina Charlotte Division

Dated as of ________, 201_

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TABLE OF CONTENTS

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ARTICLE 1.

DEFINITIONS

1.1 Definitions........................................................................................................................... 2 1.2 Additional Definitions ........................................................................................................ 2

(a) “Administrative Expense and Priority Claim Loan” ...................................... 2 (b) “Affiliate” ......................................................................................................... 2 (c) “Allowed” .......................................................................................................... 2 (d) “Allowed Litigation Option Claims” ................................................................ 2 (e) “Allowed Settlement Review Claims” .............................................................. 3 (f) “Asbestos Claim” .............................................................................................. 3 (g) “Asbestos Claimant” ........................................................................................ 3 (h) “Asbestos Contribution Rights” ....................................................................... 3 (i) “Asbestos Insurance Entity” ............................................................................ 3 (j) “Asbestos Insurance Policy” ............................................................................ 3 (k) “Assets” ............................................................................................................. 3 (l) “Bankruptcy Code” .......................................................................................... 3 (m) “Bankruptcy Court” ......................................................................................... 3 (n) “Bankruptcy Rules” ......................................................................................... 3 (o) “Basic Review” ................................................................................................. 3 (p) “Basic Review CRP Amount” .......................................................................... 3 (q) “Business Day” ................................................................................................. 4 (r) “CAC” ............................................................................................................... 4 (s) “Case Management Order” or “CMO” ........................................................... 4 (t) “Cash”............................................................................................................... 4 (u) “Causes of Action” ........................................................................................... 4 (v) “Chapter 11 Cases” .......................................................................................... 4 (w) “Claim” ............................................................................................................. 4 (x) “Claimant” ........................................................................................................ 4 (y) “Claims Resolution Procedures” or “CRP” .................................................... 4 (z) “Claim Form” ................................................................................................... 4 (aa) “Class A Beneficial Interests” ......................................................................... 4 (bb) “Class B Beneficial Interests” ......................................................................... 4 (cc) “Comprehensive Review” ................................................................................. 5 (dd) “Comprehensive Review CRP Amount” .......................................................... 5 (ee) “Confirmation Date” ........................................................................................ 5 (ff) “Confirmation Order” ...................................................................................... 5 (gg) “Contribution Injunction” ............................................................................... 5 (hh) “Court” ............................................................................................................. 5 (ii) “Debtors” .......................................................................................................... 5 (jj) “Deductible” ..................................................................................................... 5 (kk) “Disallowed” ..................................................................................................... 5 (ll) “Discharge Injunction”.................................................................................... 5 (mm) “Disclosure Statement” .................................................................................... 5

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(nn) “Disputed” ........................................................................................................ 6 (oo) “District Court” ................................................................................................ 6 (pp) “Effective Date” ................................................................................................ 6 (qq) “Entity” ............................................................................................................. 6 (rr) “Estate(s)”......................................................................................................... 6 (ss) “Excess CIP Agreement” ................................................................................. 6 (tt) “File”, “Filed” or “Filing” ............................................................................... 6 (uu) “Final Judgment or Final Order” ................................................................... 6 (vv) “Future Asbestos Claim” ................................................................................. 7 (ww) “Future Claimants’ Representative” or “FCR” .............................................. 7 (xx) “GUC Trust” ..................................................................................................... 7 (yy) “GUC Trust Assets” ......................................................................................... 7 (zz) “GUC Trust Seed Funding Amount” .............................................................. 7 (aaa) “Holder” ........................................................................................................... 7 (bbb) “HPCI” ............................................................................................................. 7 (ccc) “Insurance Policy” ........................................................................................... 7 (ddd) “IRC” ................................................................................................................ 7 (eee) “Judgment Offer” ............................................................................................. 7 (fff) “Kaiser” ............................................................................................................ 7 (ggg) “Lehigh Hanson” ............................................................................................. 7 (hhh) “Lehigh Hanson Contribution” ....................................................................... 7 (iii) “Litigation Expenses” ...................................................................................... 8 (jjj) “Litigation Option” .......................................................................................... 8 (kkk) “Litigation Option Claim” ............................................................................... 8 (lll) “Litigation Option Claimant” .......................................................................... 8 (mmm) “Litigation Option Expenditures” ................................................................... 8 (nnn) “Matrix Amount” ............................................................................................. 8 (ooo) “Net Class B Distributions” ............................................................................. 8 (ppp) “New Equity Interests”..................................................................................... 8 (qqq) “Non-Released Party” ...................................................................................... 8 (rrr) “Non-Truck Asbestos Insurance Policy” ........................................................ 8 (sss) “Non-Truck Asbestos Insurer” ........................................................................ 8 (ttt) “Non-Truck Asbestos Insurer Contribution”.................................................. 8 (uuu) “Participating Non-Truck Asbestos Insurers” ................................................ 9 (vvv) “Person” ........................................................................................................... 9 (www) “Petition Date” ................................................................................................. 9 (xxx) “Plan” ............................................................................................................... 9 (yyy) “Plan Documents”............................................................................................ 9 (zzz) “Plan Proponent” ............................................................................................. 9 (aaaa) “Plan Supplement” ........................................................................................... 9 (bbbb) “Post-Confirmation Asbestos Claim” .............................................................. 9 (cccc) “Post-Confirmation Asbestos Claimant” ........................................................ 9 (dddd) “Pre-Confirmation Judgment Asbestos Claim” .............................................. 9

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(eeee) “Pre-Confirmation Judgment Asbestos Claimant” ...................................... 10 (ffff) “Professional” ................................................................................................ 10 (gggg) “Qualified Settlement Fund” or “QSF” ........................................................ 10 (hhhh) “Related”......................................................................................................... 10 (iiii) “Released Claims” .......................................................................................... 10 (jjjj) “Released Party” ............................................................................................ 10 (kkkk) “Reorganized Debtors” .................................................................................. 11 (llll) “Reorganized HPCI”...................................................................................... 11 (mmmm) “Reorganized Kaiser” ..................................................................................... 11 (nnnn) “Representatives” ........................................................................................... 11 (oooo) “Retained Causes of Action” ......................................................................... 11 (pppp) “Schedules” .................................................................................................... 11 (qqqq) “Settled Asbestos Claim” ................................................................................ 11 (rrrr) “Settlement Facility” or the “Trust” .............................................................. 11 (ssss) “Settlement Facility Accounts” ...................................................................... 11 (tttt) “Settlement Facility Assets” ........................................................................... 12 (uuuu) “Settlement Facility Backstop Loan” ............................................................ 12 (vvvv) “Settlement Facility Contributions” .............................................................. 12 (wwww) “Settlement Facility Expenses” ..................................................................... 12 (xxxx) “Settlement Facility Limit” ............................................................................ 12 (yyyy) “Settlement Facility Payment Obligations” .................................................. 12 (zzzz) “Settlement Review” ....................................................................................... 13 (aaaaa) “Settlement Review Claim” ............................................................................ 13 (bbbbb) “Settlement Review Claimant” ....................................................................... 13 (ccccc) “Truck” ........................................................................................................... 13 (ddddd) “Truck Asbestos Insurance Policy” ............................................................... 13 (eeeee) “Truck Structured Settlement Contribution” ................................................ 13 (fffff) “Truck Policy Limit” ...................................................................................... 13 (ggggg) “Trustee”......................................................................................................... 13 (hhhhh) “Uninsured Asbestos Claim” ......................................................................... 13 (iiiii) “Unresolved Asbestos Claim” ........................................................................ 13 (jjjjj) “Unresolved Asbestos Claimant” ................................................................... 13

ARTICLE 2.

AGREEMENT OF TRUST

2.1 Creation and Name ........................................................................................................... 14 2.2 Purpose .............................................................................................................................. 14 2.3 Claims Resolution Procedures .......................................................................................... 15 2.4 Transfer of Assets ............................................................................................................. 15 2.5 Allocation of Funds........................................................................................................... 15 2.6 Acceptance of Assets and Assumption of Liabilities ....................................................... 15

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ARTICLE 3.

POWERS, TRUST ADMINISTRATION & REPORTING

3.1 Powers ............................................................................................................................... 16 3.2 General Administration and Obligations of the Trustee ................................................... 19 3.3 Claims Administration ...................................................................................................... 22 3.4 Non-Released Parties. ....................................................................................................... 24 3.5 Indemnification of the Reorganized Debtors, Released Parties, Trustee, FCR and

Their Representatives........................................................................................................ 24

ARTICLE 4.

ACCOUNTS, INVESTMENTS, AND PAYMENTS

4.1 Accounts ........................................................................................................................... 25 4.2 Investments ....................................................................................................................... 25 4.3 Source of Payments........................................................................................................... 27 4.4 Indemnification ................................................................................................................. 27

ARTICLE 5.

TRUSTEE

5.1 Appointment ..................................................................................................................... 27 5.2 Term of Service ................................................................................................................. 27 5.3 Appointment of Successor Trustee(s) ............................................................................... 28 5.4 Liability of Trustee, Officers and Employees ................................................................... 28 5.5 Compensation and Expenses of Trustee ........................................................................... 28 5.6 Trustee’s Employment of Professionals ........................................................................... 29 5.7 Trustee Qualifications and Independence ......................................................................... 29 5.8 Bond .................................................................................................................................. 30

ARTICLE 6.

THE FUTURE CLAIMANTS’ REPRESENTATIVE

6.1 Duties ................................................................................................................................ 30 6.2 Term of Office .................................................................................................................. 30 6.3 Appointment of Successor ................................................................................................ 30 6.4 Future Claimants’ Representative’s Employment of Professionals .................................. 30 6.5 Compensation and Expenses of the Future Claimants’ Representative ............................ 30 6.6 Liability of Future Claimants’ Representative .................................................................. 31

ARTICLE 7.

CLAIMANTS ADVISORY COMMITTEE

7.1 Formation and Number ..................................................................................................... 31

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7.2 Role ................................................................................................................................... 31 7.3 Term of Office .................................................................................................................. 31 7.4 Appointment of Successors ............................................................................................... 32 7.5 Compensation for Attendance at Meetings and Expenses of the CAC ............................ 32

ARTICLE 8.

GENERAL PROVISIONS

8.1 Irrevocability ..................................................................................................................... 32 8.2 Termination ....................................................................................................................... 32 8.3 Amendments ..................................................................................................................... 33 8.4 Severability ....................................................................................................................... 34 8.5 Notices .............................................................................................................................. 34 8.6 Successors and Assigns ..................................................................................................... 35 8.7 Limitation on Claim Interests for Securities Laws Purposes ............................................ 36 8.8 Entire Agreement; No Waiver .......................................................................................... 36 8.9 Headings ........................................................................................................................... 36 8.10 Governing Law ................................................................................................................. 36 8.11 Dispute Resolution ............................................................................................................ 36 8.12 Enforcement and Administration ...................................................................................... 36 8.13 Effectiveness ..................................................................................................................... 36 8.14 Counterpart Signatures ...................................................................................................... 36 8.15 Notices Under Plan Documents ........................................................................................ 37

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TRUST AND SETTLEMENT FACILITY AGREEMENT

This Trust and Settlement Facility Agreement (this “Settlement Facility Agreement”) is entered into by and among Kaiser Gypsum Company, Inc., as reorganized pursuant to the Plan (“Reorganized Kaiser”), Hanson Permanente Cement, Inc. (as reorganized pursuant to the Plan “Reorganized HPCI” and, together with Reorganized Kaiser, the “Reorganized Debtors”), Truck Insurance Exchange (“Truck”) and the Trustee(s) named on the signature pages hereof (the “Trustee”).

RECITALS

A. The Plan provides, inter alia, for the creation of the Settlement Facility pursuant to the Confirmation Order and Plan for the purpose of receiving, investing, and using funds contributed by Truck and, if applicable, Lehigh Hanson and the Participating Non-Truck Asbestos Insurers, for the resolution and payment of Asbestos Claims. This Settlement Facility is a North Carolina trust subject to continuing Bankruptcy Court supervision and managed by the Trustee, who must meet the independence criteria contained herein.

B. Pursuant to the Plan, the Reorganized Debtors have become wholly owned subsidiaries of the Settlement Facility, and Truck has agreed to make contributions to the Settlement Facility in the aggregate amount of the Truck Structured Settlement Contribution. [Lehigh Hanson has agreed to make a contribution to the Settlement Facility in the amount of $49 million, and the Participating Non-Truck Asbestos Insurers have also agreed to make contributions to the Settlement Facility in the aggregate amount of $[____].]

C. Under the Plan, Asbestos Claimants (other than Settled Asbestos Claimants) may elect to submit their Claims to the Settlement Facility for review under the Claims Resolution Procedures for Basic Review or Comprehensive Review and, thereafter, may elect to file proofs of claim in the Bankruptcy Court and obtain resolution of such Asbestos Claims through allowance litigation governed by the Case Management Order.

D. Under the Plan, the Settlement Facility has assumed responsibility for processing and, except with respect to Uninsured Asbestos Claims other than Deductibles, paying Allowed Asbestos Claims, whether such Claims are Allowed pursuant to Settlement Review or pursuant to the Litigation Option, pursuant to the Plan and the CRP, but subject to all rights of contribution, reimbursement or otherwise from all Non-Released Parties and with contributions from the Reorganized Debtors. The Reorganized Debtors shall assume responsibility for paying Post-Confirmation Asbestos Claims, Allowed Uninsured Asbestos Claims and reimbursing the Settlement Facility for Deductibles from and to the extent that funds are available to the Reorganized Debtors.

E. The Settlement Facility has assumed responsibility for defending Litigation Option Claims and paying Litigation Expenses (except to the extent that the Settlement Facility tenders defense against a Litigation Option Claim to the Non-Truck Asbestos Insurers and such defense is accepted) pursuant to the terms of the Plan, the CRP, the CMO and this Settlement Facility Agreement, subject to all rights of contribution, reimbursement or otherwise from all Non-

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Released Parties and with contributions from the Reorganized Debtors. The Reorganized Debtors shall reimburse the Settlement Facility for Litigation Expenses related to Uninsured Asbestos Claims from and to the extent that funds are available to the Reorganized Debtors. For the avoidance of doubt, the Settlement Facility shall not be responsible for the payment of Uninsured Asbestos Claims other than Litigation Expenses and Deductibles as to which the Settlement Facility shall retain a claim for reimbursement or contribution against the Reorganized Debtors.

F. Pursuant to the Plan and the Confirmation Order, this Settlement Facility Agreement establishes the Settlement Facility.

NOW, THEREFORE, in accordance with the Plan and the Confirmation Order, it is agreed as follows:

Article 1.

DEFINITIONS

1.1 Definitions. All capitalized terms used in this Settlement Facility Agreement and not otherwise defined herein shall have the meanings assigned in the Plan, and the Claims Resolution Procedures. To the extent there is any inconsistency between a term defined herein and in the Plan or Claims Resolution Procedures, the defined term in the Plan shall govern.

1.2 Additional Definitions.

(a) “Administrative Expense and Priority Claim Loan” has the meaning assigned to such term in the Plan.

(b) “Affiliate” has the meaning assigned to such term in the Plan.

(c) “Allowed” means (a) with reference to any Claim, (i) any Claim against any Debtor that has been listed by such Debtor in the Schedules, as such Schedules may be amended from time to time in accordance with Bankruptcy Rule 1009, as liquidated in amount and not disputed or contingent or unknown and for which no contrary proof of Claim has been Filed; (ii) any Claim listed on the Schedules or timely Filed proof of Claim, as to which no objection to allowance has been interposed in accordance with the Plan by the Claims Objection Deadline or such other applicable period of limitation fixed by the Bankruptcy Code, the Bankruptcy Rules, or the Bankruptcy Court, or as to which any objection has been determined by a Final Order to the extent such objection is determined in favor of the respective Holder of such Claim; (iii) any Claim expressly allowed by a Final Order or under the Plan; and (b) with respect to any Asbestos Claim, (i) any Asbestos Claim that is a Settled Asbestos Claim or a Pre-Confirmation Judgment Asbestos Claim, (ii) any Unresolved Asbestos Claim that is submitted for Basic Review or Comprehensive Review and receives a Settlement Offer (as defined in the CRP) from the Settlement Facility as a result of the review process, which Settlement Offer is accepted by the Settlement Offer Recipient (as defined in the CRP); or (c) any Claim that is allowed by the Plan or by Final Order or settlement of a Litigation Option Claim pursuant to the CMO.

(d) “Allowed Litigation Option Claims” means Litigation Option Claims that have become Allowed pursuant to the CMO.

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(e) “Allowed Settlement Review Claims” means Settlement Review Claims that have become Allowed pursuant to the CRP by a Settlement Review Claimant accepting a Settlement Offer from the Settlement Facility.

(f) “Asbestos Claim” has the meaning assigned to such term in the Plan.

(g) “Asbestos Claimant” means the Holder of an Asbestos Claim.

(h) “Asbestos Contribution Rights” means any and all rights, titles, privileges, interests, claims, demands or entitlements to any proceeds, contributions, payments, defense costs, indemnification, escrowed funds, initial or supplemental dividends, scheme payments, supplemental scheme payments, Causes of Action, and choses in action of any Debtor or other Person with respect to any Asbestos Claim, including any rights against Non-Released Parties, rights under a Non-Truck Asbestos Insurance Policy, any rights under any Asbestos Insurance Agreement (as defined in the Plan), and any rights in any Asbestos Insurance Action (as defined in the Plan).

(i) “Asbestos Insurance Entity” has the meaning assigned to such term in the Plan.

(j) “Asbestos Insurance Policy” means any Insurance Policy under which any Debtor or Affiliate of the Debtors has or had indemnity, defense, or other insurance coverage, whether known or unknown, that actually or potentially provides insurance coverage for any Asbestos Claim, including but not limited to the policies listed in the Plan Supplement.

(k) “Assets” means any and all right, title, and interest in and to property of whatever type or nature.

(l) “Bankruptcy Code” means title 11 of the United States Code, sections 101–1532, as now in effect or as hereafter amended.

(m) “Bankruptcy Court” means the United States Bankruptcy Court for the Western District of North Carolina, or, if such court ceases to exercise jurisdiction, the court or adjunct thereof that exercises jurisdiction over the Chapter 11 Cases.

(n) “Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure, as amended and promulgated under section 2075 of Title 28 of the United States Code, together with (a) the Rules of Practice and Procedures of the United States Bankruptcy Court for the Western District of North Carolina as now in effect or as the same may from time to time hereafter be amended and (b) the Amended Standing Order of Reference from the United States District Court for the Western District of North Carolina dated as of April 14, 2014.

(o) “Basic Review” means the process for determining settlement offers under Settlement Review as set forth in Appendix I to the CRP.

(p) “Basic Review CRP Amount” means, as to any Asbestos Claim, (a) the Matrix Amount offered by the Settlement Facility with respect to such Asbestos Claim under Basic

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Review or (b) the Matrix Amount that would have been offered by the Settlement Facility with respect to such Asbestos Claim if it had been submitted for Basic Review.

(q) “Business Day” means any day that is not a Saturday, Sunday, or “legal holiday” within the meaning of Bankruptcy Rule 9006(a).

(r) “CAC” means the Claimants Advisory Committee.

(s) “Case Management Order” or “CMO” means the order to be entered by the District Court pursuant to which Litigation Option Claims shall be Allowed or Disallowed, which order shall be in substantially the form attached as Annex 3 to the Notice of Filing Second Revised Plan Supplement Documents [Docket No. ____].

(t) “Cash” means lawful currency of the United States and its equivalents.

(u) “Causes of Action” has the meaning assigned to such term in the Plan.

(v) “Chapter 11 Cases” means (a) when used with reference to a particular Debtor, the case pending for that Debtor under chapter 11 of the Bankruptcy Code and (b) when used with reference to all Debtors, the procedurally consolidated chapter 11 cases pending for the Debtors in the Bankruptcy Court under case number 16-31602 (JCW).

(w) “Claim” means a claim, as defined in section 101(5) of the Bankruptcy Code, against a Debtor or its Estate whether or not asserted or Allowed.

(x) “Claimant” means a Holder of a Claim.

(y) “Claims Resolution Procedures” or “CRP” means the Claims Resolution Procedures attached hereto as Annex A. The CRP are expressly incorporated herein by reference and are a part of this Settlement Facility Agreement.

(z) “Claim Form” means the submission of information and documents, in the form to be developed by the Trustee, by which an Unresolved Asbestos Claimant initiates processing of his or her Asbestos Claim or a Post-Confirmation Asbestos Claimant initiates processing of his or her Post-Confirmation Asbestos Claim.

(aa) “Class A Beneficial Interests” means the Class A beneficial interests in the GUC Trust distributed pro rata to Holders of Allowed General Unsecured Claims (as defined in the Plan), which Class A Beneficial Interests shall entitle such Holders to be paid, in full, from liquidation of the GUC Trust Assets the Allowed amount of their General Unsecured Claims (as defined in the Plan), after payment of GUC Trust expenses other than the GUC Trust Seed Funding Amount.

(bb) “Class B Beneficial Interests” means the Class B beneficial interests in the GUC Trust distributed to the Reorganized Debtors, which Class B Beneficial Interests shall entitle such Holders to any residual value from liquidation of the GUC Trust Assets after payment in full of all amounts owed with respect to Class A Beneficial Interests, GUC Trust expenses and the GUC Trust Seed Funding Amount.

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(cc) “Comprehensive Review” means the process for determining settlement offers under Settlement Review as set forth in Appendix II to the CRP.

(dd) “Comprehensive Review CRP Amount” means, as to any Asbestos Claim, (a) the Matrix Amount offered by the Settlement Facility with respect to such Asbestos Claim under Comprehensive Review or (b) the Matrix Amount that would have been offered by the Settlement Facility with respect to such Asbestos Claim if it had been submitted for Comprehensive Review.

(ee) “Confirmation Date” means the date on which the clerk of the Bankruptcy Court enters the Confirmation Order on the docket.

(ff) “Confirmation Order” means the order of the Bankruptcy Court confirming the Plan in accordance with section 1129 of the Bankruptcy Code, as such order may be amended, modified, or supplemented.

(gg) “Contribution Injunction” means the order(s) entered by the Court (including, as appropriate, any provision of the Confirmation Order) permanently and forever staying, restraining, and enjoining any Person from taking any action against any Released Party for the purpose of, directly or indirectly, collecting, recovering, or receiving payment of, on, or with respect to any Released Claim, the form of which Contribution Injunction shall be acceptable to the Debtors, the Reorganized Debtors and Truck.

(hh) “Court” means either the Bankruptcy Court or the District Court, as appropriate.

(ii) “Debtors” means, together, Kaiser and HPCI.

(jj) “Deductible” has the meaning assigned to such term in the Plan.

(kk) “Disallowed” means, with respect to a Claim, any Claim or portion thereof that (a) has been disallowed by a Final Order, (b) is identified in the Schedules in the amount of zero dollars or as contingent, unliquidated, or Disputed and as to which a proof of Claim was not Filed on or before the applicable Bar Date (as defined in the Plan), (c) is not identified in the Schedules and as to which no proof of Claim has been Filed or deemed Filed on or before the applicable Bar Date, as applicable, (d) was not Filed in a timely manner as provided by the Plan, the Confirmation Order, or other relevant order of the Bankruptcy Court, or (e) is disallowed by agreement with the Creditor (as defined in the Plan) in accordance with the Plan, the CRP or the CMO.

(ll) “Discharge Injunction” means the injunction described in Section 7.1.1 of the Plan under section 524(a) of the Bankruptcy Code.

(mm) “Disclosure Statement” means the disclosure statement with respect to the Plan, approved by the Bankruptcy Court as containing adequate information for the purpose of dissemination and solicitation of votes on (if applicable) and confirmation of the Plan, as it may be altered, amended, or modified from time to time in accordance with the provisions of the Bankruptcy Code and the Bankruptcy Rules.

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(nn) “Disputed” means any Claim or any portion thereof that is not an Allowed Claim or a Disallowed Claim. For the purposes of the Plan, all Unresolved Asbestos Claims and Pre-Confirmation Judgment Asbestos Claims shall be considered Disputed Claims until they are Allowed or Disallowed, and the Debtors’ right to object to allowance of such Claims (including after the Confirmation Date) is expressly preserved by this Plan. Furthermore, any other Claim shall be considered a Disputed Claim (a) before the time that an objection has been or may be filed if: (i) the amount or classification of the Claim specified in the relevant proof of Claim or request for payment of the Claim exceeds the amount or is different from the classification of any corresponding Claim scheduled by the relevant Debtor in its Schedules; (ii) any corresponding Claim scheduled by the relevant Debtor has been scheduled as disputed, contingent or unliquidated; or (iii) no corresponding Claim has been scheduled by the relevant Debtor in its Schedules; (b) if such Claim is the subject of an objection not yet resolved by a Final Order; or (c) if an Avoidance Action (as defined in the Plan) asserted against the Holder of such Claim has not been resolved by a Final Order.

(oo) “District Court” means the United States District Court for the Western District of North Carolina.

(pp) “Effective Date” means the first Business Day after the date on which all of the conditions precedent to the effectiveness of the Plan specified in Section 6.11.2 of the Plan shall have been satisfied or waived or, if a stay of the Confirmation Order is in effect on such date, the first Business Day after the expiration, dissolution, or lifting of such stay.

(qq) “Entity” has the meaning set forth in section 101(15) of the Bankruptcy Code.

(rr) “Estate(s)” means, individually, the estate created for each of the Debtors and, collectively, the estates created for all the Debtors pursuant to section 541 of the Bankruptcy Code upon the commencement of the Chapter 11 Cases.

(ss) “Excess CIP Agreement” means that certain Excess Coverage in Place Settlement Agreement between the Debtors and certain Non-Truck Asbestos Insurers, dated as of December 13, 2013.

(tt) “File”, “Filed” or “Filing” means file, filed or filing with the Bankruptcy Court or its authorized designee in the Chapter 11 Cases.

(uu) “Final Judgment or Final Order” means a judgment, order, ruling, or other decree issued and entered by the Bankruptcy Court, or by any state, provincial, or other federal court or other tribunal having jurisdiction over the subject matter thereof, which judgment, order, ruling, or other decree has not been reversed, stayed, modified, or amended and as to which: (a) the time to appeal or petition for review, rehearing, or certiorari or move for reargument has expired or shall have been waived in writing in form and substance satisfactory to the Plan Proponent or Settlement Facility, as applicable, and as to which no appeal or petition for review, rehearing, or certiorari or motion for reargument is pending; or (b) any appeal or petition for review, rehearing, certiorari, or reargument has been finally decided and no further appeal or petition for review, rehearing, certiorari, or reargument can be taken or granted; provided, however, that the possibility

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that a motion under Rule 59 or Rule 60 of the Federal Rules of Civil Procedure, or any analogous rule under the Bankruptcy Rules or applicable state court rules of civil procedure, may be Filed with respect to such order shall not cause such order not to be a Final Order.

(vv) “Future Asbestos Claim” means an Asbestos Claim for which an alleged asbestos-related injury has not manifested, become evident, or been diagnosed as of the date the Confirmation Order is entered by the Court; for the avoidance of doubt, Future Asbestos Claims do not include Post-Confirmation Asbestos Claims.

(ww) “Future Claimants’ Representative” or “FCR” means Lawrence Fitzpatrick (or any court-appointed successor), appointed as the legal Representative to represent the interests of, appear on behalf of, and be a fiduciary to the Holders of Future Asbestos Claims, as set forth in the Order Appointing Lawrence Fitzpatrick as Legal Representative for Future Claimants [Docket No. 99], or another Person that may be identified in the Plan Supplement and appointed by the Court as the legal Representative on the Effective Date.

(xx) “GUC Trust” has the meaning assigned to such term in the Plan.

(yy) “GUC Trust Assets” has the meaning assigned to such term in the Plan.

(zz) “GUC Trust Seed Funding Amount” has the meaning assigned to such term in the Plan.

(aaa) “Holder” means the Person that is the record owner of a Claim, Equity Interest or Post-Confirmation Asbestos Claim, as applicable.

(bbb) “HPCI” means Hanson Permanente Cement, Inc.

(ccc) “Insurance Policy” means any insurance policy under which any Debtor or Affiliate of the Debtors has or had indemnity, defense, or other insurance coverage, whether known or unknown, that actually or potentially provides insurance coverage for any Claim, including but not limited Asbestos Insurance Policies, Environmental Insurance Policies (as defined in the Plan), and any other policies listed in the Plan Supplement.

(ddd) “IRC” means the Internal Revenue Code of 1986, as amended, and any applicable regulations (including temporary and proposed regulations) promulgated thereunder by the United States Treasury Department.

(eee) “Judgment Offer” means any pre-judgment offer of settlement by the Settlement Facility to a Litigation Option Claimant to settle a Litigation Option Claim.

(fff) “Kaiser” means Kaiser Gypsum Company, Inc.

(ggg) “Lehigh Hanson” means Lehigh Hanson, Inc.

(hhh) “Lehigh Hanson Contribution” means a $49 million Cash payment by Lehigh Hanson to the Settlement Facility on the Effective Date.

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(iii) “Litigation Expenses” means costs incurred in defending against a particular Litigation Option Claim. Litigation Expenses shall include fees for defense attorneys, other advisors, testifying and consulting experts, court costs, and any other costs attributable to particular Litigation Option Claims. For the avoidance of doubt, Litigation Expenses do not include any fees or costs incurred by a Claimant in pursuing a Claim.

(jjj) “Litigation Option” means the option of each Holder of an Unresolved Asbestos Claim or Pre-Confirmation Judgment Asbestos Claim (the latter under certain circumstances described herein and in the Plan) to elect to have his or her Claim Allowed through litigation against the Reorganized Debtors after the Confirmation Date pursuant to the CMO.

(kkk) “Litigation Option Claim” means an Unresolved Asbestos Claim or Pre-Confirmation Judgment Asbestos Claim whose Holder elects the Litigation Option.

(lll) “Litigation Option Claimant” means the Holder of a Litigation Option Claim.

(mmm)“Litigation Option Expenditures” means, with respect to any Litigation Option Claim, all Litigation Expenses incurred by the Settlement Facility, plus the Allowed Amount (if Allowed) of such Litigation Option Claim whether determined by Final Order or by settlement between the Settlement Facility or a Non-Truck Asbestos Insurer, as applicable, within the limits of their authority as defined by the Plan and the Litigation Option Claimant.

(nnn) “Matrix Amount” means, as to any Asbestos Claim, the value assigned to such Claim by the Settlement Facility after completion of the process and calculations set forth in Appendix I (Basic Review) or Appendix II (Comprehensive Review) to the CRP, as applicable.

(ooo) “Net Class B Distributions” means that portion, if any, of the distributions with respect to the Class B Beneficial Interests determined by the Reorganized Debtors to be in excess of the amount required to pay Uninsured Asbestos Claims and related Litigation Expenses.

(ppp) “New Equity Interests” means the new common stock issued by Reorganized Kaiser and Reorganized HPCI to the Settlement Facility pursuant to the provisions of the Plan.

(qqq) “Non-Released Party” means any Person that is not a Released Party, including, without limitation, any Non-Truck Asbestos Insurer that is not a Participating Non-Truck Asbestos Insurer and Lehigh Hanson if it does not make the Lehigh Hanson Contribution.

(rrr) “Non-Truck Asbestos Insurance Policy” means any Asbestos Insurance Policy other than the Truck Asbestos Insurance Policies.

(sss) “Non-Truck Asbestos Insurer” means any Asbestos Insurance Entity other than Truck.

(ttt) “Non-Truck Asbestos Insurer Contribution” means the amount, if any, agreed with the Non-Truck Asbestos Insurers, which amount shall be set forth in the Plan Supplement.

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(uuu) “Participating Non-Truck Asbestos Insurers” means the Non-Truck Asbestos Insurers, set forth in the Plan Supplement, which make the Non-Truck Asbestos Insurer Contribution.

(vvv) “Person” means person, including without limitation, any individual, Entity, corporation, partnership, limited liability company, limited liability partnership, joint venture, association, joint stock company, estate, trust, unincorporated association or organization, official committee, ad hoc committee or group, governmental agency or political subdivision thereof, the Bankruptcy Administrator (as defined in the Plan), and any successors or assigns of any of the foregoing.

(www) “Petition Date” means September 30, 2016.

(xxx) “Plan” means the Second Amended Chapter 11 Plan of Reorganization for Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., Proposed by Truck Insurance Exchange (including all exhibits annexed hereto and the Plan Supplement), as it may be altered, amended, or modified from time to time in accordance with the provisions thereof and of the Bankruptcy Code and the Bankruptcy Rules proposed by Truck Insurance Exchange and confirmed by the Bankruptcy Court on [_____________], 2018.

(yyy) “Plan Documents” means the Plan, the Disclosure Statement and Plan Supplement, together with all exhibits, and either in their present form or as each may be amended, supplemented or otherwise modified from time to time.

(zzz) “Plan Proponent” means Truck, in its capacity as a proponent of the Plan.

(aaaa) “Plan Supplement” means the collection of Plan-related documents to be Filed with the Court, which may consist of one or multiple Filings.

(bbbb) “Post-Confirmation Asbestos Claim” means a claim against a Debtor, Reorganized Debtor or any Released Party, that would have been an Asbestos Claim except for the fact that such claim relates to or arises from first exposure to or first contact with, at any time after the Confirmation Date, asbestos or any products or materials containing asbestos that were mined, processed, consumed, used, stored, manufactured, fabricated, constructed, designed, engineered, sold, assembled, supplied, produced, specified, selected, distributed, released, maintained, repaired, purchased, owned, occupied, serviced, removed, replaced, disposed of, installed by, or in any way marketed by, or on behalf of any Debtor or any other Person (including any past or present Affiliate, predecessor, successor, or assign of any Debtor) for whose products or operations any Debtor allegedly has liability or is otherwise liable.

(cccc) “Post-Confirmation Asbestos Claimant” means the Holder of a Post-Confirmation Asbestos Claim.

(dddd) “Pre-Confirmation Judgment Asbestos Claim” means an Asbestos Claim against a Debtor evidenced by a written judgment entered before the Confirmation Date that was not yet subject to a Final Order as of the Confirmation Date.

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(eeee) “Pre-Confirmation Judgment Asbestos Claimant” means the Holder of a Pre-Confirmation Judgment Asbestos Claim.

(ffff) “Professional” means any Person employed or to be compensated pursuant to sections 327, 328, 330, 331, 503(b), or 1103 of the Bankruptcy Code.

(gggg) “Qualified Settlement Fund” or “QSF” means a qualified settlement fund as defined by Treasury Regulation Section 1.468B-1 et seq.

(hhhh) “Related” means, with respect to an Asbestos Claim, all Asbestos Claims based on a particular injured party’s injury (such as Claims by the injured party, his or her estate, and family members with loss of consortium, wrongful death, or similar related Claims).

(iiii) “Released Claims” mean (a) any and all claims that are or would have been property of any Debtor’s Estate against any Released Party, including, without limitation, pursuant to Chapter 5 of the Bankruptcy Code, any one or more of 11 U.S.C. §§ 502, 510, 541, 542, 543, 544, 545, 547, 548, 549, 550, 551, or 553; (b) any and all claims that are or would have been property of any Debtor’s Estate against any Released Party arising under any non-bankruptcy law relating to allegedly preferential or fraudulent transfers or relating to any allegedly unlawful payments or transfers or distributions of property to such Released Party; (c) any and all claims that are or would have been property of any Debtor’s Estate, regardless of the legal theory upon which such claim may be predicated, by which any Released Party is asserted to be or have been derivatively liable for any Claim, including, without limitation, any Asbestos Claim including, without limitation, any claim arising under a theory that (i) any Released Party is a successor to any Debtor, (ii) any Debtor’s separate corporate existence should be disregarded, or (iii) any Released Party is an alter ego of any Debtor, and (d) any and all claims in (a)-(c) above where, in the absence of the Debtors’ Chapter 11 Cases, such claims might, under substantive law of any jurisdiction, have been treated as claims maintainable not only by the Debtors or the Debtors’ Estates themselves, but by Creditors (as defined in the Plan) of or Claimants against the Debtors. For the avoidance of doubt, Released Claims shall not include any claim against any Released Party that is based on (a) such Released Party’s liability under an Environmental Insurance Policy (as defined in the Plan), (b) such Released Party’s independent liability to any Person for a Claim that would not be an Asbestos Claim in these Chapter 11 Cases if it were to be asserted directly against one or more Debtors or (c) claims and obligations to the extent preserved under the Plan, the CRP or the CMO.

(jjjj) “Released Party” means any of the following:

(i) the Reorganized Debtors;

(ii) if Lehigh Hanson supports the Plan and makes the Lehigh Hanson Contribution, Lehigh Hanson and its current and former Affiliates (other than the Reorganized Debtors and their subsidiaries);

(iii) the Settlement Facility;

(iv) the FCR;

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(v) Truck;

(vi) the Participating Non-Truck Asbestos Insurers;

(vii) any Person that, pursuant to the Plan or otherwise on or after the Effective Date, becomes a direct or indirect transferee of, or successor to, any of the Debtors, the Reorganized Debtors, the Affiliates of the Debtors (if Lehigh Hanson supports the Plan and makes the Lehigh Hanson Contribution) or Reorganized Debtors, or any of their respective Assets, to the extent that any liability on account of Asbestos Claims is asserted to exist as a result of its becoming such a transferee or successor; and

(viii) the Representatives of each of the foregoing, respectively, but only to the extent that any liability is asserted to exist as a result of the Representative being, or acting in the capacity as, a Representative of one or more of the aforementioned Persons.

(kkkk) “Reorganized Debtors” means Reorganized Kaiser and Reorganized HPCI.

(llll) “Reorganized HPCI” means HPCI from and after the Effective Date.

(mmmm) “Reorganized Kaiser” means Kaiser from and after the Effective Date.

(nnnn) “Representatives” means, (a) with respect to any Entity, the past, present, or future managers, directors, members, trustees, officers, employees, accountants (including independent registered public accountants), advisors, attorneys, consultants, or other agents, representatives, or professionals of that Entity, but only in their capacities as such, and (b) the firms or other Entities, other than the Debtors and their non-Debtor Affiliates, with whom the Representatives identified in part (a) are employed or associated, but only in such firms’ or Entities’ respective capacities as such.

(oooo) “Retained Causes of Action” has the meaning assigned to such term in the Plan.

(pppp) “Schedules” means the Schedules of Assets and Liabilities and Statement of Financial Affairs Filed by the Debtors with the clerk of the Bankruptcy Court pursuant to Bankruptcy Rule 1007, as they have been or may be amended or supplemented from time to time in accordance with Bankruptcy Rule 1009.

(qqqq) “Settled Asbestos Claim” means an Asbestos Claim that, as of the Petition Date, was subject to a settlement agreement enforceable under applicable law between a Debtor and the Holder of such Asbestos Claim, or for which a judgment has become a Final Order.

(rrrr) “Settlement Facility” or the “Trust” means the trust to be established in accordance with the Plan and this Settlement Facility Agreement that will, among other things, process, review, and pay Allowed Asbestos Claims.

(ssss) “Settlement Facility Accounts” means such accounts established by the Trustee pursuant to Section 4.1.

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(tttt) “Settlement Facility Assets” means (a) the Settlement Facility Contributions, (b) the New Equity Interests, (c) the Retained Causes of Action, (d) the right to repayment of the GUC Trust Seed Funding Amount, (e) reimbursement amounts due from the Reorganized Debtors pursuant to the provisions of Section 6.1.3(f) of the Plan, (f) reimbursement amounts due from the Non-Truck Asbestos Insurers pursuant to the provisions of Section 6.1.5(c) of the Plan and (g) the Net Class B Distributions.

(uuuu) “Settlement Facility Backstop Loan” means the commitment by the Settlement Facility to the Reorganized Debtors entered into on the Effective Date to fund shortfalls of payments due by the Reorganized Debtors pursuant to Section 6.1.3 of the Plan. Such loan shall be in an amount not to exceed the sum of (a) $25 million plus (b) the amount of any Cash distributions from the Reorganized Debtors to the Settlement Facility, and shall not bear interest and shall only be repaid from Cash available to the Reorganized Debtors on account of the Class B Beneficial Interests or the liquidation or operation of other assets revested in the Reorganized Debtors on the Effective Date. A copy of the loan agreement will be set forth in the Plan Supplement.

(vvvv) “Settlement Facility Contributions” means (a) the Truck Structured Settlement Contribution; (b) if Lehigh Hanson supports the Plan and makes the Lehigh Hanson Contribution, the Lehigh Hanson Contribution; and (c) for any Participating Non-Truck Asbestos Insurer that supports the Plan and makes the Non-Truck Asbestos Insurer Contribution, the Non-Truck Asbestos Insurer Contribution made by such Participating Non-Truck Asbestos Insurer.

(wwww) “Settlement Facility Expenses” means the administrative and other expenses incurred by the Settlement Facility in performing its obligations under the Plan and this Settlement Facility Agreement.

(xxxx) “Settlement Facility Limit” means:

(i) For any Litigation Option Claim settled by the Settlement Facility before judgment (if the Settlement Facility has not tendered defense against such Asbestos Claim to the Non-Truck Asbestos Insurers, or such defense has been tendered but the Non-Truck Asbestos Insurers have not accepted such defense), the greater of (x) Basic Review CRP Amount or (y) Comprehensive Review CRP Amount.

(ii) For any Litigation Option Claim settled by the Non-Truck Asbestos Insurers after the Settlement Facility has tendered defense against such Asbestos Claim to the Non-Truck Asbestos Insurers and such defense has been accepted, the lesser of (x) the amount of any settlement with the Litigation Option Claimant and (y) the Truck Policy Limit.

(iii) For any Litigation Option Claim settled by the Settlement Facility after judgment, the amount of the judgment, including any interest and costs awarded.

(yyyy) “Settlement Facility Payment Obligations” means the payment of all Allowed Asbestos Claims (subject to all Asbestos Contribution Rights, and subject to the terms of this Settlement Facility Agreement, the Plan, the CRP and, for Litigation Option Claims, the CMO) and Litigation Expenses related to any Litigation Option Claim (other than those incurred after the

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Settlement Facility tenders defense against a Litigation Option Claim to the Non-Truck Asbestos Insurers and such defense is accepted). The Settlement Facility shall not be responsible for the payment of Uninsured Asbestos Claims other than Litigation Expenses and Deductibles as to which the Settlement Facility shall retain a claim for reimbursement or contribution against the Reorganized Debtors.

(zzzz) “Settlement Review” means the evaluation by the Settlement Facility, under Basic Review or Comprehensive Review, of each Unresolved Asbestos Claim or Post-Confirmation Asbestos Claim submitted to the Settlement Facility under the processes and procedures established by the CRP to determine whether a Settlement Offer should be extended on account of such Claim and, if so, the amount of such Settlement Offer.

(aaaaa) “Settlement Review Claim” means an Unresolved Asbestos Claim or Pre-Confirmation Judgment Asbestos Claim submitted to the Settlement Facility for Settlement Review, which will therefore be processed and (if Allowed) paid by the Settlement Facility.

(bbbbb) “Settlement Review Claimant” means the Holder of a Settlement Review Claim.

(ccccc) “Truck” has the meaning assigned to such term in the Plan.

(ddddd) “Truck Asbestos Insurance Policy” means any Asbestos Insurance Policy issued by Truck to any of the Debtors.

(eeeee) “Truck Structured Settlement Contribution” has the meaning assigned to such term in the Plan.

(fffff) “Truck Policy Limit” means, as to any Asbestos Claim, the per claim occurrence limit under the Truck Asbestos Insurance Policy with the lowest occurrence limit applicable to such Asbestos Claim , in conformance with the Excess CIP Agreement and all applicable Final Orders addressing coverage under the Asbestos Insurance Policies.

(ggggg) “Trustee” shall mean the individual or individuals named on the signature page hereof, and any individual or individuals appointed as successor trustees pursuant to the provisions of this Settlement Facility Agreement.

(hhhhh) “Uninsured Asbestos Claim” has the meaning assigned to such term in the Plan.

(iiiii) “Unresolved Asbestos Claim” means an Asbestos Claim that is not a Settled Asbestos Claim or a Pre-Confirmation Judgment Asbestos Claim, including without limitation, Claims that are subject to litigation pending in courts other than the Bankruptcy Court as of the Effective Date and that are not the subject of a settlement or Final Order.

(jjjjj) “Unresolved Asbestos Claimant” means the Holder of an Unresolved Asbestos Claim.

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Article 2.

AGREEMENT OF TRUST

2.1 Creation and Name. The Reorganized Debtors hereby create a trust known as the “Kaiser Gypsum Settlement Facility” as a North Carolina trust, effective as of the Effective Date. The Trustee shall transact the business and affairs of the Settlement Facility in the name “Kaiser Gypsum Settlement Facility.”

2.2 Purpose. The purposes of the Settlement Facility are to:

(a) assume full responsibility, pursuant to the Plan, this Settlement Facility Agreement, and the CRP, for processing and reviewing Settled Asbestos Claims and Settlement Review Claims;

(b) make payments of Allowed Settled Asbestos Claims and Allowed Settlement Review Claims, in accordance with the Plan, this Settlement Facility Agreement, and the CRP;

(c) collect, invest, and distribute funds for the benefit of Holders of Settlement Review Claims;

(d) pay expenses and costs, including Settlement Facility Expenses, in accordance with the terms of this Settlement Facility Agreement, the CRP, and the Plan;

(e) for Asbestos Claimants that submit their Unresolved Asbestos Claims for Comprehensive Review, determine the Comprehensive Review CRP Amount for such Unresolved Asbestos Claims and attempt to settle such Unresolved Asbestos Claims for each such Asbestos Claim’s Comprehensive Review CRP Amount;

(f) for Asbestos Claimants that submit their Unresolved Asbestos Claims for Basic Review, determine the Basic Review CRP Amount for such Unresolved Asbestos Claims and attempt to settle such Unresolved Asbestos Claims for each such Asbestos Claim’s Basic Review CRP Amount;

(g) for Post-Confirmation Asbestos Claimants that submit their Post-Confirmation Asbestos Claims for Comprehensive Review, determine the Comprehensive Review CRP Amount for such Post-Confirmation Asbestos Claims and attempt to settle such Post-Confirmation Asbestos Claims for each such Post-Confirmation Asbestos Claim’s Comprehensive Review CRP Amount, provided, however, that the Comprehensive Review CRP Amount shall be paid by the Reorganized Debtors and not the Settlement Facility;

(h) for Post-Confirmation Asbestos Claimants that submit their Post-Confirmation Asbestos Claims for Basic Review, determine the Basic Review CRP Amount for such Post-Confirmation Asbestos Claims and attempt to settle such Post-Confirmation Asbestos Claims for each such Post-Confirmation Asbestos Claim’s Basic Review CRP Amount, provided, however, that the Basic Review CRP Amount shall be paid by the Reorganized Debtors and not the Settlement Facility;

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(i) for Litigation Option Claims, defend against such Claims (except to the extent that the Settlement Facility tenders defense against a Litigation Option Claim to the Non-Truck Asbestos Insurers and such defense is accepted) and pay Litigation Option Expenditures as required by this Settlement Facility Agreement, the CRP and the Plan;

(j) defend the Reorganized Debtors and the Released Parties, and their Representatives, from any Asbestos Claims asserted against them and indemnify such Persons from any losses associated with such Claims, other than, as to the Reorganized Debtors and their Representatives, losses associated with Uninsured Asbestos Claims;

(k) at all times qualify as a Qualified Settlement Fund (“QSF”) pursuant to Section 468B of the Internal Revenue Code and the Treasury Regulations promulgated thereunder; and

(l) otherwise carry out the provisions of this Settlement Facility Agreement, the CRP, the Plan, and any other agreements into which the Trustee has entered or will enter in connection with the Plan.

2.3 Claims Resolution Procedures. In furtherance of the purposes of the Settlement Facility, as set forth above in Section 2.2, the Trustee shall be responsible for supervising and administering payment of Allowed Settled Asbestos Claims, Allowed Settlement Review Claims and Allowed Litigation Option Claims pursuant to the CRP, defending against Litigation Option Claims pursuant to the CMO, and performing all other purposes of the Settlement Facility.

2.4 Transfer of Assets. On the Effective Date, Truck shall transfer to the Settlement Facility the portion of the Truck Structured Settlement Contribution due on the Effective Date, and the New Equity Interests shall be issued to the Settlement Facility. [Also on the Effective Date, Lehigh Hanson shall transfer the Lehigh Hanson Contribution to the Settlement Facility and the Participating Non-Truck Asbestos Insurers shall transfer to the Settlement Facility Cash in the aggregate amount of $[____]]. Truck shall transfer additional Cash to the Settlement Facility on each anniversary of the Effective Date (i.e., the portion of the Truck Structured Settlement Contribution to be paid subsequent to the Effective Date) as provided in the Plan. The Settlement Facility Assets shall be administered, held and distributed in accordance with the terms of this Settlement Facility Agreement, the CRP, and the Plan.

2.5 Allocation of Funds. The funds of the Settlement Facility shall be distributed to Asbestos Claimants and allocated for administrative and other expenses and costs in accordance with the terms of this Settlement Facility Agreement, the CRP, and the Plan.

2.6 Acceptance of Assets and Assumption of Liabilities.

(a) In connection with and in furtherance of the purposes of the Settlement Facility, the Trustee, in his capacity as trustee of the Settlement Facility, hereby expressly accepts the transfer, issuance and assignment, as applicable, to the Settlement Facility of the Settlement Facility Contributions and the New Equity Interests at the time and in the manner contemplated by the Plan and this Settlement Facility Agreement.

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(b) In furtherance of the purposes of the Settlement Facility, the Trustee, solely in his capacity as trustee of the Settlement Facility, hereby expressly assumes liability for all Settlement Facility Payment Obligations, Settlement Facility Expenses, Litigation Expenses, and other liabilities or obligations that are to be assumed by the Settlement Facility under the Plan or this Settlement Facility Agreement. For the avoidance of doubt, the liablities assumed by the Settlement Facility and the Trustee (solely in his capacity as trustee of the Settlement Facility) exclude any liability for Post-Confirmation Asbestos Claims.

Article 3.

POWERS, TRUST ADMINISTRATION & REPORTING

3.1 Powers.

(a) The Trustee is and shall act as a fiduciary to the Settlement Facility in accordance with the provisions of this Settlement Facility Agreement, the Plan and applicable law. The Trustee shall, at all times, administer the Settlement Facility in accordance with Article 3 of this Settlement Facility Agreement. Subject to the limitations set forth in this Settlement Facility Agreement, the CRP, the CMO and the Plan, the Trustee shall have the power to take any and all actions that, in his/her reasonable judgment, are necessary, proper or convenient to effectuate the purposes of the Settlement Facility, including, without limitation, each power expressly granted in this Section 3.1, any power reasonably incidental thereto, and any trust power now or hereafter permitted under applicable law. Notwithstanding the foregoing, any modification or amendment of the CRP or the CMO, or any modification or amendment of this Settlement Facility Agreement that alters the criteria, procedures, or payment of Allowed Asbestos Claims, including without limitation any modification to the Matrix Amounts or medical criteria, shall require the consent of Truck.

(b) Except as required by applicable law or as otherwise specified herein, the Trustee need not obtain the order or approval of any court in the exercise of any power or discretion conferred hereunder.

(c) Without limiting the generality of Section 3.1(a) above, and except as limited herein, the Trustee shall have the power to:

(i) hold, administer, and distribute the Settlement Facility Assets in accordance with the CRP;

(ii) invest and reinvest the Settlement Facility Assets and other monies held from time to time by the Settlement Facility;

(iii) delegate any or all of the authority herein conferred with respect to the investment of all or any portion of the Settlement Facility Assets to any one or more reputable individuals or recognized institutional investment advisors or investment managers without liability for any action taken or omission made because of any such delegation, except to the extent it constitutes willful misconduct;

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(iv) administer the Settlement Facility, including the consideration of Asbestos Claims, in accordance with this Settlement Facility Agreement, the CRP, and the Plan;

(v) administer and implement the CRP and the terms of this Settlement Facility Agreement all in accordance with the terms thereof;

(vi) settle Settlement Review Claims at the applicable Claim’s Comprehensive Review CRP Amount or Basic Review CRP Amount, so that such Claims become Allowed;

(vii) settle Post-Confirmation Asbestos Claims that are submitted for Settlement Review at the applicable Post-Confirmation Asbestos Claim’s Comprehensive Review CRP Amount of Basic Review CRP Amount as if each such Post-Confirmation Asbestos Claim was an Unresolved Asbestos Claim;

(viii) pay Allowed Asbestos Claims that are the responsibility of the Settlement Facility, including any such Claims that are Allowed pursuant to Settlement Review or the Litigation Option;

(ix) defend against Litigation Option Claims;

(x) settle Litigation Option Claims (whether prior to or after a judgment) up to the Settlement Facility Limit and, if the Non-Truck Asbestos Insurers consent and agree to pay an amount above the Settlement Facility Limit, to settle any Litigation Option Claims for the amount agreed by the Non-Truck Asbestos Insurers above the Settlement Facility Limit, with the Non-Truck Asbestos Insurers paying such amount in excess of the Settlement Facility Limit;

(xi) pay Settlement Facility Expenses and other liabilities and expenses of the Settlement Facility;

(xii) pursue contribution, reimbursement and similar claims against the Reorganized Debtors, the Non-Truck Asbestos Insurers, and any other third party alleged to be liable for Asbestos Claims, other than with respect to Released Claims;

(xiii) acquire, own, lease, and convey real and personal property as deemed necessary or desirable;

(xiv) adopt and amend by-laws and other rules and procedures not inconsistent with this Settlement Facility Agreement, the CRP, the CMO and the Plan;

(xv) sell, transfer, or exchange any or all of the Settlement Facility Assets at such prices and upon such terms as the Trustee may consider proper and consistent with the other terms of this Settlement Facility Agreement;

(xvi) establish such funds, reserves and accounts in the name of the Settlement Facility, as useful in carrying out the purposes of the Settlement Facility;

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(xvii) sue and be sued and participate, as a party or otherwise, in any judicial, administrative, arbitrative, or other proceeding or legal action;

(xviii) defend against and pay all costs and fees (including attorneys’ fees) for the defense of any and all claims that relate to the operations of the Settlement Facility and the actions of its employees and agents;

(xix) appoint such officers and hire such employees and engage such legal, financial, accounting, investment, auditing and forecasting, and other consultants and agents as the business of the Settlement Facility requires, and to delegate to such persons such powers and authorities as the fiduciary duties of the Trustee permit and as the Trustee, in his/her discretion, deems advisable or necessary in order to carry out the terms of the Settlement Facility;

(xx) pay employees, legal, financial, accounting, investment, auditing and forecasting, and other consultants, advisors, and agents reasonable compensation, including without limitation, compensation at rates approved by the Trustee for services rendered prior to the execution hereof;

(xxi) earn reasonable compensation and compensate the FCR and CAC members and reimburse out-of-pocket costs and expenses authorized by this Settlement Facility Agreement;

(xxii) execute and deliver such instruments proper in administering the Settlement Facility;

(xxiii) enter into such other arrangements with third parties as are deemed useful in carrying out the purposes of the Settlement Facility, provided that such arrangements do not conflict with any other provision of the Plan, the Confirmation Order, this Settlement Facility Agreement, the CMO or the CRP;

(xxiv) indemnify the Persons to be indemnified under Section 3.5 to the fullest extent that a corporation or trust organized under the laws of the State of North Carolina is from time to time entitled to indemnify and/or insure its officers, employees, and agents;

(xxv) purchase insurance for the Settlement Facility and those Persons for whom the Settlement Facility has an indemnification obligation hereunder;

(xxvi) consult with the FCR, the CAC and Truck, or their successors at such times and with respect to such issues relating to the conduct of the Settlement Facility as the Trustee considers desirable;

(xxvii) procure insurance policies and establish claims handling agreements and other arrangements as provided in this Settlement Facility Agreement;

(xxviii)obtain a tax identification number for the Settlement Facility, communicate with the IRS and state and local taxing authorities on behalf of the Settlement

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Facility, make payment of taxes on behalf of the Settlement Facility, and file all applicable tax returns for the Settlement Facility;

(xxix) determine and apply the “Maximum Annual Payment” as provided in the CRP;

(xxx) increase or decrease Matrix Amounts for the purpose of ensuring substantially equivalent treatment of all present and future Settlement Review Claims, as provided in the CRP;

(xxxi) determine that increases in Matrix Amounts are too little to warrant payments to Settlement Review Claimants already paid, as provided in the CRP;

(xxxii) establish a “Trust Claims Payment Ratio” as provided in the CRP;

(xxxiii) develop and modify Claim Forms and claim filing procedures;

(xxxiv) establish procedures for Medicare reporting and to protect the Settlement Facility from Medicare reimbursement claims;

(xxxv) designate Settlement Review Claims as Hardship Claims as provided in the CRP;

(xxxvi) respond to subpoenas;

(xxxvii) make the Administrative Expense and Priority Claim Loan, the Settlement Facility Backstop Loan and a loan to the GUC Trust for the GUC Trust Seed Funding Amount; and

(xxxviii) do all other acts and things not inconsistent with the provisions of this Settlement Facility Agreement, the CRP, the CMO, the Plan, or applicable law.

(d) The Trustee shall not have the power to guarantee any debt of any other Person.

3.2 General Administration and Obligations of the Trustee.

(a) Tax Returns and Reports.

(i) The Trustee shall cause to be obtained, at the cost and expense of the Settlement Facility, a Federal Employer Identification Number (“FEIN”), and relevant state tax identification numbers, for the Settlement Facility and shall cause such income tax and other returns and statements as are required by the applicable provisions of the IRC and the Treasury Regulations and such other state or local laws and regulations as may be applicable to be timely filed on behalf of the Settlement Facility on the basis of a December 31 year end. The Trustee shall take all steps necessary to ensure that any tax obligations imposed upon the Settlement Facility are paid and shall otherwise comply with Section

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1.468B-2 of the Treasury Regulations and all other reporting obligations of the Settlement Facility. The Trustee shall comply with all applicable withholding obligations as required under the applicable provisions of the IRC and such other state and local laws as may be applicable, and the regulations promulgated thereunder.

(ii) The Trustee shall cause the Settlement Facility to qualify and maintain qualification as a QSF.

(iii) Within seventy-five (75) days (or earlier if required by law) after the end of each calendar year, the Settlement Facility shall cause to be prepared and mailed such information as required by law to enable payees to complete and file each of their respective federal, state and local income and other tax returns. The Trustee also shall provide a copy of any filed tax returns of the Settlement Facility to the FCR and CAC when such return is filed.

(b) Reports. The Trustee shall prepare and file with the Bankruptcy Court the following reports, and the Trustee shall provide a copy of such reports to the FCR, CAC and Truck when such reports are filed with the Bankruptcy Court:

(i) Financial Reports. As soon as available, but, in any event, no later than one hundred twenty (120) days following the end of each fiscal year, the Trustee shall cause to be prepared an annual report containing financial statements of the Settlement Facility (including, without limitation, a balance sheet of the Settlement Facility as of the end of such fiscal year, a statement of operations for such fiscal year, and information required by Section 5.5(c)) audited by a firm of independent registered public accountants selected by the Trustee and accompanied by an opinion of such firm that such financial statements present fairly in all material respects the financial position of the Settlement Facility as of such year end and the results of its operations as of the year then ended in conformity with accounting principles generally accepted in the United States.

(ii) Claim Administration Reports. As soon as available, but, in any event, no less frequently than every later than sixty (60) following the Effective Date, the Trustee shall cause to be prepared a report that provides a summary of the number and amount of Asbestos Claims submitted to and paid by the Settlement Facility and the number and amount of Litigation Option Expenditures made by the Settlement Facility, with all such information classified by disease type.

(iii) Pursuant to section 107(a) of the Bankruptcy Code, all materials required by this Section 3.2(b) shall be filed in the Chapter 11 Cases on the docket of the Bankruptcy Court and, accordingly, shall be public records and open to examination by an Entity at reasonable times without charge.

(c) The Trustee and all parties to this Settlement Facility Agreement agree to cooperate to the maximum extent reasonably possible in conducting any matters involving taxes, including the preparation of any necessary tax returns or reports, the furnishing of information necessary to prepare tax returns or reports, the administration of any tax audit or review, and the conduct of any tax contest. If it shall become necessary to contest any disputed tax, the party

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primarily liable for such potential tax liability shall be entitled to control such contest, and the other parties shall cooperate with such controlling party to the maximum extent reasonably possible.

(d) The Trustee shall cause to be prepared as soon as practicable prior to the commencement of each fiscal year a budget and cash flow projections covering such fiscal year. The Trustee shall provide a copy of the budget and cash flow to the FCR, CAC and Truck. Thirty (30) days prior to each such anniversary of the Effective Date, the Trustee shall provide to Truck, with a copy to the FCR, the CAC and Truck, the accounting required to calculate the amount of the additional Cash required to be paid by Truck on the then upcoming anniversary; Truck shall not be under an obligation to fund additional Cash absent such accounting.

(e) The Trustee shall consult with the FCR and CAC and may, at a regular meeting or specially called meeting or otherwise, seek information and advice from the CAC and the FCR (i) on the implementation and administration of the CRP, (ii) on the implementation and administration of the Settlement Facility and (iii) on any other matter the Trustee wishes. The Trustee shall meet with the FCR and CAC not fewer than four (4) times each calendar year during the first two (2) years following the Effective Date and then two (2) times each calendar year thereafter, which shall be at a regular or special meeting as mutually agreed to by the Trustee, FCR, and CAC, to discuss general matters regarding the administration of the Settlement Facility, the review, allowance, and payment of Claims and the condition of the Settlement Facility Assets.

(f) In addition to the other provisions contained in this Settlement Facility Agreement or in the CRP, including the requirement for consent from Truck for certain amendments and modifications, the Trustee shall be required to obtain the approval of the Bankruptcy Court, following consultation with the FCR and CAC, to:

(i) amend any provision of this Settlement Facility Agreement;

(ii) terminate the Settlement Facility pursuant to Section 8.2 hereof;

(iii) change the compensation of the Trustee (other than mere cost-of- living increases); or

(iv) amend or modify the CRP (unless otherwise provided in the CRP).

(g) The Trustee shall consult with the FCR and CAC before:

(i) adopting or amending by-laws and other rules and procedures;

(ii) selling, transferring, or exchanging any or all of the Settlement Facility Assets;

(iii) suing or participating, as a party or otherwise (not including responding to discovery requests or subpoenas), in any judicial, administrative, arbitrative, or other proceeding or legal action;

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(iv) defending against or paying costs and fees (including attorneys’ fees) for the defense of any and all claims that relate to the operations of the Settlement Facility and the actions of its employees and agents;

(v) indemnifying the Persons to be indemnified under Section 3.5;

(vi) procuring insurance policies or establishing claims handling agreements and other arrangements as provided in Section 8.2 of this Settlement Facility Agreement;

(vii) making payment of taxes on behalf of the Settlement Facility;

(viii) increasing or decreasing Matrix Amounts for the purpose of ensuring substantially equivalent treatment of all present and future Settlement Review Claims, as provided in the CRP;

(ix) determining that increases in Matrix Amounts are too little to warrant payments to Settlement Review Claimants already paid, as provided in the CRP;

(x) establishing a Trust Claims Payment Ratio as provided in the CRP; or

(xi) establishing procedures other than those set forth in the CRP for Medicare reporting or to protect the Settlement Facility from Medicare reimbursement claims.

(h) The Trustee, upon notice from the FCR and CAC requesting consideration of one or more issues, shall at the next regular meeting or, if appropriate, at a specially called meeting, place on the agenda and consider such issues.

3.3 Claims Administration. All Unresolved Asbestos Claims will be submitted to and administered by the Settlement Facility pursuant to and in accordance with the CRP.

(a) Determination and Payment of Allowed Settlement Review Claims. The Settlement Facility shall consider and make determinations whether Settlement Review Claims should be Allowed in accordance with this Settlement Facility Agreement. Allowed Settlement Review Claims shall be paid in full, in Cash, by the Settlement Facility or the Reorganized Debtors, subject to all Asbestos Contribution Rights. This Settlement Facility Agreement and the CRP provide the exclusive criteria for evaluating, liquidating, allowing, and paying Settlement Review Claims. Only those Settlement Review Claims that satisfy the eligibility criteria specified in the CRP are eligible to become Allowed Settlement Review Claims and receive payment.

(b) Litigation Option Claims. To be eligible for the Litigation Option, all Claims that are Related to an Asbestos Claim must also be submitted for Comprehensive Review or Basic Review and, in accordance with the CRP, must elect the Litigation Option. Conversely, if any Claimant elects to settle an Asbestos Claim pursuant to the Settlement Review, all Related Claims shall be ineligible for the Litigation Option. If, following Comprehensive Review or Basic Review of a Settlement Review Claim and in accordance with the CRP and the CMO, the Holder

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of such Settlement Review Claim proceeds with the Litigation Option and becomes a Litigation Option Claimant with a Litigation Option Claim, the Settlement Facility shall defend against such Litigation Option Claim, except to the extent that the Settlement Facility tenders defense against a Litigation Option Claim to the Non-Truck Asbestos Insurers and such defense is accepted, in which case such Non-Truck Asbestos Insurers shall assume such defense and pay Litigation Expenses in accordance with the Asbestos Insurance Policies. The Settlement Facility may make Judgment Offers to any Litigation Option Claimant up to the Settlement Facility Limit. If the Non-Truck Asbestos Insurers consent and agree to pay any amounts above the Settlement Facility Limit, the Settlement Facility may make Judgment Offers above the Settlement Facility Limit. Upon Allowance of a Litigation Option Claim the Settlement Facility or the Reorganized Debtors shall, in accordance with and subject to the limitations of this Settlement Facility Agreement, the CMO and the CRP, pay such Allowed Litigation Option Claim, subject to all Asbestos Contribution Rights. This Settlement Facility Agreement, the CRP and the CMO provide the exclusive criteria for evaluating, liquidating, allowing, and paying Litigation Option Claims. In no event shall the Settlement Facility be obligated to or have authority to pay a Litigation Option Claimant an amount above the Settlement Facility Limit on account of a Litigation Option Claim that is Allowed by settlement. If a Litigation Option Claim is Allowed by a Final Judgment, then the Settlement Facility or the Reorganized Debtors shall pay the Allowed Amount of such Claim, subject to all Asbestos Contribution Rights; provided, however, that if defense of such Claim was tendered to and accepted by the Non-Truck Asbestos Insurers, in which case the Settlement Facility or the Reorganized Debtors will pay such Claim up to the Truck Policy Limit, subject to all Asbestos Contribution Rights, with any excess to be paid by the Non-Truck Asbestos Insurers in accordance with the Asbestos Insurance Policies. Any Judgment Offer shall be in the form of an offer of judgment under Federal Rule of Civil Procedure 68 and Bankruptcy Rule 7068. The Reorganized Debtors shall be responsible for payment of Allowed Uninsured Asbestos Claims; if the Settlement Facility pays Deductibles and Litigation Expenses related to such Uninsured Asbestos Claims, the Reorganized Debtors shall reimburse the Settlement Facility for such payments from and to the extent that funds are available to the Reorganized Debtors.

(c) Determination and Payment of Allowed Settled Asbestos Claims. The Settlement Facility shall consider and make determinations whether Settled Asbestos Claims should be Allowed in accordance with this Settlement Facility Agreement and the CRP. Allowed Settled Asbestos Claims shall be paid in full, in Cash, by the Settlement Facility or the Reorganized Debtors pursuant to the terms of the CRP, subject to all Asbestos Contribution Rights. This Settlement Facility Agreement and the CRP provide the exclusive criteria for evaluating, liquidating, allowing, and paying Settled Asbestos Claims.

(d) Pre-Confirmation Judgment Asbestos Claims. All Pre-Confirmation Judgment Asbestos Claimants may choose the Settlement Review by filing a Claim Form and becoming Settlement Review Claimants. If a Pre-Confirmation Judgment Asbestos Claimant decides to litigate the pending appeal of their judgment, they will be deemed Litigation Option Claimants. If such a Claimant decides to litigate a pending appeal and a judgment is reversed and such Claim is not dismissed or Disallowed as a result of such reversal (for example, if the Claim is remanded for new trial), the Claimant will be treated like any other Unresolved Asbestos Claimant provided, however, that any settlement offered by the Settlement Facility pursuant to the Settlement Review shall be reduced by the Litigation Expenses incurred in connection with appeal of the pre-confirmation judgment.

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(e) The Trustee may, in his/her discretion, implement such additional procedures and routines as necessary to implement the CRP and make payments of Settlement Facility Payment Obligations consistent with the terms of this Settlement Facility Agreement, the CRP, the CMO (if applicable) and the Plan.

(f) The Settlement Facility shall pay all Settlement Facility Expenses incurred in connection with the administration of the Settlement Facility.

(g) Post-Confirmation Asbestos Claims. Post-Confirmation Asbestos Claimants shall not be subject to, or bound by, the Plan, the CRP or the CMO. However, Post-Confirmation Asbestos Claimants may elect to submit their Post-Confirmation Asbestos Claims to the Settlement Facility for Settlement Review pursuant to the procedures set forth in the CRP. The Settlement Facility shall not assume any liability for payment of Post-Confirmation Asbestos Claims, and any settlement offer extended to such Holders shall be paid by the Reorganized Debtors. Post-Confirmation Asbestos Claimants who either (i) have such claim rejected by the Settlement Facility or (ii) receive an offer from the Settlement Facility under the CRP and reject such offer shall be entitled to pursue all rights and remedies, if any, against the Reorganized Debtors.

3.4 Non-Released Parties.

(a) The Trustee shall use commercially reasonable efforts to attempt to cause the Non-Truck Asbestos Insurers to pay for any portion of an Allowed Asbestos Claim that is covered by the Non-Truck Asbestos Insurance Policies.

(b) The Settlement Facility and the Reorganized Debtors reserve all Asbestos Contribution Rights, including rights to recover any payments made to an Asbestos Claimant from the Non-Released Parties, including the Non-Truck Asbestos Insurers. The Settlement Facility shall pursue, and shall cause the Reorganized Debtors to pursue, all rights under the Non-Truck Asbestos Insurance Policies against the Non-Truck Asbestos Insurers, including any rights for contribution and reimbursement that may arise from the payment of Asbestos Claims by the Settlement Facility or the Reorganized Debtors.

3.5 Indemnification of the Reorganized Debtors, Released Parties, Trustee, FCR and Their Representatives.

(a) The Settlement Facility shall defend, indemnify, and hold harmless the Reorganized Debtors (other than the payment of Allowed Asbestos Claims pursuant to the Plan and the CRP), and the Released Parties, and their Representatives, from and against any and all losses arising out of, related to, or associated with any Asbestos Claims asserted, commenced or continued against the Reorganized Debtors, or any Released Party after the Effective Date other than, as to the Reorganized Debtors and their Representatives, losses associated with Uninsured Asbestos Claims

(b) The Settlement Facility shall defend, indemnify, and hold harmless the Trustee, the FCR, the CAC, their Representatives and the Released Parties to the fullest extent available under law against any and all liabilities, expenses, claims, damages or losses incurred by them in the performance of their duties hereunder. Notwithstanding the foregoing, none of the

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Trustee, the FCR, the CAC, their Representatives or the Released Parties shall be indemnified or defended in any way for any liability, expense, claim, damage, or loss as a result of their willful misconduct.

(c) Reasonable expenses, costs, and fees (including reasonable attorneys’ fees and costs) incurred by or on behalf of the Reorganized Debtors, any Released Party, the Trustee, the FCR, the CAC or their Representatives in connection with any action, suit, or proceeding, whether civil, administrative or arbitrative from which he or she is indemnified by the Settlement Facility pursuant to this Section 3.5, shall be paid by the Settlement Facility in advance of the final disposition thereof; provided, however, with respect to Section 3.2(b), such reasonable expenses, costs, and fees shall not be advanced for the benefit of any of the Trustee, the FCR, the CAC or their Representatives in litigation pertaining to the performance of their duties hereunder until such Person shall have delivered a written undertaking to the Settlement Facility to repay such reasonable expenses, costs, and fees advanced on such Person’s behalf in the event that it shall be determined ultimately by Final Order that such Person is not entitled to be indemnified by the Settlement Facility.

(d) The Trustee may purchase and maintain reasonable amounts and types of insurance on behalf of the Settlement Facility and pay any Person who is or was a Trustee, the FCR, or their Representatives against liability asserted against or incurred by such Person in the performance of such parties’ duties hereunder.

Article 4.

ACCOUNTS, INVESTMENTS, AND PAYMENTS

4.1 Accounts. The Trustee may, from time to time, establish and maintain such other accounts and reserves within the Settlement Facility Assets as he/she may deem necessary, prudent, or useful in order to provide for the payment of Allowed Asbestos Claims pursuant to the CRP and Settlement Facility Expenses payable hereunder in accordance with this Settlement Facility Agreement, the CRP, and the Plan, and may, with respect to any such account or reserve, restrict the use of monies therein.

4.2 Investments. Investment of monies held in the Settlement Facility shall be administered in the manner in which individuals of ordinary prudence, discretion, and judgment would act in the management of their own affairs, subject to the following limitations and provisions:

(a) The Settlement Facility shall not acquire, directly or indirectly, equity in any Entity or business enterprise if, immediately following such acquisition, the Settlement Facility would hold more than 5% of the equity in such Entity or business enterprise. The Settlement Facility shall not hold, directly or indirectly, more than 10% of the equity in any Entity or business enterprise.

(b) The Settlement Facility shall not acquire or hold any long-term debt securities unless (i) such securities are rated “A” or higher by Moody’s Investors Services, Inc. (“Moody’s”) or by Standard & Poor’s Corporation (“S&P”), or (ii) such securities have been

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issued or fully guaranteed as to principal and interest by the United States of America or any agency or instrumentality thereof.

(c) The Settlement Facility shall not acquire or hold any commercial paper unless such commercial paper is rated “P-1” or higher by Moody’s or “A-1” or higher by S&P or has been given an equivalent rating by another nationally recognized statistical rating agency.

(d) The Settlement Facility shall not acquire or hold any promissory note of a domestic corporation unless such note is rated “A” or higher by Moody’s or S&P.

(e) The Settlement Facility shall not acquire or hold any foreign or domestic banker’s acceptance, certificate of deposit, time deposit, or note, unless that instrument is rated “A” or higher by Moody’s or S&P.

(f) The Settlement Facility may acquire issue which is a direct or indirect obligation of any state, county, city or other qualifying entity. A short term issue may be rated no lower than “MIG 1” or “SP-1”; a long-term issue may be rated no lower than “A” by S&P or Moody’s.

(g) The Settlement Facility may invest in a money market fund if the fund has minimum net assets of [$2 billion].

(h) The Settlement Facility shall not acquire or hold any common or preferred stock or convertible securities unless such stock or securities are rated “A” or higher by Moody’s or “A” or higher by S&P’s.

(i) The Settlement Facility shall not acquire any securities or other instruments issued by any Person (other than debt securities or other instruments issued or fully guaranteed as to principal and interest by the United States of America or any agency or instrumentality thereof) if, following such acquisition, the aggregate fair market value as determined in good faith by the Trustee of all securities and instruments issued by such Person held by the Settlement Facility would exceed 2% of the aggregate value of the Settlement Facility. The Settlement Facility shall not hold any securities or other instruments issued by any Person (other than debt securities or other instruments issued or fully guaranteed as to principal and interest by the United States of America or any agency or instrumentality thereof) to the extent that the aggregate fair market value as determined in good faith by the Trustee of all securities and instruments issued by such Person and held by the Settlement Facility would exceed 5% of the aggregate value of the Settlement Facility.

(j) The Settlement Facility shall not acquire or hold any certificates of deposit unless all publicly-held, long-term debt securities, if any, of the financial institution issuing the certificate of deposit and the holding company, if any, of which such financial institution is a subsidiary, meet the standards set forth in Section 4.2(b).

(k) The Settlement Facility shall not acquire or hold any options or derivatives; provided, however, that the Settlement Facility may invest no more than 5% of the aggregate value of the Settlement Facility in multi-strategy hedge funds.

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(l) The Settlement Facility shall not acquire or hold any repurchase obligations unless, in the opinion of the Trustee, they are adequately collateralized.

(m) Notwithstanding the foregoing, the Settlement Facility may acquire and hold (A) the New Equity Interests, and (B) any other property or asset included in kind in the Settlement Facility Assets, in each case without regard to any of the limitations set forth in such clauses (a) through (l).

4.3 Source of Payments. All Settlement Facility Expenses and all liabilities with respect to each of the Settlement Facility Payment Obligations shall be payable by the Settlement Facility out of the Settlement Facility Accounts. Neither the Reorganized Debtors (except as provided in the Plan, the CRP and this Settlement Facility Agreement), nor their respective Affiliates or subsidiaries, nor any successor in interest, nor the Trustee, nor the FCR, nor any directors, officers, employees, or agents of the foregoing shall be liable for the payment of any Settlement Facility Payment Obligations, Settlement Facility Expenses, or any other liability of the Settlement Facility.

4.4 Indemnification. Any claim for indemnification from the Settlement Facility and all costs and expenses associated therewith (except for an indemnification claim which is also a Kaiser Asbestos Claim) shall be satisfied from the Settlement Facility Assets. Nothing herein is intended to be, nor shall it be construed as, an admission as to the validity or enforceability of any particular claim for indemnification, including any claim for indemnification by any Holder of an Asbestos Claim.

Article 5.

TRUSTEE

5.1 Appointment. The Trustee shall be nominated by the Plan Proponent on or before the Confirmation Date. The Bankruptcy Court, after notice and opportunity for hearing, shall appoint the Trustee nominated by the Plan Proponent to serve as the Trustee of the Settlement Facility effective as of the Effective Date. To become eligible, the Trustee must meet the qualification requirements of Section 5.7.1

5.2 Term of Service.

(a) The initial Trustee shall serve from the Effective Date and each successor Trustee named to fill a vacancy shall serve from the date of appointment until the earlier of (i) his or her death, (ii) the end of the calendar year in which he or she reaches age 75, (iii) his or her resignation pursuant to Section 5.2(b), (iv) his or her removal pursuant to Section 5.2(c), or (v) the termination of the Settlement Facility pursuant to Section 8.2.

1 The Plan Proponent reserves the right to name up to three (3) Trustees and in such event one (1) Trustee shall

serve as managing Trustee.

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(b) The Trustee may resign at any time by written notice to the FCR, the CAC and Truck. Such notice shall specify a date when such resignation shall take effect, which shall not be less than ninety (90) days after the date such notice is given, where practicable.

(c) The Trustee may be removed in the event that he/she becomes unable to discharge his or her duties hereunder due to accident, physical deterioration, mental incompetence, or for other good cause. Good cause shall be deemed to include any substantial failure to comply with Sections 3.2 or 3.3, a consistent pattern of neglect and/or failure to perform the duties of a trustee hereunder, or repeated non-attendance at scheduled meetings. Such removal shall be made by order of the Bankruptcy Court, upon motion by Truck, the FCR or the CAC.

5.3 Appointment of Successor Trustee(s).

(a) In the event of a vacancy in the position of a Trustee, Truck shall nominate a successor, after consultation with the FCR and the CAC. The Bankruptcy Court, after notice and opportunity for hearing, shall appoint any successor Trustee so nominated. To become eligible, the successor Trustee must meet the qualification requirements of Section 5.7.

(b) Immediately upon the appointment of any successor Trustee, all rights, titles, duties, powers and authority of the predecessor Trustee hereunder shall be vested in, and undertaken by, the successor Trustee without any further act. No successor Trustee shall be liable personally for any act or omission of his or her predecessor Trustee.

5.4 Liability of Trustee, Officers and Employees. Neither the Trustee, the Settlement Facility, nor its Representatives shall be liable to the Settlement Facility, to any Person holding a Claim, or to any other Person except for willful misconduct.

5.5 Compensation and Expenses of Trustee.

(a) [The Trustee shall receive compensation from the Settlement Facility for his or her services as a Trustee in the amount of $50,000 per annum plus payment for his or her services at a reasonable hourly rate to be determined by the Bankruptcy Court. The compensation payable to the Trustee hereunder shall be reviewed every three (3) years and appropriately adjusted by order of the Bankruptcy Court upon the motion of the Trustee, after consultation with Truck, the FCR and the CAC.]2

(b) The Settlement Facility shall promptly reimburse the Trustee on a monthly basis for all reasonable out-of-pocket costs and expenses incurred by the Trustee in connection with the performance of his or her duties and authorized hereunder.

(c) The Settlement Facility shall include a description of the amounts paid under this Section 5.5 in the report to be filed pursuant to Section 3.2 of this Settlement Facility Agreement.

2 The structure and amount of compensation payable to the Trustee(s) TBD.

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5.6 Trustee’s Employment of Professionals. The Trustee may, but shall not be required to, retain and/or consult with counsel, accountants, appraisers, auditors, forecasters, and professionals related to the administration of the payment of Settlement Facility Payment Obligations and Settlement Facility Expenses including but not limited to medical professionals and other Persons deemed by the Trustee to be qualified as experts on the matters submitted to them, and the opinion of any such Persons on any matters submitted to them by the Trustee shall be full and complete authorization and protection in respect of any action taken or not taken by the Trustee hereunder in good faith and in accordance with the written opinion of any such Person, in the absence of gross negligence.

5.7 Trustee Qualifications and Independence. The Trustee shall be (i) an individual over the age of 35 whose experience and background are appropriate for the responsibilities hereunder, and (ii) at the time of appointment and at all times during the term of service, independent. For purposes of this Settlement Facility Agreement, an individual is not independent if such individual:

(a) is or was an attorney who represented a plaintiff or a defendant in an asbestos- related personal injury or wrongful death case;

(b) is or was at any time a Holder or a representative of a Holder of any Claim against any Debtor or any other Released Party;

(c) has or had a relationship with the Holder of any claim against the Debtors or any Released Party such that the person’s impartiality in serving as Trustee could reasonably be questioned;

(d) is or was at any time, an investment banker, financial advisor, accountant or attorney for the Holder of any Claim against the Debtor or any other Released Party, or an officer, director, employee or agent of any Person that provides or provided investment banking, financial advice, accounting or legal services to the Holder of any Claim against the Debtor or any other Released Party;

(e) is an individual who serves or served as a future claimants’ representative, member of a trust advisory committee (or similar committee), or trustee of any asbestos personal injury trust;

(f) is or was a professional (such as an expert who made projections or analysis of asbestos-related claims or an attorney of a law firm) that was engaged by or advised a debtor, official or unofficial group of asbestos personal injury creditors, trust advisory committee (or similar committee), or future claimants’ representative in an asbestos-related bankruptcy proceeding or in connection with a trust or other facility created as a result of such bankruptcy;

(g) is a Holder of any equity interest (other than interests held indirectly through publicly-traded mutual funds) in a Debtor or any other Released Party;

(h) is or was an officer, director, employee or agent of a Debtor or any other Released Party or otherwise is or was an “insider,” as defined in the Bankruptcy Code, with respect to a Debtor or any other Released Party; or

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(i) is or was an investment banker, financial advisor, accountant or attorney for a Debtor or any other Released Party, or an officer, director, employee or agent of any Person that provides or provided investment banking, financial advice, accounting or legal services to a Debtor or any other Released Party.

5.8 Bond. The Trustee shall not be required to post any bond or other form of surety or security unless otherwise ordered by the Bankruptcy Court.

Article 6.

THE FUTURE CLAIMANTS’ REPRESENTATIVE

6.1 Duties. The FCR shall represent the interests of, appear on behalf of, and be a fiduciary to persons that might subsequently assert Claims against the Settlement Facility. The FCR is a party in interest in the bankruptcy case, and has standing under section 1109(b) of the Bankruptcy Code to raise issues, to appear, and to be heard in connection with the bankruptcy case in matters for which the Court retains jurisdiction and for which rights of persons that might subsequently assert Claims against the Settlement Facility are affected.

6.2 Term of Office.

(a) The FCR shall serve until the earlier of (i) his or her death, (ii) the end of the calendar year in which he or she reaches age 75, (iii) his or her resignation pursuant to Section 6.2(b), (iv) his or her removal pursuant to Section 6.2(c), or (v) the termination of the Settlement Facility pursuant to Section 8.2.

(b) The FCR may resign at any time by written notice to the Trustee. Such notice shall specify a date when such resignation shall take effect, which shall not be less than ninety (90) days after the date such notice is given, where practicable.

(c) The FCR may be removed in the event he or she becomes unable to discharge his or her duties hereunder due to accident, physical deterioration, mental incompetence, or for other good cause. Good cause shall be deemed to include a consistent pattern of neglect and failure to perform or to participate in performing the duties of the FCR hereunder and under the CRP, such as repeated nonattendance at scheduled meetings. Such removal shall be made by order of the Bankruptcy Court, upon motion by the Trustee.

6.3 Appointment of Successor. A successor FCR shall be appointed by order of the Court, upon the nomination by the Trustee and notice to the CAC.

6.4 Future Claimants’ Representative’s Employment of Professionals. With the consent of the Trustee, or absent consent of the Trustee, upon the motion of the FCR and order of the Bankruptcy Court, the FCR may retain counsel or other relevant professionals to advise the FCR in connection with his/her performance of his/her duties as FCR, with expenses to be paid by the Settlement Facility.

6.5 Compensation and Expenses of the Future Claimants’ Representative.

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(a) The FCR shall receive compensation from the Settlement Facility for his or her services in the form of the FCR’s normal hourly rate for services performed, consistent with the Bankruptcy Court’s order approving his appointment, such compensation being subject to an annual review, adjustment, and approval by the Trustee.

(b) The Settlement Facility shall promptly reimburse, or pay directly if so instructed, the FCR for all reasonable out-of-pocket costs and expenses, including (i) fees and costs associated with the employment of professionals pursuant to Section 6.4, (ii) reasonable fees and costs incurred in connection with the performance of his or her duties hereunder, and (iii) reasonable fees and costs associated with the procurement and maintenance of insurance incurred by the FCR in connection with the performance of his or her duties hereunder. All such reimbursements or direct payments shall be subject to approval by the Trustee and shall be deemed Settlement Facility Expenses.

6.6 Liability of Future Claimants’ Representative. Neither the FCR nor his or her Representatives shall be liable to the Settlement Facility, to any Person holding a Claim, or to any other Person except for willful misconduct.

Article 7.

CLAIMANTS ADVISORY COMMITTEE

7.1 Formation and Number. The CAC shall be formed pursuant to the Plan as of the Effective Date. The CAC shall be composed of three (3) members who are lawyers presently representing Asbestos Claimants. The initial CAC members shall be appointed and identified in the Confirmation Order. The CAC shall have a chairperson who shall act as the CAC’s liaison with the Settlement Facility and the FCR, coordinate and schedule meetings of the CAC, and handle all administrative matters that come before the CAC.

7.2 Role. The members of the CAC shall provide advice and information on issues concerning Holders of Unresolved Asbestos Claims for which an alleged asbestos-related injury has manifested, become evident, or been diagnosed as of the date of the Confirmation Order is entered by the court, including without limitation, claims that are pending in courts other than the Bankruptcy court as of the Effective Date and that are not the subject of a settlement or Final Order, to the extent solicited by the Trustee. Members of the CAC shall serve in an advisory role only and shall not owe any duties to the Trustee or Settlement Facility. Members of the CAC shall not undertake any additional obligation or role as a member of the CAC to act on behalf of or in the interests of any Person, including any Holder of an Asbestos Claim or any class or group of Holders of Asbestos Claims. The CAC does not constitute a committee under section 1103 of the Bankruptcy Code and neither the CAC, nor any member of the CAC by virtue of service on the CAC, has standing to raise issues, to appear, or to be heard on issues in the bankruptcy case.

7.3 Term of Office.

(a) Each member of the CAC shall serve until the earlier of (i) his or her death, (ii) the end of the calendar year in which he or she retires from the practice of law or ceases representing asbestos personal injury claimants, (iii) the expiration of 5 years since his/her

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appointment; (iv) his or her resignation pursuant to Section 7.3(b)), (v) his or her removal pursuant to Section 7.3(c) or (vi) the termination of the Settlement Facility pursuant to Section 8.2.

(b) Any member of the CAC may resign at any time by written notice to each of the remaining members of the CAC, the Trustee, and the FCR. Such notice shall specify a date when such resignation shall take effect, which shall not be less than ninety (90) days after the date such notice is given, where practicable.

(c) Any member of the CAC may be removed in the event he or she becomes unable to serve hereunder due to accident, physical deterioration, mental incompetence, or for other good cause. Good cause shall be deemed to include repeated non-attendance at scheduled meetings. Such removal shall be made by order of the Bankruptcy Court, upon motion by the Trustee.

7.4 Appointment of Successors. A successor CAC member shall be an individual and shall be nominated by the Trustee after consultation with Truck and the FCR, and approved by the Bankruptcy Court.

7.5 Compensation for Attendance at Meetings and Expenses of the CAC. The members of the CAC shall be compensated for attendance at regular meetings and specially called meetings in the form of a reasonable hourly rate set by the Trustee, such compensation being subject to an annual review, adjustment, and approval by the Trustee. The Settlement Facility shall promptly reimburse, or pay directly if so instructed, each respective CAC member for out-of-pocket costs associated with attending such meetings.

Article 8.

GENERAL PROVISIONS

8.1 Irrevocability. This Trust is irrevocable.

8.2 Termination.

(a) The Settlement Facility shall automatically terminate on the date ninety (90) days after the first to occur of the following events (the “Termination Date”):

(i) upon the motion of the Trustee and order of the Bankruptcy Court, in his/her discretion, because (A) he/she deems it unlikely that new Settlement Review Claims will be filed or Litigation Option Expenditures, including Litigation Expenses, will be incurred, and (B) all Allowed Asbestos Claims have been paid to the extent provided in this Settlement Facility Agreement and the CRP; or

(ii) if the Trustee has procured and has in place irrevocable insurance policies and has established claims handling agreements and other necessary arrangements with suitable third parties adequate to discharge all expected remaining obligations and expenses of the Settlement Facility in a manner consistent with this Settlement Facility Agreement and the CRP, the date on which the Bankruptcy Court enters an order approving such insurance and other arrangements and such order becomes a Final Order.

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(b) On the Termination Date, after payment of all the Settlement Facility’s liabilities, after all Settlement Facility Payment Obligations, Settlement Facility Expenses and Litigation Expenses have been paid, then (1) unless they have been sold, transferred or exchanged in accordance with Section 3.1(c)(xv) and Section 2.11.2 of the Plan, the New Equity Interests will be transferred to the Holder of the HPCI Equity Interests on the Effective Date and (2) after liquidation of all properties and other non-cash Settlement Facility Assets then held by the Settlement Facility (other than the New Equity Interests), all monies remaining in the Settlement Facility estate shall be given to charitable organization(s) exempt from federal income tax under IRC § 501(c)(3), which tax-exempt organization(s) shall be selected by the Trustee using his/her reasonable discretion; provided, however, that (i) the tax-exempt organization(s) shall have as one of its principal purposes medical research on mesothelioma, lung cancer or other lung-related disorders, and (ii) the tax-exempt organization(s) shall not bear any relationship to Reorganized Debtors within the meaning of IRC § 468B(d)(3). Notwithstanding any other provision of the Plan Documents, this Section 8.2(b) cannot be modified or amended.

(c) If the Termination Date occurs before Truck has made the entire amount of the Truck Structured Settlement Contribution, Truck shall have no further obligation to make any unpaid portion of the Truck Structured Settlement Contribution to any party.

8.3 Amendments. The Bankruptcy Court, upon a motion of the Trustee (after consultation with the FCR and the CAC and with the consent of Truck) may modify or amend this Settlement Facility Agreement or any document annexed to it, including the CRP (provided, however, the provisions of the CRP, if any, regarding any such modification or amendment are also followed) based on proof that such modification or amendment is necessary to achieve the purposes of the Settlement Facility. Except as modified by an order of the Bankruptcy Court, no amendment or modification of this Settlement Facility Agreement may be made. Notwithstanding the foregoing, neither this Settlement Facility Agreement, the CRP, nor any document annexed thereto shall be modified or amended in any way that:

(a) purports to modify any right or obligation under the Plan (except rights or obligations under this Settlement Facility Agreement or the CRP, modified according to their terms);

(b) modifies the rights, duties, or obligations (except for the payment of compensation) of the FCR, the CAC, or the Reorganized Debtors, hereunder;

(c) favors any Claim, or Class of Claims, over any other Claim, or Class of Claims;

(d) affects the Settlement Facility’s obligation to make information available to make financial and other reports required by this Settlement Facility Agreement available to the public;

(e) changes the Settlement Facility’s responsibility for Litigation Option Expenditures;

(f) changes the release requirements in the CRP.

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8.4 Severability. Should any provision in this Settlement Facility Agreement be determined to be unenforceable, such determination shall in no way limit or affect the enforceability and operative effect of any and all other provisions of this Settlement Facility Agreement.

8.5 Notices. Notices to Persons asserting Asbestos Claims shall be given at the address of such Person, or, where applicable, such Person’s representative, in each case as provided on such person’s Claim Form submitted to the Settlement Facility with respect to his or her or its Claim or as otherwise provided to the Settlement Facility. Any notices or other report required or permitted by this Settlement Facility Agreement must be in (i) writing and is deemed given (a) when delivered personally to the recipient; (b) five (5) days after deposit in the U.S. mail, mailed by registered or certified mail, return receipt requested, postage prepaid, (c) if sent by email, when the communication is received at the designated addresses or (d) one (1) business day after being sent to the recipient by reputable overnight courier service (charges prepaid); and (ii) addressed to the other Persons at the addresses set forth below, or at such other address as such Person now designates from time to time in writing in accordance with this Section 8.5.

To the Settlement Facility through the Trustee:

[ ] [ ] [ ] Attention: [ ] Email: [ ]

To the Future Claimants’ Representative:

Lawrence Fitzpatrick 100 American Metro Blvd., Suite 108 Hamilton, New Jersey 08619

With a copy to:

Young Conaway Stargatt & Taylor, LLP Rodney Square, 1000 North King Street Wilmington, Delaware 19801 Attention: Edwin J. Harron Email: [email protected]

To the CAC:

[ ] [ ] [ ] Attention: [ ] Email: [ ]

With a copy to:

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[ ] [ ] [ ] Attention: [ ] Email: [ ]

To Debtors or Reorganized Debtors:

Kaiser Gypsum Company, Inc. 300 E. John Carpenter Freeway Irving, Texas 75062 Attention: President Email: [ ]

With a copy to:

Jones Day 2727 N. Harwood Street Dallas, Texas 75201 Attention: Gregory M. Gordon Email: [email protected]

To Truck:

Truck Insurance Exchange 31051 Agoura Road Westlake Village, California 91360 Attention: Greg Mareno Email: [email protected]

With a copy to:

Gibson, Dunn & Crutcher LLP 200 Park Avenue, Suite 4700 New York, New York 10166-0193 Attention: Michael A. Rosenthal Matthew G. Bouslog Email: [email protected] [email protected]

8.6 Successors and Assigns. The provisions of this Settlement Facility Agreement shall be binding upon and inure to the benefit of the Debtors, Reorganized Debtors, the Settlement Facility, Truck and the Trustee and their respective successors and assigns, except that the Debtors, the Settlement Facility, or the Trustee may not assign or otherwise transfer any of its, or his or her rights or obligations under this Settlement Facility Agreement, except, in the case of the Settlement Facility and the Trustee, as contemplated by Sections 3.1 and 8.2.

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8.7 Limitation on Claim Interests for Securities Laws Purposes. Claims and any interests therein (a) shall not be assigned, conveyed, hypothecated, pledged or otherwise transferred, voluntarily or involuntarily, directly or indirectly, except by will or under the laws of descent and distribution, (b) shall not be evidenced by a certificate or other instrument; (c) shall not possess any voting rights; and (d) shall not be entitled to receive any dividends or interest.

8.8 Entire Agreement; No Waiver. The entire agreement of the parties relating to the subject matter of this Settlement Facility Agreement is contained herein and in the documents referred to herein, and this Settlement Facility Agreement and such documents supersede any prior oral or written agreements concerning the subject matter hereof. No failure to exercise or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of rights under law or in equity, except as otherwise provided in the Discharge Injunction and Contribution Injunction.

8.9 Headings. The headings used in this Settlement Facility Agreement are inserted for convenience only and neither constitute a portion of this Settlement Facility Agreement, nor in any manner affect the construction of the provisions of this Settlement Facility Agreement.

8.10 Governing Law. This Settlement Facility Agreement shall be governed by, and construed in accordance with, the laws of the State of North Carolina without regard to its conflict of laws principles.

8.11 Dispute Resolution. Any disputes that arise under this Settlement Facility Agreement or under the CRP shall be resolved by the Bankruptcy Court pursuant to the Plan, except as otherwise provided herein, or in the CRP. Notwithstanding anything else herein contained, to the extent any provision of this Settlement Facility Agreement is inconsistent with any provision of the Plan, the Plan shall control.

8.12 Enforcement and Administration. The provisions of this Settlement Facility Agreement and the annexes hereto shall be enforced by the Bankruptcy Court pursuant to the Plan, and may be enforced by any beneficiary of the Settlement Facility or the FCR. The parties hereby further acknowledge and agree that the Bankruptcy Court shall have exclusive jurisdiction over the settlement of the accounts of the Trustee.

8.13 Effectiveness. This Settlement Facility Agreement shall not become effective until such time as it has been approved by the Bankruptcy Court and executed and delivered by all the parties hereto, and the Effective Date of the Plan has occurred. Nothing in this Settlement Facility Agreement shall prohibit the FCR from seeking relief any relief available under applicable law with respect to the provisions of the Settlement Facility Agreement, the CRP, and the operation of the Settlement Facility.

8.14 Counterpart Signatures. This Settlement Facility Agreement may be executed in any number of counterparts, each of which shall constitute an original, but such counterparts shall together constitute but one and the same instrument.

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8.15 Notices Under Plan Documents. Unless otherwise addressed by this Settlement Facility Agreement, the Trustee shall deliver to the FCR and the CAC a copy of all written notices that the Settlement Facility or the Trustee give or receive under any of the Plan Documents (other than the CRP) promptly after receipt of the same. Notices to the FCR and the CAC under the CRP shall be governed by the provisions of the CRP.

[Signature page to follow]

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IN WITNESS WHEREOF, the parties have executed this Settlement Facility Agreement this ________ day of _________________, 201_.

Kaiser Gypsum Company, Inc., DEBTOR

By: Name: Title:

Hanson Permanente Cement, Inc., DEBTOR

By: Name: Title:

Truck Insurance Exchange

By: Name: Title:

TRUSTEE:

By: Name:

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TRUST AND SETTLEMENTFACILITY AGREEMENT

Between

Kaiser Gypsum Company, Inc., Hanson Permanente Cement, Inc., Truck InsuranceExchange

and _________,as the Trustee

Pursuant to theFirstSecond Amended Chapter 11 Plan of Reorganization of

Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., proposed by TruckInsurance Exchange

Dated September 25,October 29, 2018

Reorganized Debtors in Chapter 11 Case Nos. 16-31602, and 16-31614In the United States Bankruptcy Court

For the Western District of North CarolinaCharlotte Division

Dated as of ________, 201_

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TABLE OF CONTENTS

Page

ARTICLE 1.

DEFINITIONS

Definitions 21.1Additional Definitions 21.2

“Administrative Expense and Priority Claim Loan” 2(a)“Affiliate” 2(b)“Allowed” 2(c)

(c) “Allowed Litigation Option Claims” 2(d)

(d) “Allowed Settlement Review Claims” 23(e)

(e) “Asbestos Claim” 3(f)

(f) “Asbestos Claimant” 3(g)

(g) “Asbestos Claim Liability” 3“Asbestos Contribution Rights” 3(h)“Asbestos Insurance Entity” 3(i)“Asbestos Insurance Policy” 3(j)

“Assets” 3(k)“Bankruptcy Code” 3(l)

“Bankruptcy Court” 3(m)“Bankruptcy Rules” 3(n)“Basic Review” 3(o)

“Basic Review CRP Amount” 3(p)“Business Day” 4(q)

“CAC” 4(r)“Case Management Order” or “CMO” 4(s)“Cash” 4(t)

“Causes of Action” 4(u)“Chapter 11 Cases” 4(v)

“Claim” 4(w)

(v) “Claimant” 4(x)

(w) “Claims Resolution Procedures” or “CRP” 4(y)

(x) “Claim Form” 4(z)

(y) “Class A Beneficial Interests” 4(aa)

(z) “Class B Beneficial Interests” 4(bb)

(aa) “Comprehensive Review” 45(cc)

(bb) “Comprehensive Review CRP Amount” 45(dd)

(cc) “Confirmation Date” 45(ee)

(dd) “Confirmation Order” 5(ff)

(ee) “Contribution Injunction” 5(gg)

(ff) “Court” 5(hh)

(gg) “Debtors” 5(ii)

(hh) “Deductible” 5(jj)

(ii) 5

i

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(jj) “Disallowed” 5(kk)

(kk) “Disclosure Statement” 5“Discharge Injunction” 5(ll)“Disclosure Statement” 5(mm)

(mm) “Disputed” 56(nn)

(nn) “District Court” 6(oo)

(oo) “Effective Date” 6(pp)

(pp) “Entity” 6(qq)

(qq) “Estate(s)” 6(rr)

(rr) “Estimation OrderExcess CIP Agreement” 6(ss)

(ss) “File”, “Filed” or “Filing” 6(tt)

(tt) “Final Judgment or Final Order” 6(uu)

(uu) “Future Asbestos Claim” 7(vv)“Future Claimants’ Representative” or “FCR” 67(ww)

(vv) “GUC Trust” 7(xx)

(ww) “GUC Trust Assets” 7(yy)

(xx) “GUC Trust Seed Funding Amount” 7(zz)

(yy) “Holder” 7(aaa)

(zz) “HPCI” 7(bbb)

(aaa) “Insurance Policy” 7(ccc)

(bbb) “IRC” 7(ddd)

(ccc) “Judgment Offer” 7(eee)

(ddd) “Kaiser” 7(fff)

(eee) “Lehigh Hanson” 7(ggg)

(fff) “Lehigh Hanson Contribution” 7(hhh)

(ggg) “Litigation Expenses” 78(iii)

(hhh) “Litigation Fund” 7(iii) “Litigation Option” 78(jjj)

(jjj) “Litigation Option Claim” 8(kkk)

(kkk) “Litigation Option Claimant” 8(lll)

(lll) “Litigation Option Expenditures” 8(mmm)

(mmm) “Matrix Amount” 8(nnn)

(nnn) “Net Class B Distributions” 8(ooo)

(ooo) “New Equity Interests” 8(ppp)

(ppp) “Non-Released Party” 8(qqq)

(qqq) “Non-Truck Asbestos Insurance Policy” 8(rrr)

(rrr) “Non-Truck Asbestos Insurer” 8(sss)

(sss) “Non-Truck Asbestos Insurer Contribution” 8(ttt)

(ttt) “Participating Non-Truck Asbestos Insurers” 89(uuu)

(uuu) “Person” 9(vvv)

(vvv) “Petition Date” 9(www)

(www) “Plan” 9(xxx)

(xxx) “Plan Documents” 9(yyy)

ii

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Page

(yyy) “Plan Proponent” 9(zzz)

(zzz) “Plan Supplement” 9(aaaa)

(aaaa) “PrePost-Confirmation Judgment Asbestos Claim” 9(bbbb)

(bbbb) “PrePost-Confirmation Judgment Asbestos Claimant” 9(cccc)

“Pre-Confirmation Judgment Asbestos Claim” 9(dddd)“Pre-Confirmation Judgment Asbestos Claimant” 10(eeee)

(cccc) “Professional” 910(ffff)

(dddd) “Qualified Settlement Fund” or “QSF” 910(gggg)

(eeee) “Related” 910(hhhh)

(ffff) “Released Claims” 910(iiii)

(gggg) “Released Party” 10(jjjj)

(hhhh) “Reorganized Debtors” 11(kkkk)“Reorganized HPCI” 11(llll)

“Reorganized Kaiser” 11(mmmm)

(iiii) “Representatives” 11(nnnn)

(jjjj) “Retained Causes of Action” 11(oooo)

(kkkk) “Schedules” 11(pppp)

(llll) “Settled Asbestos Claim” 11(qqqq)

(mmmm) “Settlement Facility” or the “Trust” 11(rrrr)

(nnnn) “Settlement Facility Accounts” 11(ssss)

(oooo) “Settlement Facility Assets” 1112(tttt)“Settlement Facility Backstop Loan” 12(uuuu)

(pppp) “Settlement Facility Contributions” 1112(vvvv)

(qqqq) “Settlement Facility Expenses” 1112(wwww)

(rrrr) “Settlement Facility Limit” 12(xxxx)

(ssss) “Settlement Facility Payment Obligations” 12(yyyy)

(tttt) “Settlement Review” 1213(zzzz)

(uuuu) “Settlement Review Claim” 1213(aaaaa)

(vvvv) “Settlement Review Claimant” 1213(bbbbb)

(wwww) “Structured Settlement Contribution” 12Truck”(ccccc)13(xxxx) “Structured Settlement Election” 12

(yyyy) “Truck Asbestos Insurance Policy” 13(ddddd)

(zzzz) “Truck Contribution” 13(eeeee)

(aaaaa) “Truck Litigation FundStructured Settlement Contribution” 13(bbbbb) “Truck Policy Limit” 13(fffff)

(ccccc) “Truck Settlement Facility Contribution” 13(ddddd) “Trustee” 13(ggggg)

(eeeee) “Uninsured Asbestos Claim” 13(hhhhh)

(fffff) “Unresolved Asbestos Claim” 13(iiiii)

(ggggg) “Unresolved Asbestos Claimant” 13(jjjjj)

iii

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ARTICLE 2.

AGREEMENT OF TRUST

Creation and Name 13142.1Purpose 13142.2Claims Resolution Procedures 14152.3Transfer of Assets 152.4

Allocation of Funds 152.5Acceptance of Assets and Assumption of Liabilities 152.6

ARTICLE 3.

POWERS, TRUST ADMINISTRATION & REPORTING

Powers 15163.1General Administration and Obligations of the Trustee 193.2

Claims Administration 223.3Non-Released Parties. 23243.4

Indemnification of the Reorganized Debtors, Released Parties, Trustee, FCR and3.5Their Representatives 2324

ARTICLE 4.

ACCOUNTS, INVESTMENTS, AND PAYMENTS

4.1 Litigation Fund 244.2 Accounts 24254.1

4.3 Investments 254.2

4.4 Source of Payments 26274.3

4.5 Indemnification 26274.4

4.6 Medicare Obligations 26

ARTICLE 5.

TRUSTEE

Appointment 30275.1Term of Service 30275.2Appointment of Successor Trustee(s) 30285.3

Liability of Trustee, Officers and Employees 30285.4Compensation and Expenses of Trustee 31285.5Trustee’s Employment of Professionals 31295.6Trustee Qualifications and Independence 31295.7Bond 32305.8

iv

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ARTICLE 6.

THE FUTURE CLAIMANTS’ REPRESENTATIVE

Duties 32306.1Term of Office 32306.2Appointment of Successor 33306.3Future Claimants’ Representative’s Employment of Professionals 33306.4

Compensation and Expenses of the Future Claimants’ Representative 33306.5Liability of Future Claimants’ Representative 33316.6

ARTICLE 7.

CLAIMANTS ADVISORY COMMITTEE

Formation and Number 33317.1Role 34317.2

Term of Office 34317.3Appointment of Successors 34327.4

Compensation for Attendance at Meetings and Expenses of the CAC 34327.5

ARTICLE 8.

GENERAL PROVISIONS

Irrevocability 35328.1

Termination 35328.2Amendments 35338.3Severability 36348.4

Notices 36348.5Successors and Assigns 38358.6Limitation on Claim Interests for Securities Laws Purposes 38368.7

Entire Agreement; No Waiver 38368.8Headings 38368.9Governing Law 38368.10Dispute Resolution 38368.11Enforcement and Administration 39368.12

Effectiveness 39368.13Counterpart Signatures 39368.14Notices Under Plan Documents 39378.15

v

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TRUST AND SETTLEMENT FACILITY AGREEMENT

This Trust and Settlement Facility Agreement (this “Settlement Facility Agreement”) isentered into by and among Kaiser Gypsum Company, Inc., as reorganized pursuant to the Plan(“Reorganized Kaiser”), Hanson Permanente Cement, Inc. (as reorganized pursuant to the Plan“Reorganized HPCI” and, together with Reorganized Kaiser, the “Reorganized Debtors”),Truck Insurance Exchange (“Truck”) and the Trustee(s) named on the signature pages hereof(the “Trustee”).

RECITALS

The Plan provides, inter alia, for the creation of the Settlement Facility pursuantA.to the Confirmation Order and Plan for the purpose of receiving, investing, and using fundscontributed by Truck and, if applicable, Lehigh Hanson and the Participating Non-TruckAsbestos Insurers, for the resolution and payment of Asbestos Claims. This Settlement Facilityis a North Carolina trust subject to continuing Bankruptcy Court supervision and managed by theTrustee, who must meet the independence criteria contained herein.

Pursuant to the Plan, the Reorganized Debtors have become wholly ownedB.subsidiaries of the Settlement Facility, and Truck has agreed to make contributions to theSettlement Facility in the aggregate amount of the [Truck Contribution/Structured SettlementContribution. [Lehigh Hanson has agreed to make a contribution to the Settlement Facility in theamount of $49 million, and the Participating Non-Truck Asbestos Insurers have also agreed tomake contributions to the Settlement Facility in the aggregate amount of $[____].]

Under the Plan, Asbestos Claimants (other than Settled Asbestos Claimants) mayC.elect to submit their Claims to the Settlement Facility for review under the Claims ResolutionProcedures for Basic Review or Comprehensive Review and, thereafter, may elect to file proofsof claim in the Bankruptcy Court and obtain resolution of such Asbestos Claims throughallowance litigation governed by the Case Management Order.

Under the Plan, the Settlement Facility has assumed responsibility for processingD.and, except with respect to Uninsured Asbestos Claims other than Deductibles, paying AllowedAsbestos Claims, whether such Claims are Allowed pursuant to Settlement Review or pursuantto the Litigation Option, pursuant to the Plan and the CRP, but subject to all rights ofcontribution, reimbursement or otherwise from all Non-Released Parties and with contributionsfrom the Reorganized Debtors. The Reorganized Debtors shall assume responsibility for payingPost-Confirmation Asbestos Claims, Allowed Uninsured Asbestos Claims and reimbursing theSettlement Facility for Deductibles from and to the extent that funds are available to theReorganized Debtors.

The Settlement Facility has assumed responsibility for defending LitigationE.Option Claims and paying Litigation Expenses (except to the extent that the Settlement Facilitytenders defense against a Litigation Option Claim to the Non-Truck Asbestos Insurers and suchdefense is accepted) pursuant to the terms of the Plan, the CRP, the CMO and this SettlementFacility Agreement, subject to all rights of contribution, reimbursement or otherwise from all

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Non-Released Parties and with contributions from the Reorganized Debtors. The ReorganizedDebtors shall reimburse the Settlement Facility for Litigation Expenses related to UninsuredAsbestos Claims from and to the extent that funds are available to the Reorganized Debtors. Forthe avoidance of doubt, the Settlement Facility shall not be responsible for the payment ofUninsured Asbestos Claims other than Litigation Expenses and Deductibles as to which theSettlement Facility shall retain a claim for reimbursement or contribution against theReorganized Debtors.

Pursuant to the Plan and the Confirmation Order, this Settlement FacilityF.Agreement establishes the Settlement Facility.

NOW, THEREFORE, in accordance with the Plan and the Confirmation Order, it isagreed as follows:

Article 1.

DEFINITIONS

Definitions. All capitalized terms used in this Settlement Facility Agreement and1.1not otherwise defined herein shall have the meanings assigned in the Plan, and the ClaimsResolution Procedures. To the extent there is any inconsistency between a term defined hereinand in the Plan or Claims Resolution Procedures, the defined term in the Plan shall govern.

Additional Definitions.1.2

“Administrative Expense and Priority Claim Loan” has the meaning(a)assigned to such term in the Plan.

“Affiliate”(c) has the meaning assigned to such term in the Plan.(b)

(d) “Allowed” means (a) with reference to any Claim, (i) any Claim(c)against any Debtor that has been listed by such Debtor in the Schedules, as such Schedules maybe amended from time to time in accordance with Bankruptcy Rule 1009, as liquidated in amountand not disputed or contingent or unknown and for which no contrary proof of Claim has beenFiled; (ii) any Claim listed on the Schedules or timely Filed proof of Claim, as to which noobjection to allowance has been interposed in accordance with the Plan by the Claims ObjectionDeadline or such other applicable period of limitation fixed by the Bankruptcy Code, theBankruptcy Rules, or the Bankruptcy Court, or as to which any objection has been determined bya Final Order to the extent such objection is determined in favor of the respective Holder of suchClaim; (iii) any Claim expressly allowed by a Final Order or under the Plan; and (b) with respectto any Asbestos Claim, (i) any Asbestos Claim that is a Settled Asbestos Claim or aPre-Confirmation Judgment Asbestos Claim, (ii) any Unresolved Asbestos Claim that issubmitted for Basic Review or Comprehensive Review and receives a Settlement Offer (asdefined in the CRP) from the Settlement Facility as a result of the review process, whichSettlement Offer is accepted by the Settlement Offer Recipient (as defined in the CRP); or (c)any Claim that is allowed by the Plan or by Final Order ofor settlement of a Litigation OptionClaim pursuant to the CMO.

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(e) “Allowed Litigation Option Claims” means Litigation Option Claims(d)that have become Allowed pursuant to the CMO.

(f) “Allowed Settlement Review Claims” means Settlement Review(e)Claims that have become Allowed pursuant to the CRP by a Settlement Review Claimantaccepting a Settlement Offer from the Settlement Facility.

(g) “Asbestos Claim” has the meaning assigned to such term in the Plan.(f)

(h) “Asbestos Claimant” means the Holder of an Asbestos Claim.(g)

(i) “Asbestos Claim Liability” has the meaning assigned to such term in thePlan.

(j) “Asbestos Contribution Rights” means any and all rights, titles,(h)privileges, interests, claims, demands or entitlements to any proceeds, contributions, payments,defense costs, indemnification, escrowed funds, initial or supplemental dividends, schemepayments, supplemental scheme payments, Causes of Action, and choses in action of any Debtoror other Person with respect to any Asbestos Claim, including any rights against Non-ReleasedParties, rights under a Non-Truck Asbestos Insurance Policy, any rights under any AsbestosInsurance Agreement (as defined in the Plan), and any rights in any Asbestos Insurance Action(as defined in the Plan).

(k) “Asbestos Insurance Entity” has the meaning assigned to such term in(i)the Plan.

(l) “Asbestos Insurance Policy” means any Insurance Policy under which(j)any Debtor or Affiliate of the Debtors has or had indemnity, defense, or other insurancecoverage, whether known or unknown, that actually or potentially provides insurance coveragefor any Asbestos Claim, including but not limited to the policies listed in the Plan Supplement.

(m) “Assets” means any and all right, title, and interest in and to property(k)of whatever type or nature.

(n) “Bankruptcy Code” means title 11 of the United States Code, sections(l)101–1532, as now in effect or as hereafter amended.

(o) “Bankruptcy Court” means the United States Bankruptcy Court for the(m)Western District of North Carolina, or, if such court ceases to exercise jurisdiction, the court oradjunct thereof that exercises jurisdiction over the Chapter 11 Cases.

(p) “Bankruptcy Rules” means the Federal Rules of Bankruptcy(n)Procedure, as amended and promulgated under section 2075 of Title 28 of the United StatesCode, together with (a) the Rules of Practice and Procedures of the United States BankruptcyCourt for the Western District of North Carolina as now in effect or as the same may from timeto time hereafter be amended and (b) the Amended Standing Order of Reference from the UnitedStates District Court for the Western District of North Carolina dated as of April 14, 2014.

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(q) “Basic Review” means the process for determining settlement offers(o)under the Settlement Review as set forth in Appendix I to the CRP.

(r) “Basic Review CRP Amount” means, as to any Asbestos Claim, (a) the(p)Matrix Amount offered by the Settlement Facility with respect to such Asbestos Claim underBasic Review or (b) the Matrix Amount that would have been offered by the Settlement Facilitywith respect to such Asbestos Claim if it had been submitted for Basic Review.

(s) “Business Day” means any day that is not a Saturday, Sunday, or “legal(q)holiday” within the meaning of Bankruptcy Rule 9006(a).

(t) “CAC” means the Claimants Advisory Committee.(r)

(u) “Case Management Order” or “CMO” means the order to be entered(s)by the District Court pursuant to which Litigation Option Claims shall be Allowed orDisallowed, which order shall be in substantially the form attached as an exhibitAnnex 3 to theNotice of Filing Second Revised Plan Supplement Documents [Docket No. ____].

(v) “Cash” means lawful currency of the United States and its equivalents.(t)

(w) “Cause“Causes of Action”(x) has the meaning assigned to such(u)term in the Plan.

(y) “Chapter 11 Cases”(z) means (a) when used with reference to a(v)particular Debtor, the case pending for that Debtor under chapter 11 of the Bankruptcy Code and(b) when used with reference to all Debtors, the procedurally consolidated chapter 11 casespending for the Debtors in the Bankruptcy Court under case number 16-31602 (JCW).

(aa) “Claim” means a claim, as defined in section 101(5) of the(w)Bankruptcy Code, against a Debtor or its Estate whether or not asserted or Allowed.

(bb) “Claimant” means a Holder of a Claim.(x)

(cc) “Claims Resolution Procedures” or “CRP” means the Claims(y)Resolution Procedures attached hereto as Annex A. The CRP are expressly incorporated hereinby reference and are a part of this Settlement Facility Agreement.

(dd) “Claim Form” means the submission of information and documents,(z)in the form to be developed by the Trustee, by which a Settlement Reviewan UnresolvedAsbestos Claimant initiates processing of his or her Asbestos Claim or a Post-ConfirmationAsbestos Claimant initiates processing of his or her Post-Confirmation Asbestos Claim andselects Basic Review or Comprehensive Review.

(ee) “Class A Beneficial Interests” means the Class A beneficial interests(aa)in the GUC Trust distributed pro rata to Holders of Allowed General Unsecured Claims (asdefined in the Plan), which Class A Beneficial Interests shall entitle such Holders to be paid, infull, from liquidation of the GUC Trust Assets the Allowed amount of their General Unsecured

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Claims (as defined in the Plan), after payment of GUC Trust expenses other than the GUC TrustSeed Funding Amount.

(ff) “Class B Beneficial Interests” means the Class B beneficial interests(bb)in the GUC Trust distributed to the Reorganized Debtors, which Class B Beneficial Interestsshall entitle such Holders to any residual value from liquidation of the GUC Trust Assets afterpayment in full of all amounts owed with respect to Class A Beneficial Interests, GUC Trustexpenses and the GUC Trust Seed Funding Amount.

(gg) “Comprehensive Review” means the process for determining(cc)Settlement Offerssettlement offers under the Settlement Review as set forth in Appendix II to theCRP.

(hh) “Comprehensive Review CRP Amount” means, as to any Asbestos(dd)Claim, (a) the Matrix Amount offered by the Settlement Facility with respect to such AsbestosClaim under Comprehensive Review or (b) the Matrix Amount that would have been offered bythe Settlement Facility with respect to such Asbestos Claim if it had been submitted forComprehensive Review.

(ii) “Confirmation Date” means the date on which the clerk of the(ee)Bankruptcy Court enters the Confirmation Order on the docket.

(jj) “Confirmation Order” means the order of the Bankruptcy Court(ff)confirming the Plan in accordance with section 1129 of the Bankruptcy Code, as such order maybe amended, modified, or supplemented.

(kk) “Contribution Injunction” means the order(s) entered by the Court(gg)(including, as appropriate, any provision of the Confirmation Order) permanently and foreverstaying, restraining, and enjoining any Person from taking any action against any Released Partyfor the purpose of, directly or indirectly, collecting, recovering, or receiving payment of, on, orwith respect to any Released Claim, the form of which Contribution Injunction shall beacceptable to the Debtors, the Reorganized Debtors and Truck.

(ll) “Court” means either the Bankruptcy Court or the District Court, as(hh)appropriate.

(mm) “Debtors” means, together, Kaiser and HPCI.(ii)

(nn) “Deductible” has the meaning assigned to such term in the Plan.(jj)

(oo) “Disallowed” means, with respect to a Claim, any Claim or portion(kk)thereof that (a) has been disallowed by a Final Order, (b) is identified in the Schedules in theamount of zero dollars or as contingent, unliquidated, or Disputed and as to which a proof ofClaim was not Filed on or before the applicable Bar Date (as defined in the Plan), (c) is notidentified in the Schedules and as to which no proof of Claim has been Filed or deemed Filed onor before the applicable Bar Date, as applicable, (d) was not Filed in a timely manner as providedby the Plan, the Confirmation Order, or other relevant order of the Bankruptcy Court, or (e) is

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disallowed by agreement with the Creditor (as defined in the Plan) in accordance with the Plan,the CRP or the CMO.

(pp) “Discharge Injunction”(qq) means the injunction described in(ll)Section 7.1.1 of the Plan under section 524(a) of the Bankruptcy Code.

(rr) “Disclosure Statement” means the disclosure statement with respect to(mm)the Plan, approved by the Bankruptcy Court as containing adequate information for the purposeof dissemination and solicitation of votes on (if applicable) and confirmation of the Plan, as itmay be altered, amended, or modified from time to time in accordance with the provisions of theBankruptcy Code and the Bankruptcy Rules.

(ss) “Disputed” means any Claim or any portion thereof that is not an(nn)Allowed Claim or a Disallowed Claim. For the purposes of the Plan, all Unresolved AsbestosClaims and Pre-Confirmation Judgment Asbestos Claims shall be considered Disputed Claimsuntil they are Allowed or Disallowed, and the Debtors’ right to object to allowance of suchClaims (including after the Confirmation Date) is expressly preserved by this Plan. Furthermore,any other Claim shall be considered a Disputed Claim (a) before the time that an objection hasbeen or may be filed if: (i) the amount or classification of the Claim specified in the relevantproof of Claim or request for payment of the Claim exceeds the amount or is different from theclassification of any corresponding Claim scheduled by the relevant Debtor in its Schedules; (ii)any corresponding Claim scheduled by the relevant Debtor has been scheduled as disputed,contingent or unliquidated; or (iii) no corresponding Claim has been scheduled by the relevantDebtor in its Schedules; (b) if such Claim is the subject of an objection not yet resolved by aFinal Order; or (c) if an Avoidance Action (as defined in the Plan) asserted against the Holder ofsuch Claim has not been resolved by a Final Order.

(tt) “District Court” means the United States District Court for the(oo)Western District of North Carolina.

(uu) “Effective Date” means the first Business Day after the date on which(pp)all of the conditions precedent to the effectiveness of the Plan specified in Section 6.10.26.11.2of the Plan shall have been satisfied or waived or, if a stay of the Confirmation Order is in effecton such date, the first Business Day after the expiration, dissolution, or lifting of such stay.

(vv) “Entity” has the meaning set forth in section 101(15) of the(qq)Bankruptcy Code.

(ww) “Estate(s)” means, individually, the estate created for each of the(rr)Debtors and, collectively, the estates created for all the Debtors pursuant to section 541 of theBankruptcy Code upon the commencement of the Chapter 11 Cases.

(xx) “Estimation Order”“Excess CIP Agreement” means an order of the(ss)Bankruptcy Court, which may be the Confirmation Order, estimating the Asbestos ClaimLiability. The Estimation Order shall not be applicable if Truck, in its sole discretion, makes theStructured Settlement Election.that certain Excess Coverage in Place Settlement Agreementbetween the Debtors and certain Non-Truck Asbestos Insurers, dated as of December 13, 2013.

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(yy) “File”, “Filed” or “Filing” means file, filed or filing with the(tt)Bankruptcy Court or its authorized designee in the Chapter 11 Cases.

(zz) “Final Judgment or Final Order” means a judgment, order, ruling,(uu)or other decree issued and entered by the Bankruptcy Court, or by any state, provincial, or otherfederal court or other tribunal having jurisdiction over the subject matter thereof, whichjudgment, order, ruling, or other decree has not been reversed, stayed, modified, or amended andas to which: (a) the time to appeal or petition for review, rehearing, or certiorari or move forreargument has expired or shall have been waived in writing in form and substance satisfactoryto the Plan Proponent or Settlement Facility, as applicable, and as to which no appeal or petitionfor review, rehearing, or certiorari or motion for reargument is pending; or (b) any appeal orpetition for review, rehearing, certiorari, or reargument has been finally decided and no furtherappeal or petition for review, rehearing, certiorari, or reargument can be taken or granted;provided, however, that the possibility that a motion under Rule 59 or Rule 60 of the FederalRules of Civil Procedure, or any analogous rule under the Bankruptcy Rules or applicable statecourt rules of civil procedure, may be Filed with respect to such order shall not cause such ordernot to be a Final Order.

“Future Asbestos Claim” means an Asbestos Claim for which an alleged(vv)asbestos-related injury has not manifested, become evident, or been diagnosed as of the date theConfirmation Order is entered by the Court; for the avoidance of doubt, Future Asbestos Claimsdo not include Post-Confirmation Asbestos Claims.

(aaa) “Future Claimants’ Representative” or “FCR” means Lawrence(ww)Fitzpatrick (or any court-appointed successor), appointed as the legal Representative to representthe interests of, appear on behalf of, and be a fiduciary to the Holders of Future Asbestos Claims,as set forth in the Order Appointing Lawrence Fitzpatrick as Legal Representative for FutureClaimants [Docket No. 99], or another Person that may be identified in the Plan Supplement andappointed by the Court as the legal Representative on the Effective Date.

(bbb) “GUC Trust” has the meaning assigned to such term in the Plan.(xx)

(ccc) “GUC Trust Assets” has the meaning assigned to such term in the(yy)Plan.

(ddd) “GUC Trust Seed Funding Amount” has the meaning assigned to(zz)such term in the Plan.

(eee) “Holder” means the Person that is the record owner of a Claim or,(aaa)Equity Interest or Post-Confirmation Asbestos Claim, as applicable.

(fff) “HPCI” means Hanson Permanente Cement, Inc.(bbb)

(ggg) “Insurance Policy” means any insurance policy under which any(ccc)Debtor or Affiliate of the Debtors has or had indemnity, defense, or other insurance coverage,whether known or unknown, that actually or potentially provides insurance coverage for any

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Claim, including but not limited Asbestos Insurance Policies, Environmental Insurance Policies(as defined in the Plan), and any other policies listed in the Plan Supplement.

(hhh) “IRC” means the Internal Revenue Code of 1986, as amended, and(ddd)any applicable regulations (including temporary and proposed regulations) promulgatedthereunder by the United States Treasury Department.

(iii) “Judgment Offer” means any pre-judgment offer of settlement by the(eee)Settlement Facility to a Litigation Option Claimant to settle a Litigation Option Claim.

(jjj) “Kaiser” means Kaiser Gypsum Company, Inc.(fff)

(kkk) “Lehigh Hanson” means Lehigh Hanson, Inc.(ggg)

(lll) “Lehigh Hanson Contribution” means a $49 million Cash payment(hhh)by Lehigh Hanson to the Settlement Facility on the Effective Date.

(mmm) “Litigation Expenses” means costs incurred in defending against a(iii)particular Litigation Option Claim. Litigation Expenses shall include fees for defense attorneys,other advisors, testifying and consulting experts, court costs, and any other costs attributable toparticular Litigation Option Claims. For the avoidance of doubt, Litigation Expenses do notinclude any fees or costs incurred by a Claimant in pursuing a Claim.

(nnn) “Litigation Fund” means the fund to be maintained by the SettlementFacility for payment of Litigation Expenses, which fund shall be replenished on a semiannualbasis to maintain a balance of at least $10 million. The Litigation Fund shall not be necessary ifthe Structured Settlement Election is made.

(ooo) “Litigation Option” means the option of each Holder of an(jjj)Unresolved Asbestos Claim or Pre-Confirmation Judgment Asbestos Claim (the latter undercertain circumstances described herein and in the Plan) to elect to have his or her Claim Allowedthrough litigation against the Reorganized Debtors after the Confirmation Date pursuant to theCMO.

(ppp) “Litigation Option Claim” means an Unresolved Asbestos Claim or(kkk)Pre-Confirmation Judgment Asbestos Claim whose Holder elects the Litigation Option.

(qqq) “Litigation Option Claimant” means the Holder of a Litigation(lll)Option Claim.

(rrr) “Litigation Option Expenditures” means, with respect to any(mmm)Litigation Option Claim, all Litigation Expenses incurred by the Settlement Facility, plus theAllowed Amount (if Allowed) of such Litigation Option Claim whether determined by FinalOrder or by settlement between the Settlement Facility or a Non-Truck Asbestos Insurer, asapplicable, within the limits of their authority as defined by the Plan and the Litigation OptionClaimant.

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(sss) “Matrix Amount” means, as to any Asbestos Claim, the value(nnn)assigned to such Claim by the Settlement Facility after completion of the process andcalculations set forth in Appendix I (Basic Review) or Appendix II (Comprehensive Review) tothe CRP, as applicable.

(ttt) “Net Class B Distributions” means that portion, if any, of the(ooo)distributions with respect to the Class B Beneficial Interests determined by the ReorganizedDebtors to be in excess of the amount required to pay Uninsured Asbestos Claims and relatedLitigation Expenses.

(uuu) “New Equity Interests” means the new common stock issued by(ppp)Reorganized Kaiser and Reorganized HPCI to the Settlement Facility pursuant to the provisionsof the Plan.

(vvv) “Non-Released Party” means any Person that is not a Released(qqq)Party, including, without limitation, any Non-Truck Asbestos Insurer that is not a ParticipatingNon-Truck Asbestos Insurer and Lehigh Hanson if it does not make the Lehigh HansonContribution.

(www) “Non-Truck Asbestos Insurance Policy” means any Asbestos(rrr)Insurance Policy other than the Truck Asbestos Insurance Policies.

(xxx) “Non-Truck Asbestos Insurer” means any Asbestos Insurance(sss)Entity other than Truck.

(yyy) “Non-Truck Asbestos Insurer Contribution” means the amount, if(ttt)any, agreed with the Non-Truck Asbestos Insurers, which amount shall be set forth in the PlanSupplement.

(zzz) “Participating Non-Truck Asbestos Insurers” means the Non-Truck(uuu)Asbestos Insurers, set forth in the Plan Supplement, which make the Non-Truck Asbestos InsurerContribution.

(aaaa) “Person” means person, including without limitation, any(vvv)individual, Entity, corporation, partnership, limited liability company, limited liabilitypartnership, joint venture, association, joint stock company, estate, trust, unincorporatedassociation or organization, official committee, ad hoc committee or group, governmental agencyor political subdivision thereof, the Bankruptcy Administrator (as defined in the Plan), and anysuccessors or assigns of any of the foregoing.

(bbbb) “Petition Date” means September 30, 2016.(www)

(cccc) “Plan” means the FirstSecond Amended Chapter 11 Plan of(xxx)Reorganization for Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc.,Proposed by Truck Insurance Exchange (including all exhibits annexed hereto and the PlanSupplement), as it may be altered, amended, or modified from time to time in accordance with

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the provisions thereof and of the Bankruptcy Code and the Bankruptcy Rules proposed by TruckInsurance Exchange and confirmed by the Bankruptcy Court on [_____________], 2018.

(dddd) “Plan Documents” means the Plan, the Disclosure Statement and(yyy)Plan Supplement, together with all exhibits, and either in their present form or as each may beamended, supplemented or otherwise modified from time to time.

(eeee) “Plan Proponent” means Truck, in its capacity as a proponent of(zzz)the Plan.

(ffff) “Plan Supplement” means the collection of Plan-related documents(aaaa)to be Filed with the Court, which may consist of one or multiple Filings.

“Post-Confirmation Asbestos Claim” means a claim against a Debtor,(bbbb)Reorganized Debtor or any Released Party, that would have been an Asbestos Claim except forthe fact that such claim relates to or arises from first exposure to or first contact with, at any timeafter the Confirmation Date, asbestos or any products or materials containing asbestos that weremined, processed, consumed, used, stored, manufactured, fabricated, constructed, designed,engineered, sold, assembled, supplied, produced, specified, selected, distributed, released,maintained, repaired, purchased, owned, occupied, serviced, removed, replaced, disposed of,installed by, or in any way marketed by, or on behalf of any Debtor or any other Person(including any past or present Affiliate, predecessor, successor, or assign of any Debtor) forwhose products or operations any Debtor allegedly has liability or is otherwise liable.

“Post-Confirmation Asbestos Claimant” means the Holder of a(cccc)Post-Confirmation Asbestos Claim.

(gggg) “Pre-Confirmation Judgment Asbestos Claim” means an Asbestos(dddd)Claim against a Debtor evidenced by a written judgment entered before the Confirmation Datethat was not yet subject to a Final Order as of the Confirmation Date.

(hhhh) “Pre-Confirmation Judgment Asbestos Claimant” means the(eeee)Holder of a Pre-Confirmation Judgment Asbestos Claim.

(iiii) “Professional” means any Person employed or to be compensated(ffff)pursuant to sections 327, 328, 330, 331, 503(b), or 1103 of the Bankruptcy Code.

(jjjj) “Qualified Settlement Fund” or “QSF” means a qualified settlement(gggg)fund as defined by Treasury Regulation Section 1.468B-1 et seq.

(kkkk) “Related” means, with respect to an Asbestos Claim, all Asbestos(hhhh)Claims based on a particular injured party’s injury (such as Claims by the injured party, his or herestate, and family members with loss of consortium, wrongful death, or similar related Claims).

(llll) “Released Claims” mean (a) any and all claims that are or would(iiii)have been property of any Debtor’s Estate against any Released Party, including, withoutlimitation, pursuant to Chapter 5 of the Bankruptcy Code, any one or more of 11 U.S.C. §§ 502,510, 541, 542, 543, 544, 545, 547, 548, 549, 550, 551, or 553; (b) any and all claims that are or

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would have been property of any Debtor’s Estate against any Released Party arising under anynon-bankruptcy law relating to allegedly preferential or fraudulent transfers or relating to anyallegedly unlawful payments or transfers or distributions of property to such Released Party; (c)any and all claims that are or would have been property of any Debtor’s Estate, regardless of thelegal theory upon which such claim may be predicated, by which any Released Party is assertedto be or have been derivatively liable for any Claim, including, without limitation, any AsbestosClaim including, without limitation, any claim arising under a theory that (i) any Released Partyis a successor to any Debtor, (ii) any Debtor’s separate corporate existence should be disregarded,or (iii) any Released Party is an alter ego of any Debtor, and (d) any and all claims in (a)-(c)above where, in the absence of the Debtors’ Chapter 11 Cases, such claims might, undersubstantive law of any jurisdiction, have been treated as claims maintainable not only by theDebtors or the Debtors’ Estates themselves, but by Creditors (as defined in the Plan) of orClaimants against the Debtors. For the avoidance of doubt, the Debtors do not intend or purportto release or bar,Released Claims shall not include any claim against any Released Party that isbased uponon (a) such Released Party’s liability under an Environmental Insurance Policy (asdefined in the Plan) or, (b) such Released Party’s independent liability to any Person for a Claimthat would not be an Asbestos Claim in these Chapter 11 Cases if it were to be asserted directlyagainst one or more Debtors. For the avoidance of doubt, Released Claims do not include or (c)claims and obligations to the extent preserved or arising under the Plan, the CRP or the CMO.

(mmmm) “Released Party” means any of the following:(jjjj)

the Reorganized Debtors;(i)

if Lehigh Hanson supports the Plan and makes the Lehigh Hanson(ii)Contribution, Lehigh Hanson and its current and former Affiliates (other than theReorganized Debtors and their subsidiaries);

the Settlement Facility;(iii)

the FCR;(iv)

Truck;(v)

the Participating Non-Truck Asbestos Insurers;(vi)

any Person that, pursuant to the Plan or otherwise on or after the(vii)Effective Date, becomes a direct or indirect transferee of, or successor to, any of theDebtors, the Reorganized Debtors, the Affiliates of the Debtors (if Lehigh Hansonsupports the Plan and makes the Lehigh Hanson Contribution) or Reorganized Debtors,or any of their respective Assets, to the extent that any liability on account of AsbestosClaims is asserted to exist as a result of its becoming such a transferee or successor; and

the Representatives of each of the foregoing, respectively, but only(viii)to the extent that any liability is asserted to exist as a result of the Representative being,or acting in the capacity as, a Representative of one or more of the aforementionedPersons.

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(nnnn) “Reorganized Debtors” means Reorganized Kaiser and(kkkk)Reorganized HPCI.

(oooo) “Reorganized HPCI” means HPCI from and after the Effective(llll)Date.

(pppp) “Reorganized Kaiser” means Kaiser from and after the(mmmm)Effective Date.

(qqqq) “Representatives” means, (a) with respect to any Entity, the past,(nnnn)present, or future managers, directors, members, trustees, officers, employees, accountants(including independent registered public accountants), advisors, attorneys, consultants, or otheragents, representatives, or professionals of that Entity, but only in their capacities as such, and (b)the firms or other Entities, other than the Debtors and their non-Debtor Affiliates, with whom theRepresentatives identified in part (a) are employed or associated, but only in such firms’ orEntities’ respective capacities as such.

(rrrr) “Retained Causes of Action” has the meaning assigned to such term(oooo)in the Plan.

(ssss) “Schedules” means the Schedules of Assets and Liabilities and(pppp)Statement of Financial Affairs Filed by the Debtors with the clerk of the Bankruptcy Courtpursuant to Bankruptcy Rule 1007, as they have been or may be amended or supplemented fromtime to time in accordance with Bankruptcy Rule 1009.

(tttt) “Settled Asbestos Claim” means an Asbestos Claim that, as of the(qqqq)Petition Date, was subject to a settlement agreement enforceable under applicable law between aDebtor and the Holder of such Asbestos Claim, or for which a judgment has become a FinalOrder.

(uuuu) “Settlement Facility” or the “Trust” means the trust to be(rrrr)established in accordance with the Plan and this Settlement Facility Agreement that will, amongother things, process, review, and pay Allowed Asbestos Claims.

(vvvv) “Settlement Facility Accounts” means such accounts established(ssss)by the Trustee pursuant to Section 4.2.4.1.

(wwww) “Settlement Facility Assets” means (a) the Settlement Facility(tttt)Contributions, (b) the New Equity Interests, (c) the Retained Causes of Action, (d) the right torepayment of the GUC Trust Seed Funding Amount and the Administrative and Priority ClaimLoan, (e) reimbursement amounts due from the Reorganized Debtors pursuant to the provisionsof Section 6.1.3(df) of the Plan, (f) reimbursement amounts due from the Non-Truck AsbestosInsurers pursuant to the provisions of Section 6.1.5(c) of the Plan and (g) the Net Class BDistributions, and (g) any other assets acquired by the Settlement Facility.

“Settlement Facility Backstop Loan” means the commitment by the(uuuu)Settlement Facility to the Reorganized Debtors entered into on the Effective Date to fund

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shortfalls of payments due by the Reorganized Debtors pursuant to Section 6.1.3 of the Plan.Such loan shall be in an amount not to exceed the sum of (a) $25 million plus (b) the amount ofany Cash distributions from the Reorganized Debtors to the Settlement Facility, and shall notbear interest and shall only be repaid from Cash available to the Reorganized Debtors on accountof the Class B Beneficial Interests or the liquidation or operation of other assets revested in theReorganized Debtors on the Effective Date. A copy of the loan agreement will be set forth in thePlan Supplement.

(xxxx) “Settlement Facility Contributions” means (a) the [Truck(vvvv)Contribution/Structured Settlement Contribution] ; (b) if Lehigh Hanson supports the Plan andmakes the Lehigh Hanson Contribution, the Lehigh Hanson Contribution; and (c) for anyParticipating Non-Truck Asbestos Insurer that supports the Plan and makes the Non-TruckAsbestos Insurer Contribution, the Non-Truck Asbestos Insurer Contribution made by suchParticipating Non-Truck Asbestos Insurer.

(yyyy) “Settlement Facility Expenses” means the administrative and(wwww)other expenses incurred by the Settlement Facility, other than Litigation Expenses, in performingits obligations under the Plan and this Settlement Facility Agreement.

(zzzz) “Settlement Facility Limit” means:(xxxx)

For any Litigation Option Claim settled by the Settlement Facility(i)before judgment (if the Settlement Facility has not tendered defense against suchAsbestos Claim to the Non-Truck Asbestos Insurers, or such defense has been tenderedbut the Non-Truck Asbestos Insurers have not accepted such defense), the greater of (x)Basic Review CRP Amount or (y) Comprehensive Review CRP Amount.

For any Litigation Option Claim settled by the Non-Truck(ii)Asbestos Insurers after the Settlement Facility has tendered defense against such AsbestosClaim to the Non-Truck Asbestos Insurers and such defense has been accepted, the lesserof (x) the amount of any settlement with the Litigation Option Claimant and (y) the TruckPolicy Limit.

For any Litigation Option Claim settled by the Settlement Facility(iii)after judgment, the amount of the judgment, including any interest and costs awarded.

(aaaaa) “Settlement Facility Payment Obligations” means the payment of(yyyy)all Allowed Asbestos Claims (subject to all Asbestos Contribution Rights, and subject to theterms of this Settlement Facility Agreement, the Plan, the CRP and, for Litigation Option Claims,the CMO) and Litigation Expenses related to any Litigation Option Claim (other than thoseincurred after the Settlement Facility tenders defense against a Litigation Option Claim to theNon-Truck Asbestos Insurers and such defense is accepted). The Settlement Facility shall not beresponsible for the payment of Uninsured Asbestos Claims other than Litigation Expenses andDeductibles as to which the Settlement Facility shall retain a claim for reimbursement orcontribution against the Reorganized Debtors.

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(bbbbb) “Settlement Review” means the evaluation by the Settlement(zzzz)Facility, under Basic Review or Comprehensive Review, of aneach Unresolved Asbestos Claimor Post-Confirmation Asbestos Claim submitted to the Settlement Facility under the processesand procedures established by the CRP to determine whether a Settlement Offer should beextended on account of such Claim and, if so, the amount of such Settlement Offer.

(ccccc) “Settlement Review Claim” means an Unresolved Asbestos Claim(aaaaa)or Pre-Confirmation Judgment Asbestos Claim submitted to the Settlement Facility forSettlement Review, which will therefore be processed and (if Allowed) paid by the SettlementFacility.

(ddddd) “Settlement Review Claimant” means the Holder of a(bbbbb)Settlement Review Claim.

(eeeee) [“Structured Settlement Contribution” has the meaning assigned to suchterm in the Plan.]

(fffff) “Structured Settlement Election” has the meaning assigned to such termin the Plan.

(ggggg) “Truck”(hhhhh) has the meaning assigned to such term in(ccccc)the Plan.

(iiiii) “Truck Asbestos Insurance Policy” means any Asbestos(ddddd)Insurance Policy issued by Truck to any of the Debtors.

(jjjjj) [“Truck Structured Settlement Contribution” has the meaning(eeeee)assigned to such term in the Plan.]

(kkkkk) “Truck Litigation Fund Contribution” means Cash in the amount $10million, which Cash, when paid to the Settlement Facility on the Effective Date, shall besegregated by the Settlement Facility and used to pay Litigation Expenses with respect toLitigation Option Claims defended by the Settlement Facility. The Truck Litigation FundContribution shall not be required if the Structured Settlement Election is made.

(lllll) “Truck Policy Limit” means, as to any Asbestos Claim, the per(fffff)claim occurrence limit under the Truck Asbestos Insurance Policy with the lowest occurrencelimit applicable to such Asbestos Claim , in conformance with the Excess CIP Agreement and allapplicable Final Orders addressing coverage under the Asbestos Insurance Policies.

(mmmmm) “Truck Settlement Facility Contribution” means the [TruckContribution/Structured Settlement Contribution].

(nnnnn) “Trustee” shall mean the individual or individuals named on(ggggg)the signature page hereof, and any individual or individuals appointed as successor trusteespursuant to the provisions of this Settlement Facility Agreement.

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(ooooo) “Uninsured Asbestos Claim” has the meaning assigned to(hhhhh)such term in the Plan.

(ppppp) “Unresolved Asbestos Claim” means an Asbestos Claim that is(iiiii)not a Settled Asbestos Claim or a Pre-Confirmation Judgment Asbestos Claim, and for which analleged asbestos-related injury has manifested, become evident, or been diagnosed as of the datethe Confirmation Order is entered by the Courtincluding without limitation, Claims that aresubject to litigation pending in courts other than the Bankruptcy Court as of the Effective Dateand that are not the subject of a settlement or Final Order.

(qqqqq) “Unresolved Asbestos Claimant” means the Holder of an(jjjjj)Unresolved Asbestos Claim.

Article 2.

AGREEMENT OF TRUST

Creation and Name. The Reorganized Debtors hereby create a trust known as2.1the “Kaiser Gypsum Settlement Facility” as a North Carolina trust, effective as of the EffectiveDate. The Trustee shall transact the business and affairs of the Settlement Facility in the name“Kaiser Gypsum Settlement Facility.”

Purpose. The purposes of the Settlement Facility are to:2.2

assume full responsibility, pursuant to the Plan, this Settlement Facility(a)Agreement, and the CRP, for processing and reviewing Settled Asbestos Claims and SettlementReview Claims;

make payments of Allowed Settled Asbestos Claims and Allowed(b)Settlement Review Claims, in accordance with the Plan, this Settlement Facility Agreement, andthe CRP;

collect, invest, and distribute funds for the benefit of Holders of Settlement(c)Review Claims;

pay expenses and costs, including Settlement Facility Expenses, in(d)accordance with the terms of this Settlement Facility Agreement, the CRP, and the Plan;

for Asbestos Claimants that submit their Unresolved Asbestos Claims for(e)Comprehensive Review, determine the Comprehensive Review CRP Amount for suchUnresolved Asbestos Claims and attempt to settle such Unresolved Asbestos Claims for eachsuch Asbestos Claim’s Comprehensive Review CRP Amount;

for Asbestos Claimants that submit their Unresolved Asbestos Claims for(f)Basic Review, determine the Basic Review CRP Amount for such Unresolved Asbestos Claimsand attempt to settle such Unresolved Asbestos Claims for each such Asbestos Claim’s BasicReview CRP Amount;

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for Post-Confirmation Asbestos Claimants that submit their (g)Post-Confirmation Asbestos Claims for Comprehensive Review, determine the Comprehensive Review CRP Amount for such Post-Confirmation Asbestos Claims and attempt to settle such Post-Confirmation Asbestos Claims for each such Post-Confirmation Asbestos Claim’s Comprehensive Review CRP Amount, provided, however, that the Comprehensive Review CRP Amount shall be paid by the Reorganized Debtors and not the Settlement Facility;

for Post-Confirmation Asbestos Claimants that submit their (h)Post-Confirmation Asbestos Claims for Basic Review, determine the Basic Review CRP Amount for such Post-Confirmation Asbestos Claims and attempt to settle such Post-Confirmation Asbestos Claims for each such Post-Confirmation Asbestos Claim’s Basic Review CRP Amount, provided, however, that the Basic Review CRP Amount shall be paid by the Reorganized Debtors and not the Settlement Facility;

(g) for Litigation Option Claims, defend against such Claims (except to the(i)extent that the Settlement Facility tenders defense against a Litigation Option Claim to theNon-Truck Asbestos Insurers and such defense is accepted) and pay Litigation OptionExpenditures as required by this Settlement Facility Agreement, the CRP and the Plan;

(h) defend the Reorganized Debtors and the Released Parties, and their(j)Representatives, from any Asbestos Claims asserted against them and indemnify such Personsfrom any losses associated with such Claims, other than, as to the Reorganized Debtors and theirRepresentatives, losses associated with Uninsured Asbestos Claims;

(i) at all times qualify as a Qualified Settlement Fund (“QSF”) pursuant to(k)Section 468B of the Internal Revenue Code and the Treasury Regulations promulgatedthereunder; and

(j) otherwise carry out the provisions of this Settlement Facility(l)Agreement, the CRP, the Plan, and any other agreements into which the Trustee has entered orwill enter in connection with the Plan.

Claims Resolution Procedures. In furtherance of the purposes of the Settlement2.3Facility, as set forth above in Section 2.2, the Trustee shall be responsible for supervising andadministering payment of Allowed Settled Asbestos Claims, Allowed Settlement Review Claimsand Allowed Litigation Option Claims pursuant to the CRP, defending against Litigation OptionClaims pursuant to the CMO, and performing all other purposes of the Settlement Facility.

Transfer of Assets. On the Effective Date, Truck shall transfer to the Settlement2.4Facility the portion of the Truck Structured Settlement Facility Contribution due on the EffectiveDate, and the New Equity Interests shall be issued to the Settlement Facility. [Also on theEffective Date, Lehigh Hanson shall transfer the Lehigh Hanson Contribution to the SettlementFacility and the Participating Non-Truck Asbestos Insurers shall transfer to the SettlementFacility Cash in the aggregate amount of $[____]]. Truck shall transfer additional Cash to theSettlement Facility on each anniversary of the Effective Date (i.e., the portion of the TruckStructured Settlement Facility Contribution to be paid subsequent to the Effective Date) as

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provided in the Plan. The Settlement Facility Assets shall be administered, held and distributedin accordance with the terms of this Settlement Facility Agreement, the CRP, and the Plan.

Allocation of Funds. The funds of the Settlement Facility shall be distributed to2.5Asbestos Claimants and allocated for administrative and other expenses and costs in accordancewith the terms of this Settlement Facility Agreement, the CRP, and the Plan.

Acceptance of Assets and Assumption of Liabilities.2.6

In connection with and in furtherance of the purposes of the Settlement(a)Facility, the Trustee, in his capacity as trustee of the Settlement Facility, hereby expressly acceptsthe transfer, issuance and assignment, as applicable, to the Settlement Facility of the SettlementFacility Contributions and the New Equity Interests at the time and in the manner contemplatedby the Plan and this Settlement Facility Agreement.

In furtherance of the purposes of the Settlement Facility, the Trustee,(b)solely in his capacity as trustee of the Settlement Facility, hereby expressly assumes liability forall Settlement Facility Payment Obligations, Settlement Facility Expenses, Litigation Expenses,and other liabilities or obligations that are to be assumed by the Settlement Facility under thePlan or this Settlement Facility Agreement. For the avoidance of doubt, the liablities assumed by the Settlement Facility and the Trustee (solely in his capacity as trustee of the Settlement Facility) exclude any liability for Post-Confirmation Asbestos Claims.

Article 3.

POWERS, TRUST ADMINISTRATION & REPORTING

Powers.3.1

The Trustee is and shall act as a fiduciary to the Settlement Facility in(a)accordance with the provisions of this Settlement Facility Agreement, the Plan and applicablelaw. The Trustee shall, at all times, administer the Settlement Facility in accordance with Article3 of this Settlement Facility Agreement. Subject to the limitations set forth in this SettlementFacility Agreement, the CRP, the CMO and the Plan, the Trustee shall have the power to takeany and all actions that, in his/her reasonable judgment, are necessary, proper or convenient toeffectuate the purposes of the Settlement Facility, including, without limitation, each powerexpressly granted in this Section 3.1, any power reasonably incidental thereto, and any trustpower now or hereafter permitted under applicable law. Notwithstanding the foregoing, anymodification or amendment of the CRP or the CMO, or any modification or amendment of thisSettlement Facility Agreement that alters the criteria, procedures, or payment of AllowedAsbestos Claims, including without limitation any modification to the Matrix Amounts ormedical criteria, shall require the consent of Truck.

Except as required by applicable law or as otherwise specified herein, the(b)Trustee need not obtain the order or approval of any court in the exercise of any power ordiscretion conferred hereunder.

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Without limiting the generality of Section 3.1(a) above, and except as(c)limited herein, the Trustee shall have the power to:

hold, administer, and distribute the Settlement Facility Assets in(i)accordance with the CRP;

invest and reinvest the Settlement Facility Assets and other monies(ii)held from time to time by the Settlement Facility;

delegate any or all of the authority herein conferred with respect to(iii)the investment of all or any portion of the Settlement Facility Assets to any one or morereputable individuals or recognized institutional investment advisors or investmentmanagers without liability for any action taken or omission made because of any suchdelegation, except to the extent it constitutes willful misconduct;

administer the Settlement Facility, including the consideration of(iv)Asbestos Claims, in accordance with this Settlement Facility Agreement, the CRP, andthe Plan;

administer and implement the CRP and the terms of this Settlement(v)Facility Agreement all in accordance with the terms thereof;

settle Settlement Review Claims at the applicable Claim’s(vi)Comprehensive Review CRP Amount or Basic Review CRP Amount, so that suchClaims become Allowed.;

settle Post-Confirmation Asbestos Claims that are submitted for(vii)Settlement Review at the applicable Post-Confirmation Asbestos Claim’s ComprehensiveReview CRP Amount of Basic Review CRP Amount as if each such Post-ConfirmationAsbestos Claim was an Unresolved Asbestos Claim;

(vii) pay Allowed Asbestos Claims that are the responsibility of the(viii)Settlement Facility, including any such Claims that are Allowed pursuant to SettlementReview or the Litigation Option;

(viii) defend against Litigation Option Claims and, if the Litigation(ix)Fund has been established, to pay Litigation Expenses from the Litigation Fund and toreplenish such Litigation Fund annually;

(ix) settle Litigation Option Claims (whether prior to or after a(x)judgment) up to the Settlement Facility Limit and, if the Non-Truck Asbestos Insurersconsent and agree to pay an amount above the Settlement Facility Limit, to settle anyLitigation Option Claims for the amount agreed by the Non-Truck Asbestos Insurersabove the Settlement Facility Limit, with the Non-Truck Asbestos Insurers paying suchamount in excess of the Settlement Facility Limit;

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(x) pay Settlement Facility Expenses and other liabilities and(xi)expenses of the Settlement Facility;

(xi) pursue contribution, reimbursement and similar claims against(xii)the Reorganized Debtors, the Non-Truck Asbestos Insurers, and any other third partyalleged to be liable for Asbestos Claims, other than with respect to Released Claims;

(xii) acquire, own, lease, and convey real and personal property as(xiii)deemed necessary or desirable;

(xiii) adopt and amend by-laws and other rules and procedures not(xiv)inconsistent with this Settlement Facility Agreement, the CRP, the CMO and the Plan;

(xiv) sell, transfer, or exchange any or all of the Settlement Facility(xv)Assets at such prices and upon such terms as the Trustee may consider proper, andconsistent with the other terms of this Settlement Facility Agreement;

(xv) establish and maintain the Litigation Fund for the payment ofLitigation Expenses incurred by the Settlement Facility;

establish such other funds, reserves and accounts in the name of the(xvi)Settlement Facility, as useful in carrying out the purposes of the Settlement Facility;

sue and be sued and participate, as a party or otherwise, in any(xvii)judicial, administrative, arbitrative, or other proceeding or legal action;

defend against and pay all costs and fees (including attorneys’ fees)(xviii)for the defense of any and all claims that relate to the operations of the Settlement Facilityand the actions of its employees and agents;

appoint such officers and hire such employees and engage such(xix)legal, financial, accounting, investment, auditing and forecasting, and other consultantsand agents as the business of the Settlement Facility requires, and to delegate to suchpersons such powers and authorities as the fiduciary duties of the Trustee permit and asthe Trustee, in his/her discretion, deems advisable or necessary in order to carry out theterms of the Settlement Facility;

pay employees, legal, financial, accounting, investment, auditing(xx)and forecasting, and other consultants, advisors, and agents reasonable compensation,including without limitation, compensation at rates approved by the Trustee for servicesrendered prior to the execution hereof;

earn reasonable compensation and compensate the FCR and CAC(xxi)members and reimburse out-of-pocket costs and expenses authorized by this SettlementFacility Agreement;

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execute and deliver such instruments proper in administering the(xxii)Settlement Facility;

enter into such other arrangements with third parties as are deemed(xxiii)useful in carrying out the purposes of the Settlement Facility, provided that sucharrangements do not conflict with any other provision of the Plan, the ConfirmationOrder, this Settlement Facility Agreement, the CMO or the CRP;

indemnify the Persons to be indemnified under Section 3.5 to the(xxiv)fullest extent that a corporation or trust organized under the laws of the State of NorthCarolina is from time to time entitled to indemnify and/or insure its officers, employees,and agents;

purchase insurance for the Settlement Facility and those Persons(xxv)for whom the Settlement Facility has an indemnification obligation hereunder;

consult with the FCR and, the CAC and Truck, or their successors(xxvi)at such times and with respect to such issues relating to the conduct of the SettlementFacility as the Trustee considers desirable;

procure insurance policies and establish claims handling(xxvii)agreements and other arrangements as provided in this Settlement Facility Agreement;

obtain a tax identification number for the Settlement(xxviii)Facility, communicate with the IRS and state and local taxing authorities on behalf of theSettlement Facility, make payment of taxes on behalf of the Settlement Facility, and fileall applicable tax returns for the Settlement Facility;

determine and apply the “Maximum Annual Payment” as provided(xxix)in the CRP;

increase or decrease Matrix Amounts for the purpose of ensuring(xxx)substantially equivalent treatment of all present and future Settlement Review Claims, asprovided in the CRP;

determine that increases in Matrix Amounts are too little to warrant(xxxi)payments to Settlement Review Claimants already paid, as provided in the CRP;

establish a “Trust Claims Payment Ratio” as provided in the CRP;(xxxii)

develop and modify Claim Forms and claim filing(xxxiii)procedures;

establish the procedures set forth in Section 4.6 below for(xxxiv)Medicare reporting and to protect the Settlement Facility from Medicare reimbursementclaims;

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designate Settlement Review Claims as Hardship Claims as(xxxv)provided in the CRP;

respond to subpoenas;(xxxvi)

make the Administrative Expense and Priority Claim Loan, the(xxxvii)Settlement Facility Backstop Loan and a loan to the GUC Trust for the GUC Trust SeedFunding Amount; and

do all other acts and things not inconsistent with the(xxxviii)provisions of this Settlement Facility Agreement, the CRP, the CMO, the Plan, orapplicable law.

The Trustee shall not have the power to guarantee any debt of any other(d)Person.

General Administration and Obligations of the Trustee.3.2

Tax Returns and Reports.(a)

The Trustee shall cause to be obtained, at the cost and expense of(i)the Settlement Facility, a Federal Employer Identification Number (“FEIN”), andrelevant state tax identification numbers, for the Settlement Facility and shall cause suchincome tax and other returns and statements as are required by the applicable provisionsof the IRC and the Treasury Regulations and such other state or local laws andregulations as may be applicable to be timely filed on behalf of the Settlement Facility onthe basis of a December 31 year end. The Trustee shall take all steps necessary to ensurethat any tax obligations imposed upon the Settlement Facility are paid and shall otherwisecomply with Section 1.468B-2 of the Treasury Regulations and all other reportingobligations of the Settlement Facility. The Trustee shall comply with all applicablewithholding obligations as required under the applicable provisions of the IRC and suchother state and local laws as may be applicable, and the regulations promulgatedthereunder.

The Trustee shall cause the Settlement Facility to qualify and(ii)maintain qualification as a QSF.

Within seventy-five (75) days (or earlier if required by law) after(iii)the end of each calendar year, the Settlement Facility shall cause to be prepared andmailed such information as required by law to enable payees to complete and file each oftheir respective federal, state and local income and other tax returns. The Trustee alsoshall provide a copy of any filed tax returns of the Settlement Facility to the FCR andCAC when such return is filed.

Reports. The Trustee shall prepare and file with the Bankruptcy Court the(b)following reports, and the Trustee shall provide a copy of such reports to the FCR and, CAC andTruck when such reports are filed with the Bankruptcy Court:

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Financial Reports. As soon as available, but, in any event, no later(i)than one hundred twenty (120) days following the end of each fiscal year, the Trusteeshall cause to be prepared an annual report containing financial statements of theSettlement Facility (including, without limitation, a balance sheet of the SettlementFacility as of the end of such fiscal year, a statement of operations for such fiscal year,and information required by Section 5.5(c)) audited by a firm of independent registeredpublic accountants selected by the Trustee and accompanied by an opinion of such firmthat such financial statements present fairly in all material respects the financial positionof the Settlement Facility as of such year end and the results of its operations as of theyear then ended in conformity with accounting principles generally accepted in the UnitedStates.

Claim Administration Reports. As soon as available, but, in any(ii)event, no less frequently than every later than sixty (60) days following the end of everyquarterEffective Date, the Trustee shall cause to be prepared a report that provides asummary of the number and amount of Asbestos Claims submitted to and paid by theSettlement Facility and the number and amount of Litigation Option Expenditures madeby the Settlement Facility, with all such information classified by disease type.

Pursuant to section 107(a) of the Bankruptcy Code, all materials(iii)required by this Section 3.2(b) shall be filed in the Chapter 11 Cases on the docket of theBankruptcy Court and, accordingly, shall be public records and open to examination byan Entity at reasonable times without charge.

The Trustee and all parties to this Settlement Facility Agreement agree to(c)cooperate to the maximum extent reasonably possible in conducting any matters involving taxes,including the preparation of any necessary tax returns or reports, the furnishing of informationnecessary to prepare tax returns or reports, the administration of any tax audit or review, and theconduct of any tax contest. If it shall become necessary to contest any disputed tax, the partyprimarily liable for such potential tax liability shall be entitled to control such contest, and theother parties shall cooperate with such controlling party to the maximum extent reasonablypossible.

The Trustee shall cause to be prepared as soon as practicable prior to the(d)commencement of each fiscal year a budget and cash flow projections covering such fiscal year.The Trustee shall provide a copy of the budget and cash flow to the FCR and, CAC and Truck.Thirty (30) days prior to each such anniversary of the Effective Date, the Trustee shall provide toTruck, with a copy to the FCR and, the CAC and Truck, the accounting required to calculate theamount of the additional Cash required to be paid by Truck on the then upcoming anniversary;Truck shall not be under an obligation to fund additional Cash absent such accounting.

The Trustee shall consult with the FCR and CAC and may, at a regular(e)meeting or specially called meeting or otherwise, seek information and advice from the CAC andthe FCR (i) on the implementation and administration of the CRP, (ii) on the implementation andadministration of the Settlement Facility and (iii) on any other matter the Trustee wishes. TheTrustee shall meet with the FCR and CAC not fewer than four (4) times each calendar year

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during the first two (2) years following the Effective Date and then two (2) times each calendaryear thereafter, which shall be at a regular or special meeting as mutually agreed to by theTrustee, FCR, and CAC, to discuss general matters regarding the administration of theSettlement Facility, the review, allowance, and payment of Claims and the condition of theSettlement Facility Assets.

In addition to the other provisions contained in this Settlement Facility(f)Agreement or in the CRP, including the requirement for consent from Truck for certainamendments and modifications, the Trustee shall be required to obtain the approval of theBankruptcy Court, following consultation with the FCR and CAC, to:

amend any provision of this Settlement Facility Agreement;(i)

terminate the Settlement Facility pursuant to Section 8.2 hereof;(ii)

change the compensation of the Trustee (other than mere cost-of-(iii)living increases); or

amend or modify the CRP (unless otherwise provided in the CRP).(iv)

The Trustee shall consult with the FCR and CAC before:(g)

adopting or amending by-laws and other rules and procedures;(i)

selling, transferring, or exchanging any or all of the Settlement(ii)Facility Assets;

suing or participating, as a party or otherwise (not including(iii)responding to discovery requests or subpoenas), in any judicial, administrative,arbitrative, or other proceeding or legal action;

defending against or paying costs and fees (including attorneys’(iv)fees) for the defense of any and all claims that relate to the operations of the SettlementFacility and the actions of its employees and agents;

indemnifying the Persons to be indemnified under Section 3.5;(v)

procuring insurance policies or establishing claims handling(vi)agreements and other arrangements as provided in Section 8.2 of this Settlement FacilityAgreement;

making payment of taxes on behalf of the Settlement Facility;(vii)

increasing or decreasing Matrix Amounts for the purpose of(viii)ensuring substantially equivalent treatment of all present and future Settlement ReviewClaims, as provided in the CRP;

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determining that increases in Matrix Amounts are too little to(ix)warrant payments to Settlement Review Claimants already paid, as provided in the CRP;

establishing a Trust Claims Payment Ratio as provided in the CRP;(x)or

establishing procedures other than those set forth hereinin the CRP(xi)for Medicare reporting or to protect the Settlement Facility from Medicare reimbursementclaims.

The Trustee, upon notice from the FCR and CAC requesting consideration(h)of one or more issues, shall at the next regular meeting or, if appropriate, at a specially calledmeeting, place on the agenda and consider such issues.

Claims Administration. All Unresolved Asbestos Claims will be submitted to3.3and administered by the Settlement Facility pursuant to and in accordance with the CRP.

Determination and Payment of Allowed Settlement Review Claims. The(a)Settlement Facility shall consider and make determinations whether Settlement Review Claimsshould be Allowed in accordance with this Settlement Facility Agreement. Allowed SettlementReview Claims shall be paid in full, in Cash, by the Settlement Facility or the ReorganizedDebtors, subject to all Asbestos Contribution Rights. This Settlement Facility Agreement andthe CRP provide the exclusive criteria for evaluating, liquidating, allowing, and payingSettlement Review Claims. Only those Settlement Review Claims that satisfy the eligibilitycriteria specified in the CRP are eligible to become Allowed Settlement Review Claims andreceive payment.

Litigation Option Claims. To be eligible for the Litigation Option, all(b)Claims that are Related to an Asbestos Claim must also be submitted for Comprehensive Reviewor Basic Review and, in accordance with the CRP, must elect the Litigation Option. Conversely,if any Claimant elects to settle an Asbestos Claim pursuant to the Settlement Review, all RelatedClaims shall be ineligible for the Litigation Option. If, following Comprehensive Review orBasic Review of a Settlement Review Claim and in accordance with the CRP and the CMO, theHolder of such Settlement Review Claim proceeds with the Litigation Option and becomes aLitigation Option Claimant with a Litigation Option Claim, the Settlement Facility shall defendagainst such Litigation Option Claim and will use the Litigation Fund to pay all LitigationExpenses, except to the extent that the Settlement Facility tenders defense against a LitigationOption Claim to the Non-Truck Asbestos Insurers and such defense is accepted, in which casesuch Non-Truck Asbestos Insurers shall assume such defense and pay Litigation Expenses inaccordance with the Asbestos Insurance Policies. The Settlement Facility may make JudgmentOffers to any Litigation Option Claimant up to the Settlement Facility Limit. If the Non-TruckAsbestos Insurers consent and agree to pay any amounts above the Settlement Facility Limit, theSettlement Facility may make Judgment Offers above the Settlement Facility Limit. UponAllowance of a Litigation Option Claim the Settlement Facility or the Reorganized Debtors shall,in accordance with and subject to the limitations of this Settlement Facility Agreement, the CMOand the CRP, pay such Allowed Litigation Option Claim, subject to all Asbestos Contribution

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Rights. This Settlement Facility Agreement, the CRP and the CMO provide the exclusivecriteria for evaluating, liquidating, allowing, and paying Litigation Option Claims. In no eventshall the Settlement Facility be obligated to or have authority to pay a Litigation Option Claimantan amount above the Settlement Facility Limit on account of a Litigation Option Claim that isAllowed by settlement. If a Litigation Option Claim is Allowed by a Final Judgment, then theSettlement Facility or the Reorganized Debtors shall pay the Allowed Amount of such Claim,subject to all Asbestos Contribution Rights; provided, however, that if defense of such Claim wastendered to and accepted by the Non-Truck Asbestos Insurers, in which case the SettlementFacility or the Reorganized Debtors will pay such Claim up to the Truck Policy Limit, subject toall Asbestos Contribution Rights, with any excess to be paid by the Non-Truck Asbestos Insurersin accordance with the Asbestos Insurance Policies. Any Judgment Offer shall be in the form ofan offer of judgment under Federal Rule of Civil Procedure 68 and Bankruptcy Rule 7068. TheReorganized Debtors shall be responsible for payment of Allowed Uninsured Asbestos Claims; ifthe Settlement Facility pays Deductibles and Litigation Expenses related to such UninsuredAsbestos Claims, the Reorganized Debtors shall reimburse the Settlement Facility for suchpayments from and to the extent that funds are available to the Reorganized Debtors.

Determination and Payment of Allowed Settled Asbestos Claims. The(c)Settlement Facility shall consider and make determinations whether Settled Asbestos Claimsshould be Allowed in accordance with this Settlement Facility Agreement and the CRP. AllowedSettled Asbestos Claims shall be paid in full, in Cash, by the Settlement Facility or theReorganized Debtors pursuant to the terms of the CRP, subject to all Asbestos ContributionRights. This Settlement Facility Agreement and the CRP provide the exclusive criteria forevaluating, liquidating, allowing, and paying Settled Asbestos Claims.

Pre-Confirmation Judgment Asbestos Claims. All Pre-Confirmation(d)Judgment Asbestos Claimants may choose the Settlement Review by filing a Claim Form andbecoming Settlement Review Claimants. If a Pre-Confirmation Judgment Asbestos Claimantdecides to litigate the pending appeal of their judgment, they will be deemed Litigation OptionClaimants. If such a Claimant decides to litigate a pending appeal and a judgment is reversedand such Claim is not dismissed or Disallowed as a result of such reversal (for example, if theClaim is remanded for new trial), the Claimant will be treated like any other UnresolvedAsbestos Claimant provided, however, that any settlement offered by the Settlement Facilitypursuant to the Settlement Review shall be reduced by the Litigation Expenses incurred inconnection with appeal of the pre-confirmation judgment.

The Trustee may, in his/her discretion, implement such additional(e)procedures and routines as necessary to implement the CRP and make payments of SettlementFacility Payment Obligations consistent with the terms of this Settlement Facility Agreement, theCRP, the CMO (if applicable) and the Plan.

The Settlement Facility shall pay all Settlement Facility Expenses incurred(f)in connection with the administration of the Settlement Facility.

Post-Confirmation Asbestos Claims. Post-Confirmation Asbestos(g)Claimants shall not be subject to, or bound by, the Plan, the CRP or the CMO. However,Post-Confirmation Asbestos Claimants may elect to submit their Post-Confirmation Asbestos

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Claims to the Settlement Facility for Settlement Review pursuant to the procedures set forth inthe CRP. The Settlement Facility shall not assume any liability for payment ofPost-Confirmation Asbestos Claims, and any settlement offer extended to such Holders shall bepaid by the Reorganized Debtors. Post-Confirmation Asbestos Claimants who either (i) havesuch claim rejected by the Settlement Facility or (ii) receive an offer from the Settlement Facilityunder the CRP and reject such offer shall be entitled to pursue all rights and remedies, if any,against the Reorganized Debtors.

Non-Released Parties. 3.4

The Trustee shall use commercially reasonable efforts to attempt to cause(a)the Non-Truck Asbestos Insurers to pay for any portion of an Allowed Asbestos Claim that iscovered by the Non-Truck Asbestos Insurance Policies.

The Settlement Facility and the Reorganized Debtors reserve all Asbestos(b)Contribution Rights, including rights to recover any payments made to an Asbestos Claimantfrom the Non-Released Parties, including the Non-Truck Asbestos Insurers. The SettlementFacility shall pursue, and shall cause the Reorganized Debtors to pursue, all rights under theNon-Truck Asbestos Insurance Policies against the Non-Truck Asbestos Insurers, including anyrights for contribution and reimbursement that may arise from the payment of Asbestos Claimsby the Settlement Facility or the Reorganized Debtors.

Indemnification of the Reorganized Debtors, Released Parties, Trustee, FCR3.5and Their Representatives.

The Settlement Facility shall defend, indemnify, and hold harmless the(a)Reorganized Debtors (other than the payment of Allowed Asbestos Claims pursuant to the Planand the CRP), and the Released Parties, and their Representatives, from and against any and alllosses arising out of, related to, or associated with any Asbestos Claims asserted, commenced orcontinued against the Reorganized Debtors, or any Released Party after the Effective Date otherthan, as to the Reorganized Debtors and their Representatives, losses associated with UninsuredAsbestos Claims

The Settlement Facility shall defend, indemnify, and hold harmless the(b)Trustee, the FCR, the CAC, their Representatives and the Released Parties to the fullest extentavailable under law against any and all liabilities, expenses, claims, damages or losses incurredby them in the performance of their duties hereunder. Notwithstanding the foregoing, none ofthe Trustee, the FCR, the CAC, their Representatives or the Released Parties shall beindemnified or defended in any way for any liability, expense, claim, damage, or loss as a resultof their willful misconduct.

Reasonable expenses, costs, and fees (including reasonable attorneys’ fees(c)and costs) incurred by or on behalf of the Reorganized Debtors, any Released Party, the Trustee,the FCR, the CAC or their Representatives in connection with any action, suit, or proceeding,whether civil, administrative or arbitrative from which he or she is indemnified by the SettlementFacility pursuant to this Section 3.5, shall be paid by the Settlement Facility in advance of thefinal disposition thereof; provided, however, with respect to Section 3.2(b), such reasonable

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expenses, costs, and fees shall not be advanced for the benefit of any of the Trustee, the FCR, theCAC or their Representatives in litigation pertaining to the performance of their duties hereunderuntil such Person shall have delivered a written undertaking to the Settlement Facility to repaysuch reasonable expenses, costs, and fees advanced on such Person’s behalf in the event that itshall be determined ultimately by Final Order that such Person is not entitled to be indemnifiedby the Settlement Facility.

The Trustee may purchase and maintain reasonable amounts and types of(d)insurance on behalf of the Settlement Facility and pay any Person who is or was a Trustee, theFCR, or their Representatives against liability asserted against or incurred by such Person in theperformance of such parties’ duties hereunder.

Article 4.

ACCOUNTS, INVESTMENTS, AND PAYMENTS

4.1 Litigation Fund(a) . Upon the establishment of the Settlement Facility, and ifrequired under the Plan, the Trustee shall establish the Litigation Fund, which shall be usedexclusively to pay Litigation Expenses. The Litigation Fund shall initially be funded by theTruck Litigation Fund Contribution. The Trustee shall cause the Litigation Fund to bereplenished on at least a semi-annual basis from the Settlement Facility Assets and shall ensurethat the Litigation Fund maintains a balance of at least $10 million.

4.2 Accounts. The Trustee may, from time to time, establish and maintain such4.1other accounts and reserves within the Settlement Facility Assets as he/she may deem necessary,prudent, or useful in order to provide for the payment of Allowed Asbestos Claims pursuant tothe CRP and Settlement Facility Expenses payable hereunder in accordance with this SettlementFacility Agreement, the CRP, and the Plan, and may, with respect to any such account or reserve,restrict the use of monies therein.

4.3 Investments. Investment of monies held in the Settlement Facility shall be4.2administered in the manner in which individuals of ordinary prudence, discretion, and judgmentwould act in the management of their own affairs, subject to the following limitations andprovisions:

The Settlement Facility shall not acquire, directly or indirectly, equity in(a)any Entity or business enterprise if, immediately following such acquisition, the SettlementFacility would hold more than 5% of the equity in such Entity or business enterprise. TheSettlement Facility shall not hold, directly or indirectly, more than 10% of the equity in anyEntity or business enterprise.

The Settlement Facility shall not acquire or hold any long-term debt(b)securities unless (i) such securities are rated “A” or higher by Moody’s Investors Services, Inc.(“Moody’s”) or by Standard & Poor’s Corporation (“S&P”), or (ii) such securities have beenissued or fully guaranteed as to principal and interest by the United States of America or anyagency or instrumentality thereof.

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The Settlement Facility shall not acquire or hold any commercial paper(c)unless such commercial paper is rated “P-1” or higher by Moody’s or “A-1” or higher by S&P orhas been given an equivalent rating by another nationally recognized statistical rating agency.

The Settlement Facility shall not acquire or hold any promissory note of a(d)domestic corporation unless such note is rated “A” or higher by Moody’s or S&P.

The Settlement Facility shall not acquire or hold any foreign or domestic(e)banker’s acceptance, certificate of deposit, time deposit, or note, unless that instrument is rated“A” or higher by Moody’s or S&P.

The Settlement Facility may acquire issue which is a direct or indirect(f)obligation of any state, county, city or other qualifying entity. A short term issue may be rated nolower than “MIG 1” or “SP-1”; a long-term issue may be rated no lower than “A” by S&P orMoody’s.

The Settlement Facility may invest in a money market fund if the fund has(g)minimum net assets of [$2 billion].

The Settlement Facility shall not acquire or hold any common or preferred(h)stock or convertible securities unless such stock or securities are rated “A” or higher by Moody’sor “A” or higher by S&P’s.

The Settlement Facility shall not acquire any securities or other(i)instruments issued by any Person (other than debt securities or other instruments issued or fullyguaranteed as to principal and interest by the United States of America or any agency orinstrumentality thereof) if, following such acquisition, the aggregate fair market value asdetermined in good faith by the Trustee of all securities and instruments issued by such Personheld by the Settlement Facility would exceed 2% of the aggregate value of the SettlementFacility. The Settlement Facility shall not hold any securities or other instruments issued by anyPerson (other than debt securities or other instruments issued or fully guaranteed as to principaland interest by the United States of America or any agency or instrumentality thereof) to theextent that the aggregate fair market value as determined in good faith by the Trustee of allsecurities and instruments issued by such Person and held by the Settlement Facility wouldexceed 5% of the aggregate value of the Settlement Facility.

The Settlement Facility shall not acquire or hold any certificates of deposit(j)unless all publicly-held, long-term debt securities, if any, of the financial institution issuing thecertificate of deposit and the holding company, if any, of which such financial institution is asubsidiary, meet the standards set forth in Section 4.34.2(b).

The Settlement Facility shall not acquire or hold any options or(k)derivatives; provided, however, that the Settlement Facility may invest no more than 5% of theaggregate value of the Settlement Facility in multi-strategy hedge funds.

The Settlement Facility shall not acquire or hold any repurchase(l)obligations unless, in the opinion of the Trustee, they are adequately collateralized.

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Notwithstanding the foregoing, the Settlement Facility may acquire and(m)hold (A) the New Equity Interests, and (B) any other property or asset included in kind in theSettlement Facility Assets, in each case without regard to any of the limitations set forth in suchclauses (a) through (l).

4.4 Source of Payments. All Settlement Facility Expenses and all liabilities with4.3respect to each of the Settlement Facility Payment Obligations shall be payable by the SettlementFacility out of the Settlement Facility Accounts, provided, however, that the Litigation Fund shallbe used solely for the payment of Litigation Expenses. Neither the Reorganized Debtors (exceptas provided in the Plan, the CRP and this Settlement Facility Agreement), nor their respectiveAffiliates or subsidiaries, nor any successor in interest, nor the Trustee, nor the FCR, nor anydirectors, officers, employees, or agents of the foregoing shall be liable for the payment of anySettlement Facility Payment Obligations, Settlement Facility Expenses, or any other liability ofthe Settlement Facility.

4.5 Indemnification. Any claim for indemnification from the Settlement Facility4.4and all costs and expenses associated therewith (except for an indemnification claim which isalso a Kaiser Asbestos Claim) shall be satisfied from the Settlement Facility Assets. Nothingherein is intended to be, nor shall it be construed as, an admission as to the validity orenforceability of any particular claim for indemnification, including any claim forindemnification by any Holder of an Asbestos Claim.

4.6 Medicare Obligations.

(a) It is the position of the parties to this Settlement Facility Agreement thatany party making a Settlement Facility Contribution (as defined in the Plan) (the “SettlementFacility Funders”) will have no reporting obligations in respect of their contributions to theSettlement Facility, or in respect of any payments, settlements, resolutions, awards, or otherclaim liquidations by the Settlement Facility, under the reporting provisions of 42 U.S.C. §1395yet seq. or any other similar statute or regulation, and any related rules, regulations, or guidanceissued in connection therewith or relating thereto (“MSPA”), including Section 111 of theMedicare, Medicaid, and SCHIP Extension Act of 2007 (P. L. 110-173), or any other similarstatute or regulation, and any related rules, regulations, or guidance issued in connectiontherewith or relating thereto (“MMSEA”). Unless and until there is definitive regulatory,legislative, or judicial authority (as embodied in a final non-appealable decision from the UnitedStates Court of Appeals for the Fourth Circuit or the United States Supreme Court), or a letterfrom the Secretary of Health and Human Services confirming that the Settlement FacilityFunders have no reporting obligations under MMSEA with respect to any settlements, payments,or other awards made by the Settlement Facility or with respect to contributions the SettlementFacility Funders have made or will make to the Settlement Facility, the Settlement Facility shall,at its sole expense, in connection with the implementation of the Plan, act as a reporting agent forthe Settlement Facility Funders, and shall timely submit all reports that would be required to bemade by any of the Settlement Facility Funders under MMSEA on account of any claims settled,resolved, paid, or otherwise liquidated by the Settlement Facility or with respect to contributionsto the Settlement Facility, including, but not limited to, reports that would be required if theSettlement Facility Funders were otherwise found to have MMSEA reporting requirements. The

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Settlement Facility, in its role as reporting agent for the Asbestos Protected Parties, shall followall applicable guidance published by the Centers for Medicare & Medicaid Services of theUnited States Department of Health and Human Services and/or any other agent or successorentity charged with responsibility for monitoring, assessing, or receiving reports made underMMSEA (collectively, “CMS”) to determine whether or not, and, if so, how, to report to CMSpursuant to MMSEA.

(b) As long as the Settlement Facility is required to act as a reporting agent forany Settlement Facility Funder pursuant to the provisions of Section 4.6(a) above, the SettlementFacility shall within ten (10) business days following the end of each calendar quarter, provide awritten certification to the party designated in writing by each Settlement Facility Funder forwhich the Settlement Facility is required to act as reporting agent, confirming that all reports toCMS required by Section 4.6(a) above have been submitted in a timely fashion, and identifying(i) any reports that were rejected or otherwise identified as noncompliant by CMS, along with thebasis for such rejection or noncompliance, and (ii) any payments to Medicare benefits recipientsor Medicare-eligible beneficiaries that the Settlement Facility did not report to CMS.

(c) With respect to any reports rejected or otherwise identified asnoncompliant by CMS, the Settlement Facility shall, upon request by a Settlement FacilityFunder for which the Settlement Facility is required to act as reporting agent, promptly providecopies of the original reports submitted to CMS, as well as any response received from CMSwith respect to such reports; provided, however, that the Settlement Facility may redact fromsuch copies the names, Social Security numbers other than the last four digits, health insuranceclaim numbers, taxpayer identification numbers, employer identification numbers, mailingaddresses, telephone numbers, and dates of birth of the injured parties, claimants, guardians,conservators and/or other personal representatives, as applicable. With respect to any suchreports, the Settlement Facility shall reasonably undertake to remedy any issues ofnoncompliance identified by CMS and resubmit such reports to CMS, and, upon request by anSettlement Facility Funder, provide such Settlement Facility Funder with copies of suchresubmissions; provided, however, that the Settlement Facility may redact from such copies thenames, Social Security numbers other than the last four digits, health insurance claim numbers,taxpayer identification numbers, employer identification numbers, mailing addresses, telephonenumbers, and dates of birth of the injured parties, claimants, guardians, conservators and/or otherpersonal representatives, as applicable. In the event the Settlement Facility is unable to remedyany issues of noncompliance, the provisions of Section 4.6(g) below shall apply.

(d) As long as the Settlement Facility is required to act as a reporting agent fora Settlement Facility Funder pursuant to Section 4.6(a) above, with respect to each claim of aMedicare benefits recipient or Medicare-eligible beneficiary that was paid by the SettlementFacility and not reported to CMS, the Settlement Facility shall, upon request by such SettlementFacility Funder, promptly provide the claimant’s name, last four digits of the claimant’s SocialSecurity number, the year of the claimant’s birth, the claimants’ asbestos-related disease, and anyother information that may be necessary in the reasonable judgment of such Settlement FacilityFunder to satisfy its obligations, if any, under MMSEA, as well as the basis for the SettlementFacility’s failure to report the payment. In the event the Settlement Facility Funder informs theSettlement Facility that it disagrees with the Settlement Facility’s decision not to report a claimpaid by the Settlement Facility, the Settlement Facility shall promptly report the payment to

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CMS. All documentation relied upon by the Settlement Facility in making a determination that apayment did not have to be reported to CMS shall be maintained for a minimum of six yearsfollowing such determination. The Settlement Facility Funders shall keep any information anddocuments received from the Settlement Facility pursuant to this Section 4.6(d) confidential andshall not use such information for any purpose other than meeting obligations under MSPAand/or MMSEA.

(e) As long as the Settlement Facility is required to act as a reporting agent forany Settlement Facility Funder pursuant to Section 4.6(a) above, the Settlement Facility shallmake the reports and provide the certifications required by Section 4.6(a) and (b) above untilsuch time as the Settlement Facility Funder shall determine, in its reasonable judgment, that ithas no further legal obligation under MMSEA or otherwise to report any settlements, resolutions,payments, or liquidation determinations made by the Settlement Facility or contributions to theSettlement Facility. Furthermore, following any permitted cessation of reporting, or if reportinghas not previously commenced due to the satisfaction of one or more of the conditions set forthin Section 4.6(a) above, and if the Settlement Facility Funder reasonably determines, based onsubsequent legislative, administrative, regulatory, or judicial developments, that reporting isrequired, then the Settlement Facility shall promptly perform its obligations under Section 4.6(a)and (b) above.

(f) Section 4.6(a) above is intended to be purely prophylactic in nature, anddoes not imply, and shall not constitute an admission, that any Settlement Facility Funder is, infact, an “applicable plan” within the meaning of MMSEA, or that any Settlement Facility Funderhas a legal obligation to report any actions undertaken by the Settlement Facility or contributionsto the Settlement Facility under MMSEA or any other statute or regulation.

(g) In the event that CMS concludes that reporting done by the SettlementFacility in accordance with Section 4.6(a) above is or may be deficient in any way, and has notbeen corrected to the satisfaction of CMS in a timely manner, or if CMS communicates to theSettlement Facility or any of the Settlement Facility Funders a concern with respect to thesufficiency or timeliness of such reporting, or there appears to an Settlement Facility Funder areasonable basis for a concern with respect to the sufficiency or timeliness of such reporting ornon-reporting based upon the information received pursuant to Section 4.6(b), (c) or (d) above,or other credible information, then each Settlement Facility Funder shall have the right to submitits own reports to CMS under MMSEA, and the Settlement Facility shall provide in a timelymanner to any Settlement Facility Funder that elects to file its own reports such information asthe electing Settlement Facility Funder may require in order to comply with MMSEA, including,without limitation, the full reports filed by the Settlement Facility pursuant to Section4.6(a)above without any redactions. Such Settlement Facility Funder shall keep any informationit receives from the Settlement Facility pursuant to this Section 4.6(g) confidential and shall notuse such information for any purpose other than meeting obligations under MSPA and/orMMSEA.

(h) Notwithstanding any other provision hereof, if the Settlement Facility isrequired to act as a reporting agent for any of the Settlement Facility Funders pursuant to theprovisions contained herein, then such Settlement Facility Funders shall take all steps necessaryand appropriate as required by CMS to permit any reports contemplated by this Section 4.6 to be

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filed. Furthermore, until an Settlement Facility Funder provides the Settlement Facility with anynecessary information regarding that Settlement Facility Funder’s identifying information thatmay be required by CMS’s Coordination of Benefits Contractor to effectuate reporting, theSettlement Facility shall have no obligation to report under Section 4.6(a) above with respect toany such entity that has not provided such information and the Settlement Facility shall have noindemnification obligation under Section 4.6(j) to such Settlement Facility Funder for anypenalty, interest, or sanction that may arise solely on account of the Settlement Facility Funder’sfailure to timely provide such information to the Settlement Facility in response to a timelyrequest by the Settlement Facility for such information.

(i) The Trustee shall obtain prior to remittance of funds to claimants’ counselor to the claimant, if pro se, in respect of any Claim a certification from the claimant to be paidthat said claimant has or will provide for the payment and/or resolution of any obligations owingor potentially owing under MSPA in connection with, or relating to, such Claim whichcertification shall acknowledge that the Settlement Facility Funders also are beneficiaries of suchcertification. The Settlement Facility shall provide a quarterly certification of its compliancewith the terms of the immediately preceding sentence to the party designated in writing by eachSettlement Facility Funder for which the Settlement Facility is required to act as reporting agent,and shall permit reasonable audits by such Asbestos Protected Parties, no more often thanquarterly, to confirm the Settlement Facility’s compliance with this Section 4.6(i) during whichSettlement Facility Funder may request copies of claimant certifications. For the avoidance ofdoubt, the Settlement Facility shall be obligated to comply with the requirements of this Section4.6(i) regardless of whether an Settlement Facility Funder elects to file its own reports underMMSEA pursuant to Section 4.6(g) above. The Settlement Facility Funders shall keep anyinformation and documents received from the Settlement Facility pursuant to this Section 4.6(i)confidential and shall not use such information for any purpose other than meeting obligationsunder MSPA and/or MMSEA.

(j) Except as expressly provided elsewhere in this Settlement FacilityAgreement, the Settlement Facility shall defend, indemnify, and hold harmless a SettlementFacility Funder with respect to any Claim against such Settlement Facility Funder in respect ofMedicare claims reporting and payment obligations in connection with Claims, including anyobligations owing or potentially owing under MMSEA or MSPA in connection therewith, orrelating thereto and any penalty, interest, or sanction. The foregoing indemnification obligationof the Settlement Facility is a direct obligation of the Settlement Facility and is not subject toapplication of any payment percentage or other reduction.

Article 5.

TRUSTEE

Appointment. The Trustee shall be nominated by the Plan Proponent on or5.1before the Confirmation Date. The Bankruptcy Court, after notice and opportunity for hearing,shall appoint the Trustee nominated by the Plan Proponent to serve as the Trustee of the

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Settlement Facility effective as of the Effective Date. To become eligible, the Trustee must meetthe qualification requirements of Section 5.7.1

Term of Service.5.2

The initial Trustee shall serve from the Effective Date and each successor(a)Trustee named to fill a vacancy shall serve from the date of appointment until the earlier of (i) hisor her death, (ii) the end of the calendar year in which he or she reaches age 75, (iii) his or herresignation pursuant to Section 5.2(b), (iv) his or her removal pursuant to Section 5.2(c), or (v)the termination of the Settlement Facility pursuant to Section 8.2.

The Trustee may resign at any time by written notice to the FCR, the CAC(b)and Truck. Such notice shall specify a date when such resignation shall take effect, which shallnot be less than ninety (90) days after the date such notice is given, where practicable.

The Trustee may be removed in the event that he/she becomes unable to(c)discharge his or her duties hereunder due to accident, physical deterioration, mentalincompetence, or for other good cause. Good cause shall be deemed to include any substantialfailure to comply with Sections 3.2 or 3.3, a consistent pattern of neglect and/or failure toperform the duties of a trustee hereunder, or repeated non-attendance at scheduled meetings.Such removal shall be made by order of the Bankruptcy Court, upon motion by Truck, the FCRor the CAC.

Appointment of Successor Trustee(s).5.3

In the event of a vacancy in the position of a Trustee, Truck shall nominate(a)a successor, after consultation with the FCR and the CAC. The Bankruptcy Court, after noticeand opportunity for hearing, shall appoint any successor Trustee so nominated. To becomeeligible, the successor Trustee must meet the qualification requirements of Section 5.7.

Immediately upon the appointment of any successor Trustee, all rights,(b)titles, duties, powers and authority of the predecessor Trustee hereunder shall be vested in, andundertaken by, the successor Trustee without any further act. No successor Trustee shall beliable personally for any act or omission of his or her predecessor Trustee.

Liability of Trustee, Officers and Employees. Neither the Trustee, the5.4Settlement Facility, nor its Representatives shall be liable to the Settlement Facility, to anyPerson holding a Claim, or to any other Person except for willful misconduct.

Compensation and Expenses of Trustee.5.5

[The Trustee shall receive compensation from the Settlement Facility for(a)his or her services as a Trustee in the amount of $50,000 per annum plus payment for his or herservices at a reasonable hourly rate to be determined by the Bankruptcy Court. Thecompensation payable to the Trustee hereunder shall be reviewed every three (3) years and

1 The Plan Proponent reserves the right to name up to three (3) Trustees and in such event one (1) Trustee shall serve as managing Trustee.

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appropriately adjusted by order of the Bankruptcy Court upon the motion of the Trustee, afterconsultation with Truck, the FCR and the CAC.]2

The Settlement Facility shall promptly reimburse the Trustee on a monthly(b)basis for all reasonable out-of-pocket costs and expenses incurred by the Trustee in connectionwith the performance of his or her duties and authorized hereunder.

The Settlement Facility shall include a description of the amounts paid(c)under this Section 5.5 in the report to be filed pursuant to Section 3.2 of this Settlement FacilityAgreement.

Trustee’s Employment of Professionals. The Trustee may, but shall not be5.6required to, retain and/or consult with counsel, accountants, appraisers, auditors, forecasters, andprofessionals related to the administration of the payment of Settlement Facility PaymentObligations and Settlement Facility Expenses including but not limited to medical professionalsand other Persons deemed by the Trustee to be qualified as experts on the matters submitted tothem, and the opinion of any such Persons on any matters submitted to them by the Trustee shallbe full and complete authorization and protection in respect of any action taken or not taken bythe Trustee hereunder in good faith and in accordance with the written opinion of any suchPerson, in the absence of gross negligence.

Trustee Qualifications and Independence. The Trustee shall be (i) an5.7individual over the age of 35 whose experience and background are appropriate for theresponsibilities hereunder, and (ii) at the time of appointment and at all times during the term ofservice, independent. For purposes of this Settlement Facility Agreement, an individual is notindependent if such individual:

is or was an attorney who represented a plaintiff or a defendant in an(a)asbestos- related personal injury or wrongful death case;

is or was at any time a Holder or a representative of a Holder of any Claim(b)against any Debtor or any other Released Party;

has or had a relationship with the Holder of any claim against the Debtors(c)or any Released Party such that the person’s impartiality in serving as Trustee could reasonablybe questioned;

is or was at any time, an investment banker, financial advisor, accountant(d)or attorney for the Holder of any Claim against the Debtor or any other Released Party, or anofficer, director, employee or agent of any Person that provides or provided investment banking,financial advice, accounting or legal services to the Holder of any Claim against the Debtor orany other Released Party;

is an individual who serves or served as a future claimants’ representative,(e)member of a trust advisory committee (or similar committee), or trustee of any asbestos personalinjury trust;

2 The structure and amount of compensation payable to the Trustee(s) TBD.

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is or was a professional (such as an expert who made projections or(f)analysis of asbestos-related claims or an attorney of a law firm) that was engaged by or advised adebtor, official or unofficial group of asbestos personal injury creditors, trust advisory committee(or similar committee), or future claimants’ representative in an asbestos-related bankruptcyproceeding or in connection with a trust or other facility created as a result of such bankruptcy;

is a Holder of any equity interest (other than interests held indirectly(g)through publicly-traded mutual funds) in a Debtor or any other Released Party;

is or was an officer, director, employee or agent of a Debtor or any other(h)Released Party or otherwise is or was an “insider,” as defined in the Bankruptcy Code, withrespect to a Debtor or any other Released Party; or

is or was an investment banker, financial advisor, accountant or attorney(i)for a Debtor or any other Released Party, or an officer, director, employee or agent of any Personthat provides or provided investment banking, financial advice, accounting or legal services to aDebtor or any other Released Party.

Bond. The Trustee shall not be required to post any bond or other form of surety5.8or security unless otherwise ordered by the Bankruptcy Court.

Article 6.

THE FUTURE CLAIMANTS’ REPRESENTATIVE

Duties. The FCR shall represent the interests of, appear on behalf of, and be a6.1fiduciary to persons that might subsequently assert Claims against the Settlement Facility. TheFCR is a party in interest in the bankruptcy case, and has standing under section 1109(b) of theBankruptcy Code to raise issues, to appear, and to be heard in connection with the bankruptcycase in matters for which the Court retains jurisdiction and for which rights of persons that mightsubsequently assert Claims against the Settlement Facility are affected.

Term of Office.6.2

The FCR shall serve until the earlier of (i) his or her death, (ii) the end of(a)the calendar year in which he or she reaches age 75, (iii) his or her resignation pursuant toSection 6.2(b), (iv) his or her removal pursuant to Section 6.2(c), or (v) the termination of theSettlement Facility pursuant to Section 8.2.

The FCR may resign at any time by written notice to the Trustee. Such(b)notice shall specify a date when such resignation shall take effect, which shall not be less thanninety (90) days after the date such notice is given, where practicable.

The FCR may be removed in the event he or she becomes unable to(c)discharge his or her duties hereunder due to accident, physical deterioration, mentalincompetence, or for other good cause. Good cause shall be deemed to include a consistentpattern of neglect and failure to perform or to participate in performing the duties of the FCR

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hereunder and under the CRP, such as repeated nonattendance at scheduled meetings. Suchremoval shall be made by order of the Bankruptcy Court, upon motion by the Trustee.

Appointment of Successor. A successor FCR shall be appointed by order of the6.3Court, upon the nomination by the Trustee and notice to the CAC.

Future Claimants’ Representative’s Employment of Professionals. With the6.4consent of the Trustee, or absent consent of the Trustee, upon the motion of the FCR and order ofthe Bankruptcy Court, the FCR may retain counsel or other relevant professionals to advise theFCR in connection with his/her performance of his/her duties as FCR, with expenses to be paidby the Settlement Facility.

Compensation and Expenses of the Future Claimants’ Representative.6.5

The FCR shall receive compensation from the Settlement Facility for his(a)or her services in the form of the FCR’s normal hourly rate for services performed, consistentwith the Bankruptcy Court’s order approving his appointment, such compensation being subjectto an annual review, adjustment, and approval by the Trustee.

The Settlement Facility shall promptly reimburse, or pay directly if so(b)instructed, the FCR for all reasonable out-of-pocket costs and expenses, including (i) fees andcosts associated with the employment of professionals pursuant to Section 6.4, (ii) reasonablefees and costs incurred in connection with the performance of his or her duties hereunder, and(iii) reasonable fees and costs associated with the procurement and maintenance of insuranceincurred by the FCR in connection with the performance of his or her duties hereunder. All suchreimbursements or direct payments shall be subject to approval by the Trustee and shall bedeemed Settlement Facility Expenses.

Liability of Future Claimants’ Representative. Neither the FCR nor his or her6.6Representatives shall be liable to the Settlement Facility, to any Person holding a Claim, or toany other Person except for willful misconduct.

Article 7.

CLAIMANTS ADVISORY COMMITTEE

Formation and Number. The CAC shall be formed pursuant to the Plan as of7.1the Effective Date. The CAC shall be composed of three (3) members who are lawyers presentlyrepresenting Asbestos Claimants. The initial CAC members shall be appointed and identified inthe Confirmation Order. The CAC shall have a chairperson who shall act as the CAC’s liaisonwith the Settlement Facility and the FCR, coordinate and schedule meetings of the CAC, andhandle all administrative matters that come before the CAC.

Role. The members of the CAC shall provide advice and information on issues7.2concerning Holders of Unresolved Asbestos Claims for which an alleged asbestos-related injuryhas manifested, become evident, or been diagnosed as of the date of the Confirmation Order isentered by the court, including without limitation, claims that are pending in courts other than the

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Bankruptcy court as of the Effective Date and that are not the subject of a settlement or FinalOrder, to the extent solicited by the Trustee. Members of the CAC shall serve in an advisory roleonly and shall not owe any duties to the Trustee or Settlement Facility. Members of the CACshall not undertake any additional obligation or role as a member of the CAC to act on behalf ofor in the interests of any Person, including any Holder of an Asbestos Claim or any class or groupof Holders of Asbestos Claims. The CAC does not constitute a committee under section 1103 ofthe Bankruptcy Code and neither the CAC, nor any member of the CAC by virtue of service onthe CAC, has standing to raise issues, to appear, or to be heard on issues in the bankruptcy case.

Term of Office.7.3

Each member of the CAC shall serve until the earlier of (i) his or her(a)death, (ii) the end of the calendar year in which he or she retires from the practice of law orceases representing asbestos personal injury claimants, (iii) the expiration of 5 years since his/herappointment; (iv) his or her resignation pursuant to Section 7.3(b)), (v) his or her removalpursuant to Section 7.3(c) or (vi) the termination of the Settlement Facility pursuant to Section8.2.

Any member of the CAC may resign at any time by written notice to each(b)of the remaining members of the CAC, the Trustee, and the FCR. Such notice shall specify adate when such resignation shall take effect, which shall not be less than ninety (90) days afterthe date such notice is given, where practicable.

Any member of the CAC may be removed in the event he or she becomes(c)unable to serve hereunder due to accident, physical deterioration, mental incompetence, or forother good cause. Good cause shall be deemed to include repeated non-attendance at scheduledmeetings. Such removal shall be made by order of the Bankruptcy Court, upon motion by theTrustee.

Appointment of Successors. A successor CAC member shall be an individual7.4and shall be nominated by the Trustee after consultation with Truck and the FCR, and approvedby the Bankruptcy Court.

Compensation for Attendance at Meetings and Expenses of the CAC. The7.5members of the CAC shall be compensated for attendance at regular meetings and speciallycalled meetings in the form of a reasonable hourly rate set by the Trustee, such compensationbeing subject to an annual review, adjustment, and approval by the Trustee. The SettlementFacility shall promptly reimburse, or pay directly if so instructed, each respective CAC memberfor out-of-pocket costs associated with attending such meetings.

Article 8.

GENERAL PROVISIONS

Irrevocability. This Trust is irrevocable.8.1

Termination.8.2

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The Settlement Facility shall automatically terminate on the date ninety(a)(90) days after the first to occur of the following events (the “Termination Date”):

upon the motion of the Trustee and order of the Bankruptcy Court,(i)in his/her discretion, because (A) he/she deems it unlikely that new Settlement ReviewClaims will be filed or Litigation Option Expenditures, including Litigation Expenses,will be incurred, and (B) all Allowed Asbestos Claims have been paid to the extentprovided in this Settlement Facility Agreement and the CRP; or

if the Trustee has procured and has in place irrevocable insurance(ii)policies and has established claims handling agreements and other necessaryarrangements with suitable third parties adequate to discharge all expected remainingobligations and expenses of the Settlement Facility in a manner consistent with thisSettlement Facility Agreement and the CRP, the date on which the Bankruptcy Courtenters an order approving such insurance and other arrangements and such order becomesa Final Order.

On the Termination Date, after payment of all the Settlement Facility’s(b)liabilities, after all Settlement Facility Payment Obligations, Settlement Facility Expenses andLitigation Expenses have been paid, andthen (1) unless they have been sold, transferred orexchanged in accordance with Section 3.1(c)(xv) and Section 2.11.2 of the Plan, the New EquityInterests will be transferred to the Holder of the HPCI Equity Interests on the Effective Date and(2) after liquidation of all properties and other non-cash Settlement Facility Assets then held bythe Settlement Facility (other than the New Equity Interests), all monies remaining in theSettlement Facility estate shall be given to suchcharitable organization(s) exempt from federalincome tax under IRC § 501(c)(3), which tax- exempt organization(s) shall be selected by theTrustee using his/her reasonable discretion; provided, however, that (i) if practicable, thetax-exempt organization(s) shall be related to the treatment of, research on, or the relief ofsuffering of individuals suffering from asbestos-related lunghave as one of its principal purposesmedical research on mesothelioma, lung cancer or other lung-related disorders, and (ii) thetax-exempt organization(s) shall not bear any relationship to Reorganized Debtors within themeaning of IRC § 468B(d)(3). Notwithstanding any other provision of the Plan Documents, thisSection 8.2(b) cannot be modified or amended.

If the Termination Date occurs before Truck has made the entire amount(c)of the Truck Structured Settlement Facility Contribution, Truck shall have no further obligationto make any unpaid portion of the Truck Structured Settlement Facility Contribution to any party.

Amendments. The Bankruptcy Court, upon a motion of the Trustee (after8.3consultation with the FCR and the CAC and with the consent of Truck) may modify or amendthis Settlement Facility Agreement or any document annexed to it, including the CRP (provided,however, the provisions of the CRP, if any, regarding any such modification or amendment arealso followed) based on proof that such modification or amendment is necessary to achieve thepurposes of the Settlement Facility. Except as modified by an order of the Bankruptcy Court, noamendment or modification of this Settlement Facility Agreement may be made.

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Notwithstanding the foregoing, neither this Settlement Facility Agreement, the CRP, nor anydocument annexed thereto shall be modified or amended in any way that:

purports to modify any right or obligation under the Plan (except rights or(a)obligations under this Settlement Facility Agreement or the CRP, modified according to theirterms);

modifies the rights, duties, or obligations (except for the payment of(b)compensation) of the FCR, the CAC, or the Reorganized Debtors, hereunder;

favors any Claim, or Class of Claims, over any other Claim, or Class of(c)Claims;

affects the Settlement Facility’s obligation to make information available(d)to make financial and other reports required by this Settlement Facility Agreement available tothe public;

changes the Settlement Facility’s responsibility for Litigation Option(e)Expenditures;

changes the release requirements in the CRP.(f)

Severability. Should any provision in this Settlement Facility Agreement be8.4determined to be unenforceable, such determination shall in no way limit or affect theenforceability and operative effect of any and all other provisions of this Settlement FacilityAgreement.

Notices. Notices to Persons asserting Asbestos Claims shall be given at the8.5address of such Person, or, where applicable, such Person’s representative, in each case asprovided on such person’s Claim Form submitted to the Settlement Facility with respect to his orher or its Claim or as otherwise provided to the Settlement Facility. Any notices or other reportrequired or permitted by this Settlement Facility Agreement must be in (i) writing and is deemedgiven (a) when delivered personally to the recipient; (b) five (5) days after deposit in the U.S.mail, mailed by registered or certified mail, return receipt requested, postage prepaid, (c) if sentby email, when the communication is received at the designated addresses or (d) one (1) businessday after being sent to the recipient by reputable overnight courier service (charges prepaid); and(ii) addressed to the other Persons at the addresses set forth below, or at such other address assuch Person now designates from time to time in writing in accordance with this Section 8.5.

To the Settlement Facility through the Trustee:

[ ][ ][ ]Attention: [ ]Email: [ ]

To the Future Claimants’ Representative:

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Lawrence Fitzpatrick100 American Metro Blvd., Suite 108Hamilton, New Jersey 08619

With a copy to:

Young Conaway Stargatt & Taylor, LLPRodney Square, 1000 North King StreetWilmington, Delaware 19801Attention: Edwin J. HarronEmail: [email protected]

To the CAC:

[ ][ ][ ]Attention: [ ]Email: [ ]

With a copy to:

[ ][ ][ ]Attention: [ ]Email: [ ]

To Debtors or Reorganized Debtors:

Kaiser Gypsum Company, Inc.300 E. John Carpenter FreewayIrving, Texas 75062Attention: PresidentEmail: [ ]

With a copy to:

Jones Day2727 N. Harwood StreetDallas, Texas 75201Attention: Gregory M. GordonEmail: [email protected]

To Truck:

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Truck Insurance Exchange31051 Agoura RoadWestlake Village, California 91360Attention: Greg MarenoEmail: [email protected]

With a copy to:

Gibson, Dunn & Crutcher LLP200 Park Avenue, Suite 4700New York, New York 10166-0193Attention: Michael A. Rosenthal

Matthew G. BouslogEmail: [email protected]

[email protected]

Successors and Assigns. The provisions of this Settlement Facility Agreement8.6shall be binding upon and inure to the benefit of the Debtors, Reorganized Debtors, theSettlement Facility, Truck and the Trustee and their respective successors and assigns, exceptthat the Debtors, the Settlement Facility, or the Trustee may not assign or otherwise transfer anyof its, or his or her rights or obligations under this Settlement Facility Agreement, except, in thecase of the Settlement Facility and the Trustee, as contemplated by Sections 3.1 and 8.2.

Limitation on Claim Interests for Securities Laws Purposes. Claims and any8.7interests therein (a) shall not be assigned, conveyed, hypothecated, pledged or otherwisetransferred, voluntarily or involuntarily, directly or indirectly, except by will or under the laws ofdescent and distribution, (b) shall not be evidenced by a certificate or other instrument; (c) shallnot possess any voting rights; and (d) shall not be entitled to receive any dividends or interest.

Entire Agreement; No Waiver. The entire agreement of the parties relating to8.8the subject matter of this Settlement Facility Agreement is contained herein and in the documentsreferred to herein, and this Settlement Facility Agreement and such documents supersede anyprior oral or written agreements concerning the subject matter hereof. No failure to exercise ordelay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, norshall any single or partial exercise of any right, power or privilege hereunder preclude any furtherexercise thereof or of any other right, power or privilege. The rights and remedies hereinprovided are cumulative and are not exclusive of rights under law or in equity, except asotherwise provided in the Discharge Injunction and Contribution Injunction.

Headings. The headings used in this Settlement Facility Agreement are inserted8.9for convenience only and neither constitute a portion of this Settlement Facility Agreement, norin any manner affect the construction of the provisions of this Settlement Facility Agreement.

Governing Law. This Settlement Facility Agreement shall be governed by, and8.10construed in accordance with, the laws of the State of North Carolina without regard to itsconflict of laws principles.

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Dispute Resolution. Any disputes that arise under this Settlement Facility8.11Agreement or under the CRP shall be resolved by the Bankruptcy Court pursuant to the Plan,except as otherwise provided herein, or in the CRP. Notwithstanding anything else hereincontained, to the extent any provision of this Settlement Facility Agreement is inconsistent withany provision of the Plan, the Plan shall control.

Enforcement and Administration. The provisions of this Settlement Facility8.12Agreement and the annexes hereto shall be enforced by the Bankruptcy Court pursuant to thePlan, and may be enforced by any beneficiary of the Settlement Facility or the FCR. The partieshereby further acknowledge and agree that the Bankruptcy Court shall have exclusive jurisdictionover the settlement of the accounts of the Trustee.

Effectiveness. This Settlement Facility Agreement shall not become effective8.13until such time as it has been approved by the Bankruptcy Court and executed and delivered byall the parties hereto, and the Effective Date of the Plan has occurred. Nothing in this SettlementFacility Agreement shall prohibit the FCR from seeking relief any relief available underapplicable law with respect to the provisions of the Settlement Facility Agreement, the CRP, andthe operation of the Settlement Facility.

Counterpart Signatures. This Settlement Facility Agreement may be executed8.14in any number of counterparts, each of which shall constitute an original, but such counterpartsshall together constitute but one and the same instrument.

Notices Under Plan Documents. Unless otherwise addressed by this Settlement8.15Facility Agreement, the Trustee shall deliver to the FCR and the CAC a copy of all writtennotices that the Settlement Facility or the Trustee give or receive under any of the PlanDocuments (other than the CRP) promptly after receipt of the same. Notices to the FCR and theCAC under the CRP shall be governed by the provisions of the CRP.

[Signature page to follow]

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IN WITNESS WHEREOF, the parties have executed this Settlement Facility Agreementthis ________ day of _________________, 201_.

Kaiser Gypsum Company, Inc., DEBTOR

By: Name: Title:

Hanson Permanente Cement, Inc., DEBTOR

By: Name: Title:

Truck Insurance Exchange

By: Name: Title:

TRUSTEE:

By: Name:

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KAISER/HPCI SETTLEMENT FACILITY CLAIMS RESOLUTION PROCEDURES

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TABLE OF CONTENTS Page

i

SECTION 1

INTRODUCTION

1.1 Interpretation ....................................................................................................................... 1

1.2 Definitions........................................................................................................................... 1

1.2(a) “Affiliate” ................................................................................................................ 1 1.2(b) “Allowed” ................................................................................................................ 1 1.2(c) “Asbestos Claim” .................................................................................................... 2 1.2(d) “Asbestos Claimant” ............................................................................................... 2 1.2(e) “Asbestos Contribution Rights” .............................................................................. 2 1.2(f) “Asbestos Insurance Action” ................................................................................... 3 1.2(g) “Asbestos Insurance Agreement” ............................................................................ 3 1.2(h) “Asbestos Insurance Entity” ................................................................................... 3 1.2(i) “Asbestos Insurance Policy” ................................................................................... 4 1.2(j) “Assets” ................................................................................................................... 4 1.2(k) “Avoidance Action” ................................................................................................. 4 1.2(l) “Bankruptcy Administrator” ................................................................................... 4 1.2(m) “Bankruptcy Code” ................................................................................................. 4 1.2(n) “Bankruptcy Court” ................................................................................................ 4 1.2(o) “Bankruptcy Rules” ................................................................................................. 4 1.2(p) “Bar Date” .............................................................................................................. 5 1.2(q) “Basic Review” ........................................................................................................ 5 1.2(r) “Basic Review CRP Amount” .................................................................................. 5 1.2(s) “Business Day” ....................................................................................................... 5 1.2(t) “Bystander Kaiser Gypsum Product Contact” ....................................................... 5 1.2(u) “Case Management Order” or “CMO” ................................................................... 6 1.2(v) “Cash” ..................................................................................................................... 6 1.2(w) “Causes of Action” .................................................................................................. 6 1.2(x) “Chapter 11 Cases” ................................................................................................ 6 1.2(y) “Claim” ................................................................................................................... 7 1.2(z) “Claimant” .............................................................................................................. 7 1.2(aa) “Claimant Advisory Committee” ............................................................................. 7 1.2(bb) “Claim Form” ......................................................................................................... 7 1.2(cc) “Claims Payment Cap” ........................................................................................... 7 1.2(dd) “Comprehensive Review” ........................................................................................ 7 1.2(ee) “Comprehensive Review CRP Amount” .................................................................. 7 1.2(ff) “Confirmation Date” ............................................................................................... 8 1.2(gg) “Confirmation Order” ............................................................................................. 8 1.2(hh) “Contribution Injunction” ....................................................................................... 8 1.2(ii) “Court” .................................................................................................................... 8 1.2(jj) “Creditor” ............................................................................................................... 8 1.2(kk) “Current Asbestos Claim” ....................................................................................... 8

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TABLE OF CONTENTS (continued)

Page

ii

1.2(ll) “Debtors” ................................................................................................................ 9 1.2(mm) “Deductible” ................................................................................................... 9 1.2(nn) “Direct Claim” ........................................................................................................ 9 1.2(oo) “Direct Claimant” ................................................................................................... 9 1.2(pp) “Direct Kaiser Gypsum Product Contact” ............................................................. 9 1.2(qq) “Disallowed” ........................................................................................................... 9 1.2(rr) “Discharge Injunction” ......................................................................................... 10 1.2(ss) “Disclosure Statement” ......................................................................................... 10 1.2(tt) “Disputed”............................................................................................................. 10 1.2(uu) “District Court” .................................................................................................... 10 1.2(vv) “Effective Date” .................................................................................................... 10 1.2(ww) “Entity” ......................................................................................................... 11 1.2(xx) “Environmental Claim” ........................................................................................ 11 1.2(yy) “Environmental Insurance Policy” ....................................................................... 11 1.2(zz) “Equity Interest” ................................................................................................... 11 1.2(aaa) “Estate(s)” ..................................................................................................... 11 1.2(bbb) “Excess CIP Agreement” .............................................................................. 11 1.2(ccc) “File”............................................................................................................. 12 1.2(ddd) “Final Order”................................................................................................ 12 1.2(eee) “Future Asbestos Claim” .............................................................................. 12 1.2(fff) “Future Claimants’ Representative” ..................................................................... 12 1.2(ggg) “GUC Trust Seed Funding Amount” ............................................................. 13 1.2(hhh) “Hardship Claim” ......................................................................................... 13 1.2(iii) “Holder” ................................................................................................................ 13 1.2(jjj) “HPCI” .................................................................................................................. 13 1.2(kkk) “Indirect Claim”............................................................................................ 13 1.2(lll) “Indirect Claimant” .............................................................................................. 13 1.2(mmm) “Injured Party” ............................................................................................. 13 1.2(nnn) “Insurance Entity” ........................................................................................ 13 1.2(ooo) “Insurance Policy” ........................................................................................ 14 1.2(ppp) “Kaiser” ........................................................................................................ 14 1.2(qqq) “Kaiser Gypsum Product(s)” ........................................................................ 14 1.2(rrr) “Kaiser Gypsum Product Contact” ....................................................................... 14 1.2(sss) “Lehigh Hanson” .......................................................................................... 14 1.2(ttt) “Lehigh Hanson Contribution” ............................................................................. 14 1.2(uuu) “Liens” .......................................................................................................... 14 1.2(vvv) “Litigation Expenses” ................................................................................... 14 1.2(www) “Litigation Option” ....................................................................................... 15 1.2(xxx) “Litigation Option Claim” ............................................................................ 15 1.2(yyy) “Litigation Option Claimant” ....................................................................... 15 1.2(zzz) “Matrix Amount” ........................................................................................... 15 1.2(aaaa) “Non-Released Party” ................................................................................... 15 1.2(bbbb) “Non-Truck Asbestos Insurance Policy” ...................................................... 15

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iii

1.2(cccc) “Non-Truck Asbestos Insurer” ...................................................................... 15 1.2(dddd) “Non-Truck Asbestos Insurer Contribution” ................................................ 16 1.2(eeee) “Notice of Settled Asbestos Claim” ............................................................... 16 1.2(ffff) “Other Claims” ............................................................................................. 16 1.2(gggg) “Other Trusts” ............................................................................................... 16 1.2(hhhh) “Participating Non-Truck Asbestos Insurers” .............................................. 16 1.2(iiii) “Person” ............................................................................................................ 16 1.2(jjjj) “Petition Date” .................................................................................................. 16 1.2(kkkk) “Plan” ........................................................................................................... 17 1.2(llll) “Plan Documents” ............................................................................................ 17 1.2(mmmm) “Plan Proponent” ...................................................................................... 17 1.2(nnnn) “Plan Supplement” ........................................................................................ 17 1.2(oooo) “Post-Confirmation Asbestos Claim” ........................................................... 17 1.2(pppp) “Post-Confirmation Asbestos Claimant” ...................................................... 18 1.2(qqqq) “Pre-Confirmation Judgment Asbestos Claim” ............................................ 18 1.2(rrrr) “Pre-Confirmation Judgment Asbestos Claimant” ....................................... 18 1.2(ssss) “Related” ....................................................................................................... 18 1.2(tttt) “Released Claims” ............................................................................................ 18 1.2(uuuu) “Released Party” ........................................................................................... 19 1.2(vvvv) “Reorganized Debtors” ................................................................................. 20 1.2(wwww) “Representatives” ....................................................................................... 20 1.2(xxxx) “Schedules” ................................................................................................... 20 1.2(yyyy) “Second Disease Claim” ............................................................................... 21 1.2(zzzz) “Secondary Kaiser Gypsum Product Contact” ............................................. 21 1.2(aaaaa) “Settled Asbestos Claim” .............................................................................. 21 1.2(bbbbb) “Settled Asbestos Claimant” ........................................................................ 21 1.2(ccccc) “Settlement Facility” ..................................................................................... 21 1.2(ddddd) “Settlement Facility Agreement” ................................................................. 21 1.2(eeeee) “Settlement Facility Contributions” ............................................................. 21 1.2(fffff) “Settlement Facility Limit” ........................................................................... 21 1.2(ggggg) “Settlement Offer”........................................................................................ 22 1.2(hhhhh) “Settlement Offer Recipient” ....................................................................... 22 1.2(iiiii) “Settlement Release” ..................................................................................... 22 1.2(jjjjj) “Settlement Review” ...................................................................................... 23 1.2(kkkkk) “Truck” ........................................................................................................ 23 1.2(lllll) “Truck Asbestos Insurance Policy” .............................................................. 23 1.2(mmmmm) “Truck Policy Limit” .............................................................................. 23 1.2(nnnnn) “Trustee” ...................................................................................................... 24 1.2(ooooo) “Uninsured Asbestos Claim” ....................................................................... 24 1.2(ppppp) “Unresolved Asbestos Claim” ..................................................................... 24 1.2(qqqqq) “Unresolved Asbestos Claimant” ................................................................ 24

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SECTION 2

SETTLEMENT REVIEW AND LITIGATION OPTION MECHANICS

2.1 Submission of Unresolved Asbestos Claim ...................................................................... 24

2.2 Submission of Settled Asbestos Claims ............................................................................ 25

2.3 Submission of Litigation Option Claim ............................................................................ 25

2.4 Submission of Post-Confirmation Asbestos Claims ......................................................... 26

2.5 Internet Calculator ............................................................................................................ 27

SECTION 3

OVERVIEW OF SETTLEMENT REVIEW

3.1 CRP Goals ......................................................................................................................... 27

3.2 Matrix Amounts ................................................................................................................ 28

3.3 Claims Liquidation Procedures ......................................................................................... 29

3.4 Trustee’s Determination of Maximum Annual Payment .................................................. 29

3.5 Adjustment of Matrix Amounts to Ensure Equal Treatment ............................................ 30

3.6 Trust Claims Payment Cap ............................................................................................... 31

3.7 Indirect Claims .................................................................................................................. 32

3.8 CAC and FCR ................................................................................................................... 32

SECTION 4

RESOLUTION OF CLAIMS

4.1 Ordering, Processing, and Payment of Claims ................................................................. 33

4.1(a) Establishment of the FIFO Processing Queue ...................................................... 33 4.1(b) Effect of Statutes of Limitations and Repose. ...................................................... 33 4.1(c) Processing of Asbestos Claims ............................................................................. 34 4.1(d) Payment of Asbestos Claims. ............................................................................... 37 4.1(e) Deceased or Incompetent Claimant ...................................................................... 39 4.1(f) Same Day Liquidation .......................................................................................... 40 4.1(g) Hardship Claims.................................................................................................... 40

4.2 Resolution of Unliquidated Unresolved Asbestos Claims ................................................ 40

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4.3 Settlement Review Process ............................................................................................... 40

4.3(a) Unresolved Asbestos Claimant’s Choice of Basic or Comprehensive Review .............................................................................................................................. 41 4.3(b) Basic Review and Comprehensive Review Distinguished ................................... 41 4.3(c) Changing a Basic Review or Comprehensive Review Selection .......................... 41 4.3(d) Payment of Claims Accepting Settlement Offers ................................................. 42 4.3(e) Submission Requirements for Unresolved Asbestos Claims ................................ 42

4.4 Threshold Eligibility Criteria for All Unresolved Asbestos Claimants ............................ 43

4.5 Medical and Contact Requirements Under Basic Review and Comprehensive Review .. 43

4.5(a) Documentation of Disease .................................................................................... 43 4.5(b) Second Disease (Malignancy) Claims .................................................................. 45 4.5(c) Kaiser Gypsum Product Contact Requirement. .................................................... 45

4.6 Additional Documentation and Information for Comprehensive Review ........................ 48

4.6(a) Information on Other Claims ................................................................................ 48 4.6(b) Information Provided About Other Claims........................................................... 48 4.6(c) Form of Comprehensive Review Claim Form ...................................................... 49 4.6(d) Authorization for Release of Information ............................................................. 49 4.6(e) Attorney’s Certification ........................................................................................ 50

4.7 Releases............................................................................................................................. 51

4.8 Audit Program ................................................................................................................... 52

4.8(a) Inconsistent Information ....................................................................................... 52 4.8(b) Fraud ..................................................................................................................... 52

SECTION 5

REVIEW OF SETTLEMENT FACILITY SETTLEMENT OFFERS

5.1 Supplementation of Claim Form ....................................................................................... 53

5.2 Election of Litigation Option ............................................................................................ 53

SECTION 6

INDIRECT CLAIMS

6.1 Indirect Claims .................................................................................................................. 54

6.2 Presumptively Valid Indirect Asbestos Claims ................................................................ 54

6.2(a) Not Disallowed ..................................................................................................... 54 6.2(b) Payment of and Release by Indirect Claimant ...................................................... 54

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TABLE OF CONTENTS (continued)

Page

vi

6.2(c) Establishing Indirect Claim................................................................................... 54

6.3 Otherwise Valid Indirect Claims ...................................................................................... 55

6.4 Processing and Payment of Indirect Claims ..................................................................... 55

SECTION 7

CLAIM FORMS

7.1 Claim Forms...................................................................................................................... 56

7.2 Filing of Claims ................................................................................................................ 56

7.3 Modification of Claim Forms ........................................................................................... 56

7.4 Reliability of Claim Information ...................................................................................... 56

7.4(a) Copies of Medical Records ................................................................................... 57 7.4(b) Other Materials ..................................................................................................... 57 7.4(c) Disregarding Unreliable Evidence ........................................................................ 57

7.5 Requests for Information by Co-Defendants; Confidentiality of Settlement Materials ... 58

SECTION 8

MISCELLANEOUS

8.1 Medicare Reporting Obligations ....................................................................................... 58

8.2 Other Provisions Related to Reimbursement Under the MSPS ........................................ 60

8.3 No Attorney Necessary ..................................................................................................... 60

8.4 Amendments ..................................................................................................................... 61

8.5 Severability ....................................................................................................................... 61

8.6 Governing Law ................................................................................................................. 61

8.7 Relation to Other Plan Documents ................................................................................... 61

Appendix I—Basic Review Appendix II—Comprehensive Review Appendix III—Industry/Occupation Classification Into Contact Groups Appendix IV—Authorization For Settlement Facility to Obtain Trust Records

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SETTLEMENT FACILITY CLAIMS RESOLUTION PROCEDURES FOR KAISER GYPSUM AND HPCI

These Claims Resolution Procedures (“CRP”) outline the criteria that, as provided in the

Plan, Unresolved Asbestos Claimants must meet to receive a Settlement Offer from the Settlement

Facility without the expense or delay of litigation. Unresolved Asbestos Claimants who file for

Comprehensive Review or Basic Review, as provided below, and either do not receive a

Settlement Offer from the Settlement Facility by the applicable Processing Deadline (as defined

in Section 4.2) or reject the Settlement Offer received by the Settlement Facility may, as provided

in the Plan, resolve their Unresolved Asbestos Claim through the Litigation Option in accordance

with the Case Management Order (the “CMO”). The Trustee will administer these CRP consistent

with the terms of the Plan and Settlement Facility Agreement.

Section 1

Introduction

1.1 Interpretation. Nothing in these CRP shall be deemed to create a substantive right

for any Unresolved Asbestos Claimant, beyond the right of an Unresolved Asbestos Claimant to

enforce the terms of the CRP as they relate to such Claimant.

1.2 Definitions. The following defined terms apply to these CRP. All capitalized

terms used herein but not otherwise defined shall have the respective meanings given to such terms

in the Plan, and such definitions are incorporated herein by reference.

1.2(a) “Affiliate” means an affiliate as defined in section 101(2) of the

Bankruptcy Code.

1.2(b) “Allowed” means (a) with reference to any Claim, (i) any Claim against

any Debtor that has been listed by such Debtor in the Schedules, as such Schedules may

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be amended from time to time in accordance with Bankruptcy Rule 1009, as liquidated

in amount and not disputed or contingent or unknown and for which no contrary proof

of Claim has been Filed; (ii) any Claim listed on the Schedules or timely Filed proof of

Claim, as to which no objection to allowance has been interposed in accordance with the

Plan by the Claims Objection Deadline or such other applicable period of limitation fixed

by the Bankruptcy Code, the Bankruptcy Rules, or the Bankruptcy Court, or as to which

any objection has been determined by a Final Order to the extent such objection is

determined in favor of the respective Holder of such Claim; (iii) any Claim expressly

allowed by a Final Order or under the Plan; and (b) with respect to any Asbestos Claim,

(i) any Asbestos Claim that is a Settled Asbestos Claim or a Pre-Confirmation Judgment

Asbestos Claim, (ii) any Unresolved Asbestos Claim that is submitted for Basic Review

or Comprehensive Review and receives a Settlement Offer (as defined in the CRP) from

the Settlement Facility as a result of the review process, which Settlement Offer is

accepted by the Settlement Offer Recipient (as defined in the CRP); or (c) any Claim that

is allowed by the Plan or by Final Order of settlement or a Litigation Option Claim

pursuant to the CMO.

1.2(c) “Asbestos Claim” has the meaning assigned to such term in the Plan.

1.2(d) “Asbestos Claimant” means the Holder of an Asbestos Claim.

1.2(e) “Asbestos Contribution Rights” means any and all rights, titles,

privileges, interests, claims, demands or entitlements to any proceeds, contributions,

payments, defense costs, indemnification, escrowed funds, initial or supplemental

dividends, scheme payments, supplemental scheme payments, Causes of Action, and

choses in action of any Debtor or other Person with respect to any Asbestos Claim,

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including any rights against Non-Released Parties, rights under a Non-Truck Asbestos

Insurance Policy, any rights under any Asbestos Insurance Agreement, and any rights in

any Asbestos Insurance Action.

1.2(f) “Asbestos Insurance Action” means any claim, Cause of Action, or

right of any Debtor, under the laws of any jurisdiction, against any Asbestos Insurance

Entity, arising from or based on: (i) any such Asbestos Insurance Entity’s failure to

provide coverage for, or failure to pay or agree to pay, any claim under any Asbestos

Insurance Policy or any related settlement or agreement; (ii) the refusal of any such

Asbestos Insurance Entity to compromise or settle any claim under or pursuant to any

Asbestos Insurance Policy or any related settlement or agreement; (iii) the interpretation

or enforcement of the terms of any Asbestos Insurance Policy or any related settlement

or agreement; or (iv) any conduct of any Asbestos Insurance Entity constituting “bad

faith,” violations of state insurance codes, unfair claims practices, or other wrongful

conduct under applicable law with respect to any Asbestos Insurance Policy or any

related settlement or agreement.

1.2(g) “Asbestos Insurance Agreement” means any settlement agreement or

coverage-in-place agreement between an Asbestos Insurance Entity and any of the

Debtors or their Affiliates relating to an Asbestos Insurance Policy.

1.2(h) “Asbestos Insurance Entity” means any Insurance Entity that has

issued, or that has or had actual or potential liability, duties or obligations under or with

respect to, any Asbestos Insurance Policy or any agreements or settlements relating to

any Asbestos Insurance Policy.

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1.2(i) “Asbestos Insurance Policy” means any Insurance Policy under which

any Debtor or Affiliate of the Debtors has or had indemnity, defense, or other insurance

coverage, whether known or unknown, that actually or potentially provides insurance

coverage for any Asbestos Claim, including but not limited to the policies listed in the

Plan Supplement.

1.2(j) “Assets” means any and all right, title, and interest in and to property of

whatever type or nature.

1.2(k) “Avoidance Action”means any and all of the Debtors’ Causes of Action

for avoidance or equitable subordination or recovery under chapter 5 of the Bankruptcy

Code or similar state law and all proceeds thereof.

1.2(l) “Bankruptcy Administrator” means the office of the United States

Bankruptcy Administrator for the Western District of North Carolina.

1.2(m) “Bankruptcy Code” means title 11 of the United States Code, sections

101–1532, as now in effect or as hereafter amended.

1.2(n) “Bankruptcy Court” means the United States Bankruptcy Court for the

Western District of North Carolina, or, if such court ceases to exercise jurisdiction, the

court or adjunct thereof that exercises jurisdiction over the Chapter 11 Cases.

1.2(o) “Bankruptcy Rules” means the Federal Rules of Bankruptcy Procedure,

as amended and promulgated under section 2075 of Title 28 of the United States Code,

together with (a) the Rules of Practice and Procedures of the United States Bankruptcy

Court for the Western District of North Carolina as now in effect or as the same may

from time to time hereafter be amended and (b) the Amended Standing Order of

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Reference from the United States District Court for the Western District of North

Carolina dated as of April 14, 2014.

1.2(p) “Bar Date” means the date by which a proof of Claim is required to be

Filed with respect to a Claim pursuant to the Order Establishing Bar Dates for Filing

Proofs of Claim Other Than Asbestos Personal Injury Claims and Approving Related

Relief [Docket No. 553].

1.2(q) “Basic Review” means the process for determining Settlement Offers

under the procedures set forth in Appendix I to these CRP.

1.2(r) “Basic Review CRP Amount” means, as to any Asbestos Claim, (a) the

Matrix Amount offered by the Settlement Facility with respect to such Asbestos Claim

under Basic Review or (b) the Matrix Amount that would have been offered by the

Settlement Facility with respect to such Asbestos Claim if it had been submitted for Basic

Review.

1.2(s) “Business Day” means any day that is not a Saturday, Sunday, or “legal

holiday” within the meaning of Bankruptcy Rule 9006(a).

1.2(t) “Bystander Kaiser Gypsum Product Contact” means the Injured

Party’s performance of job duties within ten (10) feet of a Person engaged in one of the

following activities: (a) mixing, stirring, blending, or handling of Kaiser Gypsum joint

compound; (b) smoothing, finishing, grinding, polishing, scraping, or brushing surfaces

of dried mixtures containing Kaiser Gypsum joint compound; (c) cutting, breaking,

demolishing, displacing, or removal of structures known to contain Kaiser Gypsum joint

compound.

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1.2(u) “Case Management Order” or “CMO” means the order to be entered

by the District Court pursuant to which Litigation Option Claims shall be Allowed or

Disallowed, which order shall be in substantially the form attached as Annex 3 to the

Notice of Filing Second Revised Plan Supplement Documents [Docket No. ____].

1.2(v) “Cash” has the meaning assigned to such term in the Plan.

1.2(w) “Causes of Action” means any action, class action, claim, cause of

action, controversy, demand, right, action, Lien, indemnity, guaranty, suit, obligation,

liability, damage, judgment, account, defense, offset, power, privilege, license, and

franchise of any kind or character whatsoever, whether known or unknown, contingent

or non-contingent, matured or unmatured, suspected or unsuspected, liquidated or

unliquidated, disputed or undisputed, secured or unsecured, assertable directly or

derivatively, whether arising before, on, or after the Petition Date, in contract or in tort,

in law or in equity, or pursuant to any other theory of law. Causes of Action also include:

(a) any right of setoff, counterclaim, or recoupment and any claim for breaches of duties

imposed by law or in equity; (b) the right to object to Claims or Equity Interests; (c) any

claim or cause of action pursuant to section 362 of the Bankruptcy Code or chapter 5 of

the Bankruptcy Code or similar state law; (d) any claim or defense, including fraud,

mistake, duress, and usury and any other defenses set forth in section 558 of the

Bankruptcy Code; and (e) all Asbestos Contribution Rights.

1.2(x) “Chapter 11 Cases” means (a) when used with reference to a particular

Debtor, the case pending for that Debtor under chapter 11 of the Bankruptcy Code and

(b) when used with reference to all Debtors, the procedurally consolidated chapter 11

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cases pending for the Debtors in the Bankruptcy Court under case number 16-31602

(JCW).

1.2(y) “Claim” means a claim, as defined in section 101(5) of the Bankruptcy

Code, against a Debtor or its Estate whether or not asserted or Allowed.

1.2(z) “Claimant” means a Holder of a Claim.

1.2(aa) “Claimant Advisory Committee” or “CAC” means a three-member

committee established pursuant to the Settlement Facility Agreement to consult with and

provide advice and information to the Trustee concerning Current Asbestos Claims.

1.2(bb) “Claim Form” means the submission of information and documents, in

the form to be developed by the Trustee, by which an Unresolved Asbestos Claimant

initiates processing of his or her Asbestos Claim or a Post-Confirmation Asbestos

Claimant initiates processing of his or her Post-Confirmation Asbestos Claim.

1.2(cc) “Claims Payment Cap” means the payment ratio that the Trustee may

establish pursuant to Section 3.6 to reduce claim payments based on different disease

categories.

1.2(dd) “Comprehensive Review” means the process for determining

Settlement Offers under the procedures set forth in Appendix II to these CRP.

1.2(ee) “Comprehensive Review CRP Amount” means, as to any Asbestos

Claim, (a) the Matrix Amount offered by the Settlement Facility with respect to such

Asbestos Claim under Comprehensive Review or (b) the Matrix Amount that would have

been offered by the Settlement Facility with respect to such Asbestos Claim if it had been

submitted for Comprehensive Review.

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1.2(ff) “Confirmation Date” means the date on which the clerk of the

Bankruptcy Court enters the Confirmation Order on the docket.

1.2(gg) “Confirmation Order” means the order of the Bankruptcy Court

confirming the Plan in accordance with section 1129 of the Bankruptcy Code, as such

order may be amended, modified, or supplemented.

1.2(hh) “Contribution Injunction” means the order(s) entered by the Court

(including, as appropriate, any provision of the Confirmation Order) permanently and

forever staying, restraining, and enjoining any Person from taking any action against any

Released Party for the purpose of, directly or indirectly, collecting, recovering, or

receiving payment of, on, or with respect to any Released Claim, the form of which

Contribution Injunction shall be acceptable to the Debtors, the Reorganized Debtors and

Truck.

1.2(ii) “Court” means either the Bankruptcy Court or the District Court, as

appropriate.

1.2(jj) “Creditor” means any Person that has a Claim against one or more of

the Debtors.

1.2(kk) “Current Asbestos Claim” means an Asbestos Claim that is not a

Settled Asbestos Claim or a Pre-Confirmation Judgment Asbestos Claim, and for which

an alleged asbestos-related injury has manifested, become evident, or been diagnosed as

of the date the Confirmation Order is entered by the Court, including without limitation,

claims that are pending in courts other than the Bankruptcy Court as of the Effective Date

and that are not the subject of a settlement or Final Order.

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1.2(ll) “Debtors” means, together, Kaiser and HPCI.

1.2(mm) “Deductible” has the meaning assigned to such term in the Plan.

1.2(nn) “Direct Claim” means an Unresolved Asbestos Claim asserted by a

Person seeking a remedy for personal injury or wrongful death.

1.2(oo) “Direct Claimant” means the Holder of a Direct Claim.

1.2(pp) “Direct Kaiser Gypsum Product Contact” means performance by the

Injured Party himself of one of the following workplace or residential do-it-yourself

(DIY) activities that have the potential to release asbestos fibers: (a) mixing, stirring,

blending, or handling of Kaiser Gypsum joint compound; (b) smoothing, finishing,

grinding, polishing, scraping, or brushing surfaces of dried mixtures containing Kaiser

Gypsum joint compound; (c) cutting, breaking, demolishing, displacing, or removal of

structures known to contain Kaiser Gypsum joint compound.

1.2(qq) “Disallowed” means, with respect to a Claim, any Claim or portion

thereof that (a) has been disallowed by a Final Order, (b) is identified in the Schedules in

the amount of zero dollars or as contingent, unliquidated, or Disputed and as to which a

proof of Claim was not Filed on or before the applicable Bar Date, (c) is not identified in

the Schedules and as to which no proof of Claim has been Filed or deemed Filed on or

before the applicable Bar Date, as applicable, (d) was not Filed in a timely manner as

provided by the Plan, the Confirmation Order, or other relevant order of the Bankruptcy

Court, or (e) is disallowed by agreement with the Creditor in accordance with the Plan,

the CRP or the CMO.

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1.2(rr) “Discharge Injunction” means the injunction described in Section 7.1.1

of the Plan under section 524(a) of the Bankruptcy Code.

1.2(ss) “Disclosure Statement” has the meaning assigned to such term in the

Plan.

1.2(tt) “Disputed” means any Claim or any portion thereof that is not an

Allowed Claim or a Disallowed Claim. For the purposes of the Plan, all Unresolved

Asbestos Claims and Pre-Confirmation Judgment Asbestos Claims shall be considered

Disputed Claims until they are Allowed or Disallowed, and the Debtors’ right to object

to allowance of such Claims (including after the Confirmation Date) is expressly

preserved by this Plan. Furthermore, any other Claim shall be considered a Disputed

Claim (a) before the time that an objection has been or may be filed if: (i) the amount or

classification of the Claim specified in the relevant proof of Claim or request for payment

of the Claim exceeds the amount or is different from the classification of any

corresponding Claim scheduled by the relevant Debtor in its Schedules; (ii) any

corresponding Claim scheduled by the relevant Debtor has been scheduled as disputed,

contingent or unliquidated; or (iii) no corresponding Claim has been scheduled by the

relevant Debtor in its Schedules; (b) if such Claim is the subject of an objection not yet

resolved by a Final Order; or (c) if an Avoidance Action asserted against the Holder of

such Claim has not been resolved by a Final Order.

1.2(uu) “District Court” means the United States District Court for the Western

District of North Carolina.

1.2(vv) “Effective Date” means the first Business Day after the date on which

all of the conditions precedent to the effectiveness of the Plan specified in Section 6.11.2

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of the Plan shall have been satisfied or waived or, if a stay of the Confirmation Order is

in effect on such date, the first Business Day after the expiration, dissolution, or lifting

of such stay.

1.2(ww) “Entity” has the meaning set forth in section 101(15) of the Bankruptcy

Code.

1.2(xx) “Environmental Claim” has the meaning assigned to such term in the

Plan.

1.2(yy) “Environmental Insurance Policy” means any Insurance Policy under

which any Debtor or Affiliate of the Debtors has or had indemnity, defense, or other

insurance coverage, whether known or unknown, that actually or potentially provides

insurance coverage for any Environmental Claim, including but not limited to the policies

listed in the Plan Supplement.

1.2(zz) “Equity Interest” means any ownership interest or share in any of the

Debtor Entities (including all options, warrants, or other rights to obtain such an interest

or share in the Debtor Entities) whether or not transferable, preferred, common, voting,

or denominated as “stock” or a similar security.

1.2(aaa) “Estate(s)” means, individually, the estate created for each of the

Debtors and, collectively, the estates created for all the Debtors pursuant to section 541

of the Bankruptcy Code upon the commencement of the Chapter 11 Cases.

1.2(bbb) “Excess CIP Agreement” means that certain Excess Coverage in Place

Settlement Agreement between the Debtors and certain Non-Truck Asbestos Insurers,

dated as of December 13, 2013.

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1.2(ccc) “File”, “Filed” or “Filing” means file, filed or filing with the

Bankruptcy Court or its authorized designee in the Chapter 11 Cases.

1.2(ddd) “Final Order” means a judgment, order, ruling, or other decree issued

and entered by the Bankruptcy Court, or by any state, provincial, or other federal court

or other tribunal having jurisdiction over the subject matter thereof, which judgment,

order, ruling, or other decree has not been reversed, stayed, modified, or amended and as

to which: (a) the time to appeal or petition for review, rehearing, or certiorari or move

for reargument has expired or shall have been waived in writing in form and substance

satisfactory to the Plan Proponent or Settlement Facility, as applicable, and as to which

no appeal or petition for review, rehearing, or certiorari or motion for reargument is

pending; or (b) any appeal or petition for review, rehearing, certiorari, or reargument has

been finally decided and no further appeal or petition for review, rehearing, certiorari, or

reargument can be taken or granted; provided, however, that the possibility that a motion

under Rule 59 or Rule 60 of the Federal Rules of Civil Procedure, or any analogous rule

under the Bankruptcy Rules or applicable state court rules of civil procedure, may be

Filed with respect to such order shall not cause such order not to be a Final Order.

1.2(eee) “Future Asbestos Claim” means an Asbestos Claim for which an

alleged asbestos-related injury has not manifested, become evident, or been diagnosed as

of the date the Confirmation Order is entered by the Court; for the avoidance of doubt,

Future Asbestos Claims do not include Post-Confirmation Asbestos Claims.

1.2(fff) “Future Claimants’ Representative” or “FCR” means Lawrence

Fitzpatrick (or any court-appointed successor), appointed as the legal Representative to

represent the interests of, appear on behalf of, and be a fiduciary to the Holders of Future

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Asbestos Claims, as set forth in the Order Appointing Lawrence Fitzpatrick as Legal

Representative for Future Claimants [Docket No. 99], or another Person that may be

identified in the Plan Supplement and appointed by the Court as the legal Representative

on the Effective Date.

1.2(ggg) “GUC Trust Seed Funding Amount” has the meaning assigned to such

term in the Plan.

1.2(hhh) “Hardship Claim” means an Asbestos Claim where such Asbestos

Claimant, in the Trustee’s sole discretion, satisfies the description in Section 4.1(g).

1.2(iii) “Holder” has the meaning assigned to such term in the Plan.

1.2(jjj) “HPCI” means Hanson Permanente Cement, Inc.

1.2(kkk) “Indirect Claim” means an Unresolved Asbestos Claim that is asserted

as a third-party indemnification or contribution claim by a Person that has paid in full the

Holder of a Direct Claim to which the Settlement Facility would otherwise have had an

obligation.

1.2(lll) “Indirect Claimant” means the Holder of an Indirect Claim.

1.2(mmm) “Injured Party” or “IP” means the individual whose alleged injury is

the subject of the Claim.

1.2(nnn) “Insurance Entity” means any Entity, including any insurance

company, broker, or guaranty association, that has issued, or that has or had actual or

potential liability, duties or obligations under or with respect to any Insurance Policy or

any agreements or settlements relating to any Insurance Policy.

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1.2(ooo) “Insurance Policy” means any insurance policy under which any

Debtor or Affiliate of the Debtors has or had indemnity, defense, or other insurance

coverage, whether known or unknown, that actually or potentially provides insurance

coverage for any Claim, including but not limited Asbestos Insurance Policies,

Environmental Insurance Policies, and any other policies listed in the Plan Supplement.

1.2(ppp) “Kaiser” or “Kaiser Gypsum” means Kaiser Gypsum Company, Inc.

1.2(qqq) “Kaiser Gypsum Product(s)” means asbestos-containing products

supplied or manufactured by Kaiser Gypsum or HPCI and that form the basis for the

Asbestos Claim.

1.2(rrr) “Kaiser Gypsum Product Contact” means the alleged manner in which

an Injured Party made contact with asbestos fibers from Kaiser Gypsum Products.

1.2(sss) “Lehigh Hanson” means Lehigh Hanson, Inc.

1.2(ttt) “Lehigh Hanson Contribution” means a $49 million Cash payment by

Lehigh Hanson to the Settlement Facility on the Effective Date.

1.2(uuu) “Liens” means a lien as defined in section 101(37) of the Bankruptcy

Code.

1.2(vvv) “Litigation Expenses” means costs incurred in defending against a

particular Litigation Option Claim. Litigation Expenses shall include fees for defense

attorneys, other advisors, testifying and consulting experts, court costs, and any other

costs attributable to particular Litigation Option Claims. For the avoidance of doubt,

Litigation Expenses do not include any fees or costs incurred by a Claimant in pursuing

a Claim or the GUC Trust Seed Funding Amount.

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1.2(www) “Litigation Option” means the option of each Holder of an Unresolved

Asbestos Claim or Pre-Confirmation Judgment Asbestos Claim (the latter under certain

circumstances described herein and in the Plan) to elect to have his or her Claim Allowed

through litigation against the Reorganized Debtors after the Confirmation Date pursuant

to the CMO.

1.2(xxx) “Litigation Option Claim” means an Unresolved Asbestos Claim or

Pre-Confirmation Judgment Asbestos Claim whose Holder elects the Litigation Option.

1.2(yyy) “Litigation Option Claimant” means the Holder of a Litigation Option

Claim.

1.2(zzz) “Matrix Amount” means, as to any Asbestos Claim, the value assigned

to such Claim by the Settlement Facility after completion of the process and calculations

set forth in Appendix I (Basic Review) or Appendix II (Comprehensive Review) to the

CRP, as applicable.

1.2(aaaa) “Non-Released Party” means any Person that is not a Released Party,

including, without limitation, any Non-Truck Asbestos Insurer that is not a Participating

Non-Truck Asbestos Insurer and Lehigh Hanson if it does not make the Lehigh Hanson

Contribution.

1.2(bbbb) “Non-Truck Asbestos Insurance Policy” means any Asbestos

Insurance Policy other than the Truck Asbestos Insurance Policies.

1.2(cccc) “Non-Truck Asbestos Insurer” means any Asbestos Insurance Entity

other than Truck.

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1.2(dddd) “Non-Truck Asbestos Insurer Contribution” means the amount, if any,

agreed with the Non-Truck Asbestos Insurers, which amount shall be set forth in the Plan

Supplement.

1.2(eeee) “Notice of Settled Asbestos Claim” means the notice to be submitted by

a Settled Asbestos Claim in order for the Settlement Facility to determine whether such

Settled Asbestos Claim should be Allowed and paid.

1.2(ffff) “Other Claims” means claims for compensation against Entities other

than Kaiser Gypsum or HPCI that relate directly or indirectly to the alleged injuries that

are the subject of an Unresolved Asbestos Claim.

1.2(gggg) “Other Trusts” means the trusts and claims resolution facilities set

forth in Appendix IV and any others designated by the Trustee.

1.2(hhhh) “Participating Non-Truck Asbestos Insurers” means the Non-Truck

Asbestos Insurers, set forth in the Plan Supplement, which make the Non-Truck Asbestos

Insurer Contribution.

1.2(iiii) “Person” means person, including without limitation, any individual,

Entity, corporation, partnership, limited liability company, limited liability partnership,

joint venture, association, joint stock company, estate, trust, unincorporated association

or organization, official committee, ad hoc committee or group, governmental agency or

political subdivision thereof, the Bankruptcy Administrator, and any successors or

assigns of any of the foregoing.

1.2(jjjj) “Petition Date” means September 30, 2016.

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1.2(kkkk) “Plan” means the Second Amended Chapter 11 Plan of Reorganization

for Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., Proposed by

Truck Insurance Exchange (including all exhibits annexed hereto and the Plan

Supplement), as it may be altered, amended, or modified from time to time in accordance

with the provisions thereof and of the Bankruptcy Code and the Bankruptcy Rules

proposed by Truck and confirmed by the Bankruptcy Court on _____________, 2018.

1.2(llll) “Plan Documents” means the Plan, the Disclosure Statement and Plan

Supplement, together with all exhibits, and either in their present form or as each may be

amended, supplemented or otherwise modified from time to time.

1.2(mmmm) “Plan Proponent” means Truck, in its capacity as a proponent of

the Plan.

1.2(nnnn) “Plan Supplement” means the collection of Plan-related documents

Filed with the Court, which may consist of one or multiple Filings.

1.2(oooo) “Post-Confirmation Asbestos Claim” means a claim against a Debtor,

Reorganized Debtor or any Released Party, that would have been an Asbestos Claim

except for the fact that such claim relates to or arises from first exposure to or first contact

with, at any time after the Confirmation Date, asbestos or any products or materials

containing asbestos that were mined, processed, consumed, used, stored, manufactured,

fabricated, constructed, designed, engineered, sold, assembled, supplied, produced,

specified, selected, distributed, released, maintained, repaired, purchased, owned,

occupied, serviced, removed, replaced, disposed of, installed by, or in any way marketed

by, or on behalf of any Debtor or any other Person (including any past or present Affiliate,

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predecessor, successor, or assign of any Debtor) for whose products or operations any

Debtor allegedly has liability or is otherwise liable.

1.2(pppp) “Post-Confirmation Asbestos Claimant” means the Holder of a Post-

Confirmation Asbestos Claim.

1.2(qqqq) “Pre-Confirmation Judgment Asbestos Claim” means an Asbestos

Claim against a Debtor evidenced by a written judgment entered before the Petition Date

that was not yet subject to a Final Order as of the Confirmation Date.

1.2(rrrr) “Pre-Confirmation Judgment Asbestos Claimant” means the Holder

of a Pre-Confirmation Judgment Asbestos Claim.

1.2(ssss) “Related” means, with respect to an Asbestos Claim, all Asbestos

Claims based on a particular Injured Party’s injury (such as Claims by the Injured Party,

his or her estate, and family members with loss of consortium, wrongful death, or similar

related Claims).

1.2(tttt) “Released Claims” mean (a) any and all claims that are or would have

been property of any Debtor’s Estate against any Released Party, including, without

limitation, pursuant to Chapter 5 of the Bankruptcy Code, any one or more of 11 U.S.C.

§§ 502, 510, 541, 542, 543, 544, 545, 547, 548, 549, 550, 551, or 553; (b) any and all

claims that are or would have been property of any Debtor’s Estate against any Released

Party arising under any non-bankruptcy law relating to allegedly preferential or

fraudulent transfers or relating to any allegedly unlawful payments or transfers or

distributions of property to such Released Party; (c) any and all claims that are or would

have been property of any Debtor’s Estate, regardless of the legal theory upon which

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such claim may be predicated, by which any Released Party is asserted to be or have been

derivatively liable for any Claim, including, without limitation, any Asbestos Claim

including, without limitation, any claim arising under a theory that (i) any Released Party

is a successor to any Debtor, (ii) any Debtor’s separate corporate existence should be

disregarded, or (iii) any Released Party is an alter ego of any Debtor, and (d) any and all

claims in (a)-(c) above where, in the absence of the Debtors’ Chapter 11 Cases, such

claims might, under substantive law of any jurisdiction, have been treated as claims

maintainable not only by the Debtors or the Debtors’ Estates themselves, but by Creditors

of or Claimants against the Debtors. For the avoidance of doubt, Released Claims shall

not include any claim against any Released Party that is based on (a) such Released

Party’s liability under an Environmental Insurance Policy, (b) such Released Party’s

independent liability to any Person for a Claim that would not be an Asbestos Claim in

these Chapter 11 Cases if it were to be asserted directly against one or more Debtors or

(c) claims and obligations to the extent preserved under the Plan, the CRP or the CMO.

1.2(uuuu) “Released Party” means any of the following:

(i) the Reorganized Debtors;

(ii) if Lehigh Hanson supports the Plan and makes the Lehigh Hanson

Contribution, Lehigh Hanson and its current and former Affiliates (other than the

Reorganized Debtors and their subsidiaries);

(iii) the Settlement Facility;

(iv) the FCR;

(v) Truck;

(vi) the Participating Non-Truck Asbestos Insurers;

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(vii) any Person that, pursuant to the Plan or otherwise on or after the

Effective Date, becomes a direct or indirect transferee of, or successor to, any of the

Debtors, the Reorganized Debtors, the Affiliates of the Debtors (if Lehigh Hanson

supports the Plan and makes the Lehigh Hanson Contribution) or Reorganized Debtors,

or any of their respective Assets, to the extent that any liability on account of Asbestos

Claims is asserted to exist as a result of its becoming such a transferee or successor; and

(viii) the Representatives of each of the foregoing, respectively, but only

to the extent that any liability is asserted to exist as a result of the Representative being,

or acting in the capacity as, a Representative of one or more of the aforementioned

Persons.

1.2(vvvv) “Reorganized Debtors” means Kaiser and HPCI from and after the

Effective Date.

1.2(wwww) “Representatives” means, (a) with respect to any Entity, the past,

present, or future managers, directors, members, trustees, officers, employees,

accountants (including independent registered public accountants), advisors, attorneys,

consultants, or other agents, representatives, or professionals of that Entity, but only in

their capacities as such, and (b) the firms or other Entities, other than the Debtors and

their non-Debtor Affiliates, with whom the Representatives identified in part (a) are

employed or associated, but only in such firms’ or Entities’ respective capacities as such.

1.2(xxxx) “Schedules” means the Schedules of Assets and Liabilities and

Statement of Financial Affairs Filed by the Debtors with the clerk of the Bankruptcy

Court pursuant to Bankruptcy Rule 1007, as they have been or may be amended or

supplemented from time to time in accordance with Bankruptcy Rule 1009.

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1.2(yyyy) “Second Disease Claim” means an Asbestos Claim described in

Section 4.5(b).

1.2(zzzz) “Secondary Kaiser Gypsum Product Contact” means alleged contact

with asbestos fibers from Kaiser Gypsum Products through contact with someone who

had Direct Kaiser Gypsum Product Contact or Bystander Kaiser Gypsum Product

Contact.

1.2(aaaaa) “Settled Asbestos Claim” means an Asbestos Claim that, as of the

Petition Date, was subject to a settlement agreement enforceable under applicable law

between a Debtor and the Holder of such Asbestos Claim, or for which a judgment has

become a Final Order.

1.2(bbbbb) “Settled Asbestos Claimant” means the Holder of a Settled Asbestos

Claim.

1.2(ccccc) “Settlement Facility” means the trust to be established in accordance

with the Plan and the Settlement Facility Agreement that will, among other things,

process, review, and pay Allowed Asbestos Claims.

1.2(ddddd) “Settlement Facility Agreement” means the agreement, a copy of which

will be included with the Plan Supplement, pursuant to which the Settlement Facility

shall be established and governed, and process and pay Allowed Asbestos Claims and

certain Litigation Expenses related to Litigation Option Claims.

1.2(eeeee) “Settlement Facility Contributions” has the meaning assigned to such

term in the Plan.

1.2(fffff) “Settlement Facility Limit” means:

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(i) For any Litigation Option Claim settled by the Settlement Facility

before judgment (if the Settlement Facility has not tendered defense against such

Asbestos Claim to the Non-Truck Asbestos Insurers, or such defense has been tendered

but the Non-Truck Asbestos Insurers have not accepted such defense), the greater of (x)

Basic Review CRP Amount or (y) Comprehensive Review CRP Amount.

(ii) For any Litigation Option Claim settled by the Non-Truck Asbestos

Insurers after the Settlement Facility has tendered defense against such Asbestos Claim to

the Non-Truck Asbestos Insurers and such defense has been accepted, the lesser of (x)

the amount of any settlement with the Litigation Option Claimant and (y) the Truck

Policy Limit.

(iii) For any Litigation Option Claim settled by the Settlement Facility

after judgment, the amount of the judgment, including any interest and costs awarded.

1.2(ggggg) “Settlement Offer” means the settlement offer, if any, made by the

Settlement Facility with respect to an Unresolved Asbestos Claim after Settlement

Review.

1.2(hhhhh) “Settlement Offer Recipient” means the Holder of an Unresolved

Asbestos Claim that has received a Settlement Offer.

1.2(iiiii) “Settlement Release” means the release that must be executed by a

Settlement Offer Recipient prior to receiving a payment from the Settlement Facility.

The Settlement Release shall be a full release of the Claimant’s Asbestos Claim, as well

as a full release from any family members or similar parties for Claims derivative of the

Asbestos Claim. Such release shall comply with applicable state or other law and shall

acknowledge that the settlement payment extinguishes the Asbestos Claim and all

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derivative claims against the Reorganized Debtors and any Released Party, and shall

relinquish such Claimant’s and all Related Claimants’ right to pursue a remedy from the

Reorganized Debtors and any Released Party on account of such Asbestos Claim and any

derivative claims. The Settlement Release shall be in a form that protects the

Reorganized Debtors and any Released Party from any contribution or other third-party

claims by other asbestos defendants under applicable law. Unresolved Asbestos

Claimants whose Claims are based on non-malignant conditions shall not, however, be

required to release Asbestos Claims based on future asbestos-related cancer. The

protection afforded by the Settlement Release is supplemental to, and does not derogate

from or imply any deficiency in, the protection provided by the Discharge Injunction and

the Contribution Injunction.

1.2(jjjjj) “Settlement Review” means the evaluation by the Settlement Facility,

under Basic Review or Comprehensive Review, of each Unresolved Asbestos Claim or

Post-Confirmation Asbestos Claim submitted to the Settlement Facility under the

processes and procedures established by the CRP to determine whether a Settlement

Offer should be extended on account of such Claim and, if so, the amount of such

Settlement Offer.

1.2(kkkkk) “Truck” means Truck Insurance Exchange.

1.2(lllll) “Truck Asbestos Insurance Policy” means any Asbestos Insurance

Policy issued by Truck to any of the Debtors.

1.2(mmmmm) “Truck Policy Limit” means, as to any Asbestos Claim covered by

a Truck Asbestos Insurance Policy, the lowest per claim occurrence limit applicable to

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such Asbestos Claim, in conformance with the Excess CIP Agreement and all applicable

Final Orders addressing coverage under the Asbestos Insurance Policies.

1.2(nnnnn) “Trustee” means the trustee or trustees of the Settlement Facility; the

initial Trustee shall be designated in the Plan Supplement and approved by the

Confirmation Order, and successors shall be designated and appointed as provided in the

Settlement Facility Agreement..

1.2(ooooo) “Uninsured Asbestos Claim” has the meaning assigned to such term in

the Plan.

1.2(ppppp) “Unresolved Asbestos Claim” means an Asbestos Claim that is not a

Settled Asbestos Claim or a Pre-Confirmation Judgment Asbestos Claim, including

without limitation, Claims that are subject to litigation pending in courts other than the

Bankruptcy Court as of the Effective Date and that are not the subject of a settlement or

Final Order.

1.2(qqqqq) “Unresolved Asbestos Claimant” means the Holder of an Unresolved

Asbestos Claim.

Section 2

Settlement Review and Litigation Option Mechanics

2.1 Submission of Unresolved Asbestos Claims and Pre-Confirmation Judgment

Asbestos Claims. As described in the Plan, Unresolved Asbestos Claimants shall first submit an

Asbestos Claim to the Settlement Facility for Basic Review or Comprehensive Review. Such

Unresolved Asbestos Claimants will initiate the Settlement Review process by filing a Claim Form

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with the Settlement Facility. The Claim Form will allow each such Asbestos Claimant to select

Basic Review or Comprehensive Review for their Asbestos Claim.

All Pre-Confirmation Judgment Asbestos Claimants shall in the first instance have the

option to elect Settlement Review by filing a Claim Form or instead litigate to conclusion the

pending appeals of their judgments. If a Pre-Confirmation Judgment Asbestos Claimant chooses

to litigate the pending appeal of a judgment to conclusion and the judgment is reversed by the

appellate court and judgment entered in favor of the Reorganized Debtors, the Claim will be

Disallowed. If a judgment is reversed and such Claim is not dismissed or Disallowed as a result

of such reversal (for example, if the Claim is remanded for new trial), then the Pre-Confirmation

Judgment Asbestos Claimant may file a Claim Form and pursue Settlement Review pursuant to

the terms of these CRP.

2.2 Submission of Settled Asbestos Claims. Settled Asbestos Claimants shall submit

their Settled Asbestos Claims to the Settlement Facility for payment. Such Settled Asbestos

Claims shall be submitted to the Settlement Facility no later than one (1) year following the

Effective Date by the filing with the Settlement Facility of a Notice of Settled Asbestos Claim,

which notice shall include an executed copy of the settlement. The Settled Asbestos Claimant may

be requested to provide such other information related to the settlement as the Settlement Facility

reasonably requests.

2.3 Submission of Litigation Option Claims. An Asbestos Claimant may not pursue

the Litigation Option until such Asbestos Claimant (i) initiates the Settlement Review pursuant to

Section 2.1 by filing a Claim Form that selects Comprehensive Review or Basic Review,

(ii) submits the required information pursuant to Section 4.3(e) and (iii) either does not receive a

Settlement Offer from the Settlement Facility by the applicable Processing Deadline or receives

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and rejects a Settlement Offer to settle his or her Asbestos Claim from the Settlement Facility.1

To be eligible for the Litigation Option, all Asbestos Claims that are Related to the Asbestos Claim

must first submit such Claims to the Settlement Facility in accordance with the CRP. Conversely,

if any Asbestos Claimant elects to settle an Asbestos Claim pursuant to Settlement Review, all

Related Claims shall be ineligible for the Litigation Option. If and when appropriate, as provided

in the Plan and these CRP, eligible Unresolved Asbestos Claimants will initiate the Litigation

Option process by filing a proof of Claim on the docket of the Bankruptcy Court, pursuant to the

CMO adopted in connection with confirmation of the Plan.

2.4 Submission of Post-Confirmation Asbestos Claims. Post-Confirmation

Asbestos Claimants shall not be subject to, or bound by, the Plan, the CRP or the CMO. However,

Post-Confirmation Asbestos Claimants may elect to submit their Post-Confirmation Asbestos

Claims to the Settlement Facility for Settlement Review pursuant to the procedures set forth in

these CRP. Such Post-Confirmation Asbestos Claimants that elect Settlement Review will initiate

the Settlement Review process by filing a Claim Form with the Settlement Facility. The Claim

Form will allow each such Post-Confirmation Asbestos Claimant to select Basic Review or

Comprehensive Review for their Post-Confirmation Asbestos Claim.

Upon submission of a Post-Confirmation Claim by a Post-Confirmation Asbestos

Claimant for Settlement Review, (1) such Post-Confirmation Asbestos Claim shall be processed

pursuant to Section 4.1(c)(5) and paid pursuant to Section 4.1(d)(6), and (2) such Post-

Confirmation Asbestos Claim and Post-Confirmation Asbestos Claimant will be treated as an

1 Pre-Confirmation Judgment Asbestos Claimants may elect the Litigation Option only after electing to complete

state court appeals or, alternatively, submitting such claims for Settlement Review. If a Claimant elects to complete state court appeals, and the judgment is reversed but the Asbestos Claim is not Disallowed, the Claimant may submit such Asbestos Claim for Basic Review or Comprehensive Review pursuant to this CRP.

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Unresolved Asbestos Claim and an Unresolved Asbestos Claimant for the limited purpose of

Settlement Review, unless such treatment would conflict with this Section 2.4, Section 4.1(c)(5),

Section 4.1(d)(6), the terms of the Plan or the terms of the Settlement Facility Agreement.

The Settlement Facility shall not assume any liability for payment of Post-Confirmation

Asbestos Claims, and any settlement offer extended to such Holders shall be paid by the

Reorganized Debtors. Post-Confirmation Asbestos Claimants who either (i) have such claim

rejected by the Settlement Facility or (ii) receive an offer from the Settlement Facility under the

CRP and reject such offer shall be entitled to pursue all rights and remedies, if any, against the

Reorganized Debtors.

2.5 Internet Calculator. To assist Unresolved Asbestos Claimants in deciding

whether to select Basic Review or Comprehensive Review, the Settlement Facility’s website shall

include a calculator tool that Unresolved Asbestos Claimants or their attorneys may use to

determine an estimate of the amount such Asbestos Claimant would receive (assuming the

information is verified) if the Asbestos Claimant qualified for a Settlement Offer under each of the

Basic Review and Comprehensive Review processes available under Settlement Review.

Section 3

Overview of Settlement Review

3.1 CRP Goals. The Unresolved Asbestos Claims of all Unresolved Asbestos

Claimants shall be resolved under the terms of these CRP, and these CRP provide Post-

Confirmation Asbestos Claimants the option to submit their Post-Confirmation Asbestos Claims

for Settlement Review. These CRP set forth procedures for processing and paying Claims on an

impartial, first-in-first-out (“FIFO”) basis. These procedures are designed to generate Settlement

Offers to Unresolved Asbestos Claimants that are fair and expeditious, result in a minimum of

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expense to Claimants and the Settlement Facility, and treat Holders of Unresolved Asbestos

Claims as similarly as possible.

The medical and Kaiser Gypsum Product Contact requirements and other provisions of

these CRP are predicated on current medical, financial and other information. It is expected,

however, that Claims will be filed for processing under these CRP for decades to come. To account

for developments in medical science over that period, including with respect to the diagnosis and

causation of diseases, the Trustee may seek Bankruptcy Court approval for changes to the medical

criteria, subject to any consent and consultation requirements of the Settlement Facility

Agreement. Subject to any consent and consultation requirements of the Settlement Facility

Agreement, the Trustee may also seek Bankruptcy Court approval for changes to other CRP

requirements to reflect changes in law or other factors, including changing the “Jurisdiction

Factor” under Comprehensive Review to take into account jurisdiction-specific changes in law,

average verdicts, or other factors.

3.2 Matrix Amounts. These CRP establish medical and Kaiser Gypsum Product

Contact requirements to qualify for settlements and formulas for determining Matrix Amounts

based upon the characteristics of Claims. The diseases compensated under these CRP, upon

meeting the criteria described herein and in Appendices I and II, are pleural mesothelioma,

peritoneal mesothelioma, asbestos-related lung cancer, asbestos-related laryngeal cancer, and

asbestosis. All such Claimants may elect Basic Review, and Claimants alleging pleural

mesothelioma, peritoneal mesothelioma, asbestos-related lung cancer, or asbestos-related

laryngeal cancer may elect Comprehensive Review.

Basic Review requires less information, entails a simplified verification process, and will

result in higher Matrix Amounts for the vast majority of Unresolved Asbestos Claimants.

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Comprehensive Review may result in significantly higher Matrix Amounts for Unresolved

Asbestos Claimants who document a work history of extraordinary contact with Kaiser Gypsum

Products and whose complete job and exposure history does not demonstrate extensive exposure

to alternative sources of asbestos or a significant number of other potentially responsible parties.

Unresolved Asbestos Claimants who elect Comprehensive Review must provide more detailed

information and comply with a more extensive verification process. Within Basic Review and

Comprehensive Review, Matrix Amounts also depend upon objective criteria including age,

economic loss, number of dependents, and nature of Kaiser Gypsum Product Contact.

3.3 Claims Liquidation Procedures. To be processed by the Settlement Facility, all

Unresolved Asbestos Claimants must (i) file a Claim Form with the Settlement Facility (other than

Settled Asbestos Claimants, who are required to file a Notice of Settled Asbestos Claim), in a form

to be developed by the Trustee and (ii) submit a filing fee of $500, which will be refunded to

Unresolved Asbestos Claimants who receive a Settlement Offer from the Settlement Facility. The

Asbestos Claimant must also provide a contact address (which may be an attorney) at which the

Asbestos Claimant may receive notices from the Settlement Facility, including an email and street

address. For any notices the Settlement Facility is required to send to Unresolved Asbestos

Claimants under these CRP or the Plan, the Settlement Facility may serve the notice by email. The

Settlement Facility shall take steps to liquidate all Asbestos Claims efficiently and expeditiously

under these CRP.

3.4 Trustee’s Determination of Maximum Annual Payment. Prior to making any

payments, the Trustee shall estimate or model the amount of cash flow anticipated to be necessary

over the entire life of the Settlement Facility to ensure that sufficient funds will be available to

treat all Unresolved Asbestos Claimants as similarly as possible. In each year, the Trustee will be

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empowered to disburse funds calculated so that the application of such funds over the life of the

Settlement Facility shall correspond with the needs created by the anticipated flow of Claims (the

“Maximum Annual Payment”). The Settlement Facility’s distributions to Claimants for each year

shall not exceed the Maximum Annual Payment determined for that year. In determining the

Maximum Annual Payment for each year, including the first year that payments are made, the

Trustee shall determine current estimates of the number, types, and Matrix Amounts of Unresolved

Asbestos Claims, the value and liquidity of the assets then available, or to be available as a result

of Settlement Facility Contributions or other recoveries, to the Settlement Facility for payment of

Unresolved Asbestos Claims, all anticipated administrative and legal expenses of the Settlement

Facility and Litigation Expenses, and any other material matters that are reasonably likely to affect

the sufficiency of funds to provide equal treatment to all Holders of Claims, present and future.

In the event there are insufficient funds in any year to pay the Allowed Asbestos Claims,

the available funds shall be paid to the maximum extent to Unresolved Asbestos Claimants based

on their place in the “FIFO Payment Queue” described in Section 4.1(d)(2). Claims for which

there are insufficient funds will be carried over to the next year where they will be placed at the

head of the FIFO Payment Queue. If there are excess funds because there was an insufficient

amount of Allowed Asbestos Claims to exhaust the respective Maximum Annual Payment amount,

then the excess funds will be rolled over.

3.5 Adjustment of Matrix Amounts to Ensure Equal Treatment. To ensure all

Unresolved Asbestos Claimants are treated as similarly as possible, the Trustee shall have

discretion, subject to any consent and consultation requirements of the Settlement Facility

Agreement, to increase or decrease proportionally the Matrix Amounts set forth in Appendix I and

II. Prior to making payments to any Unresolved Asbestos Claimants and thereafter no less than

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once every three years, the Trustee shall determine current estimates of the number, types, and

Matrix Amounts of Unresolved Asbestos Claimants; the value and liquidity of the assets then

available, or to be available as a result of Settlement Facility Contributions or other recoveries, to

the Settlement Facility for their payment; all anticipated administrative and legal expenses, and

any other material matters that are reasonably likely to affect the sufficiency of funds to provide

equal treatment to all Holders of Asbestos Claims, present and future; and shall increase or

decrease the Matrix Amounts proportionally to ensure such equal treatment. When making these

determinations, the Trustee shall exercise common sense and flexibly evaluate all relevant factors.

If the Matrix Amounts are increased over time, Unresolved Asbestos Claimants who have

previously been paid by the Settlement Facility will receive a proportional additional payment

unless the Trustee, upon notice to the CAC, FCR, and Truck, concludes that the amount is so

modest and the administrative costs and burdens are so great in comparison to the benefits to

Unresolved Asbestos Claimants that such additional payments shall be omitted or deferred.

3.6 Trust Claims Payment Cap. The Trustee shall also have discretion to establish a

Claims Payment Cap for diseases based on the following categories: (i) “Category A” Claims,

which consist of Asbestos Claims involving pleural or peritoneal mesothelioma that were

unliquidated as of the Petition Date; (ii) “Category B” Claims, which consist of Asbestos Claims

involving non-mesothelioma malignancies (asbestos-related lung and laryngeal cancer) that were

unliquidated as of the Petition Date; and (iii) “Category C” Claims, which consist of Asbestos

Claims involving asbestosis that were unliquidated as of the Petition Date. If the Trustee

establishes a Claims Payment Cap, then the Claims Payment Cap shall be applied to the Maximum

Annual Payment in each year. The Trustee, in fixing the Claims Payment Cap, shall give

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consideration to the experience of Kaiser Gypsum in the tort system for the three years

immediately prior to the Petition Date.

In the event a Claims Payment Cap is set and there are insufficient funds in any year to pay

the Claims within any or all of the disease categories, the available funds within the particular

disease category shall be paid to the maximum extent to Unresolved Asbestos Claimants in the

particular disease category based on their place in the FIFO Payment Queue described in

Section 4.1 based upon the date of Claim liquidation. Asbestos Claims for which there are

insufficient funds will be carried to the next year where they will be placed at the head of the FIFO

Payment Queue. If there are excess funds in either or both disease categories, because there was

an insufficient amount of liquidated Asbestos Claims to exhaust the respective Maximum Annual

Payment amount for that disease category, then the excess funds for such disease category will be

rolled over and remain dedicated to the respective disease category to which they were originally

allocated, so long as the Claims Payment Cap remains in place.

3.7 Indirect Claims. As set forth in Section 6, upon satisfying threshold criteria for

allowance of contribution or indemnification claims, Indirect Claims shall be subject to the same

options, categorization, evaluation, and payment provisions of these CRP as all other Unresolved

Asbestos Claims.

3.8 CAC and FCR . Pursuant to the Plan and Settlement Facility Agreement, these

CRP will be administered by the Trustee in consultation with an FCR who represents the interests

of Holders of Future Asbestos Claims and the CAC which represents the interests of Holders of

Current Asbestos Claims. The matters upon which the Trustee shall consult with the FCR and

CAC are set forth in the Settlement Facility Agreement. The FCR and the initial members of the

CAC shall be appointed and identified in the Confirmation Order.

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Section 4

Resolution of Claims

4.1 Ordering, Processing, and Payment of Claims

4.1(a) Establishment of the FIFO Processing Queue. The Settlement

Facility will order Claims to be reviewed for processing purposes on a FIFO basis except

as otherwise provided herein (the “FIFO Processing Queue”). An Asbestos Claimant’s

position in the FIFO Processing Queue shall be determined according to the date that the

Claim Form or Notice of Settled Asbestos Claim, as applicable, with respect to the

specific Asbestos Claim is filed with the Settlement Facility, with an earlier filing date

given priority over a later filing date. If any Asbestos Claims are filed or are deemed to

be filed on the same date, the Asbestos Claimant’s position in the FIFO Processing Queue

shall be determined by the date of diagnosis of the asbestos-related disease, with an

earlier diagnosis date given priority over a later diagnosis date.

4.1(b) Effect of Statutes of Limitations and Repose.

4.1(b)(1) Litigation Option Statute Tolled. The statute of

limitations applicable to any Unresolved Asbestos Claim that pursues the Litigation

Option shall include any extension of time by operation of 11 U.S.C. § 108(c) and

shall be tolled (a) between the Effective Date of the Plan and one year after the

Settlement Facility first makes Claim Forms available and provides notice of such

date on its website and (b) between the time a Claim Form is filed with the

Settlement Facility and sixty (60) days after the Settlement Facility makes a

Settlement Offer under these CRP; unless the applicable statute of limitations has

expired prior to the Petition Date, in no event will the limitations period be shorter

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than one year after the Settlement Facility provides notice of such date on its

website.

4.1(b)(2) Claim Deemed “Filed.” A Claim shall be deemed filed on

the date the Claimant places the Claim Form in the mail, or the date upon which

the Claimant submits the Claim Form electronically.

4.1(c) Processing of Asbestos Claims. As a general practice, the Settlement

Facility will review its Asbestos Claims files on a regular basis and notify all Unresolved Asbestos

Claimants whose Asbestos Claims are likely to come up in the FIFO Processing Queue in the near

future.

4.1(c)(1) Processing of Settled Asbestos Claims. The Settlement

Facility shall review the Notice of Settled Asbestos Claim received from a Settled

Asbestos Claimant and may request additional information that the Settlement

Facility reasonably determines is necessary to determine the existence of a Final

Order or a settlement agreement between the Settled Asbestos Claimant and the

Debtors. Upon the Settlement Facility determining the existence of a Final Order

or a settlement agreement between the Settled Asbestos Claimant and the Debtors,

such Claimant’s Settled Asbestos Claim shall be Allowed. If the Settlement

Facility determines that a claim purported to be a Settled Asbestos Claim is not, in

fact, a Settled Asbestos Claim, such Claim will be Disallowed as not settled but the

Holder of such claim will nonetheless continue to hold an Unresolved Asbestos

Claim and may file a Claim Form pursuant to Section 2.1 and elect for Basic

Review or Comprehensive Review.

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4.1(c)(2) Processing of Unresolved Asbestos Claims. The

Settlement Facility shall, upon determining that an Unresolved Asbestos Claim

qualifies for a Settlement Offer under Section 2.1, tender to the Unresolved

Asbestos Claimant an offer of payment of the amount determined under these

procedures (the Basic Review CRP Amount for Unresolved Asbestos Claims that

select Basic Review and the Comprehensive Review CRP Amount for Unresolved

Asbestos Claims that select Comprehensive Review), together with a form of

Settlement Release that is approved by the Trustee and reasonably acceptable in

form and substance to the Reorganized Debtors and Truck. The protection afforded

by such Settlement Release is supplemental to, and does not derogate from or imply

any deficiency in, the protection provided by the Discharge Injunction and the

Contribution Injunction.

4.1(c)(3) Defense and Settlement of Litigation Option Claims.

Pursuant to the terms of the CMO, the Settlement Facility will be responsible for

defending against each Litigation Option Claim, and will pay all Litigation

Expenses, except to the extent that the Settlement Facility tenders defense against

a Litigation Option Claim to the Non-Truck Asbestos Insurers and such defense is

accepted, in which case such Non-Truck Asbestos Insurer shall assume such

defense and pay Litigation Expenses in accordance with the Asbestos Insurance

Policies. Any such Settlement Offer by the Settlement Facility (a “Judgment

Offer”) shall be in the form of an offer of judgment under Federal Rule of Civil

Procedure 68 and Federal Rule of Bankruptcy Procedure 7068. If any judgment the

Asbestos Claimant obtains under the Litigation Option is not more favorable than

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the unaccepted Judgment Offer, the Asbestos Claimant must, consistent with Rule

68(d), pay the costs incurred by the Settlement Facility after the Judgment Offer

was made. The Settlement Facility may, but is not obligated to, make a Judgment

Offer to any Litigation Option Claimant. However, unless the Non-Truck Asbestos

Insurers consent and agree to pay any amount above the Settlement Facility Limit,

the Settlement Facility may not make a Judgment Offer to a Litigation Option

Claimant that exceeds the Settlement Facility Limit. The Settlement Facility shall

retain a claim for reimbursement or contribution against the Reorganized Debtors

for any Litigation Expenses paid by the Settlement Facility related to Uninsured

Asbestos Claims; the Reorganized Debtors shall reimburse the Settlement Facility

for payment of such Litigation Expenses when and as Cash becomes available to

the Reorganized Debtors.

4.1(c)(4) Defense Settlement and Processing of Pre-Confirmation

Judgment Asbestos Claims. Any Pre-Confirmation Judgment Asbestos Claim

that chooses to litigate the pending appeal of a judgment to conclusion shall be

defended by the Settlement Facility. If a judgment is reversed and such Claim is

not dismissed or Disallowed as a result of such reversal, such Pre-Confirmation

Judgment Asbestos Claim shall become an Unresolved Asbestos Claim and will be

processed in accordance with Section 4.1(c)(2); provided, however, that any

settlement offered by the Settlement Facility pursuant to Settlement Review shall

be reduced by the Litigation Expenses incurred by the Settlement Facility in

connection with the appeal of the pre-confirmation judgment. The Settlement

Facility shall retain a claim for reimbursement or contribution against the

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Reorganized Debtors for any Litigation Expenses paid by the Settlement Facility

related to Uninsured Asbestos Claims; the Reorganized Debtors shall reimburse the

Settlement Facility for payment of such Litigation Expenses when and as Cash

becomes available to the Reorganized Debtors. Any Pre-Confirmation Judgment

Asbestos Claim that does not choose to litigate the pending appeal of a judgment

to conclusion and elects Settlement Review shall be treated as an Unresolved

Asbestos Claim and will be processed in accordance with Section 4.1(c)(2).

4.1(c)(5) Processing of Post-Confirmation Asbestos Claims. The

Settlement Facility shall, upon determining that a Post-Confirmation Asbestos

Claim qualifies for a Settlement Offer under Section 2.4, tender to the Post-

Confirmation Asbestos Claimant an offer of payment of the amount determined

under these procedures (the Basic Review CRP Amount for Post-Confirmation

Asbestos Claims that select Basic Review and the Comprehensive Review CRP

Amount for Post-Confirmation Asbestos Claims that select Comprehensive

Review), together with a form of Settlement Release that is approved by the Trustee

and reasonably acceptable in form and substance to the Reorganized Debtors and

Truck.

4.1(d) Payment of Asbestos Claims.

4.1(d)(1) Payment of Settled Asbestos Claims. Allowed Settled

Asbestos Claims will be paid in full by the Settlement Facility or the Reorganized

Debtors in FIFO order, based on the date the Settled Asbestos Claim became

Allowed, subject to all Asbestos Contribution Rights.

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4.1(d)(2) Payment of Unresolved Asbestos Claims. Allowed

Unresolved Asbestos Claims shall be paid in FIFO order based on the date the

Settlement Facility received an acceptable Settlement Release (the “FIFO

Payment Queue”), regardless of whether liquidation occurred under Basic Review

or Comprehensive Review. Such Allowed Unresolved Asbestos Claims shall be

paid in full by the Settlement Facility or the Reorganized Debtors, subject to all

Asbestos Contribution Rights.

4.1(d)(3) Payment of Litigation Option Claims. All Allowed

Litigation Claims shall be paid in the FIFO order based on the date Allowed

Litigation Option Claims became Allowed. For any Litigation Option Claim that

is Allowed by settlement, the Settlement Facility or the Reorganized Debtors shall

pay such Allowed Litigation Option Claim up to the Settlement Facility Limit,

subject to all Asbestos Contribution Rights. For any Litigation Option Claim

Allowed by judgment that becomes a Final Order, the Settlement Facility or the

Reorganized Debtors shall pay the Allowed amount of such Claim, subject to all

Asbestos Contribution Rights; provided, however, that if defense of such Claim was

tendered to and accepted by the Non-Truck Asbestos Insurers, then the Settlement

Facility or the Reorganized Debtors will pay such Claim up to the Truck Policy

Limit, subject to all Asbestos Contribution Rights, with any excess to be paid by

the Non-Truck Asbestos Insurers in accordance with the Asbestos Insurance

Policies. Any Litigation Option Claim that is Disallowed will not receive any

payment.

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4.1(d)(4) Payment of Pre-Confirmation Judgment Asbestos

Claims. Pre-Confirmation Judgment Asbestos Claims that are not treated as

Unresolved Asbestos Claims and are Allowed shall be paid in accordance with

Section 4.1(d)(3).

4.1(d)(5) Deductibles. The Settlement Facility shall not be

responsible for the payment of Uninsured Asbestos Claims except for Deductibles

as to which the Reorganized Debtors do not have sufficient Cash to pay such

Deductible at the time it would otherwise be required to be funded; provided

however, that the Reorganized Debtors shall reimburse the Settlement Facility for

such Deductible payment when and as Cash becomes available to the Reorganized

Debtors.

4.1(d)(6) Payment of Post-Confirmation Asbestos Claims. The

Settlement Facility shall not be responsible for payment of Post-Confirmation

Asbestos Claims, and any payments to Post-Confirmation Asbestos Claimants on

account of Post-Confirmation Asbestos Claims shall be made by the Reorganized

Debtors.

4.1(e) Deceased or Incompetent Claimant. Where the Asbestos Claimant

is deceased or incompetent, and the settlement and payment of his or her Claim must be approved

by a court of competent jurisdiction prior to acceptance of an offer by the Claimant’s

representative, such offer shall remain open so long as proceedings before that court remain

pending, provided that the Settlement Facility has been furnished with evidence that the Settlement

Offer has been submitted to such court for approval. If the offer is ultimately approved by that

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court and accepted by the Claimant’s representative, the Settlement Facility shall pay the Asbestos

Claim in the amount so offered.

4.1(f) Same Day Liquidation. If any Asbestos Claims are liquidated on the

same date, each such Claimant’s position in the FIFO Payment Queue shall be determined by the

date of the diagnosis of such Asbestos Claimant’s asbestos-related disease, with earlier diagnosis

dates given priority over later diagnosis dates.

4.1(g) Hardship Claims. The Settlement Facility may liquidate and pay

certain Claims that qualify as Hardship Claims at any time. Such Asbestos Claims may be

considered separately no matter what the order of processing otherwise would have been under

these CRP. A Hardship Claim, following its liquidation, shall be placed at the head of the FIFO

Payment Queue for its disease category for purposes of payment, subject to the Maximum Annual

Payment and Claims Payment Ratio described above. An Asbestos Claim qualifies for payment

as a Hardship Claim if the Trustee, in his or her sole discretion, determines (a) that the Asbestos

Claimant needs financial assistance on an immediate basis based on the Asbestos Claimant’s

expenses and all sources of available income, and (b) that the Asbestos Claimant’s dire financial

condition is a result of the Claimant’s asbestos-related disease.

4.2 Resolution of Unliquidated Unresolved Asbestos Claims. Within three (3)

months after the Effective Date, the Trustee shall implement procedures that are consistent with

these CRP for reviewing and liquidating all unliquidated Unresolved Asbestos Claims, which shall

include deadlines for processing such Unresolved Asbestos Claims (the “Processing Deadlines”).

4.3 Settlement Review Process. The CRP are designed to provide a fair, expeditious,

efficient and inexpensive method for liquidating Asbestos Claims based on the characteristics of

the Asbestos Claims without the expense or delay of allowance litigation. The CRP provide

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Unresolved Asbestos Claimants a substantially less burdensome process for pursuing their

Asbestos Claims than does allowance litigation.

4.3(a) Unresolved Asbestos Claimant’s Choice of Basic or

Comprehensive Review. An Unresolved Asbestos Claimant may submit their

Unresolved Asbestos Claim for either Basic Review or Comprehensive Review at the

time the Unresolved Asbestos Claimant submits a Claim Form to the Settlement Facility.

Matrix Amounts pursuant to Basic Review are determined pursuant to a formula set forth

in Appendix I to these CRP. Matrix Amounts pursuant to Comprehensive Review are

determined pursuant to a formula set forth in Appendix II to these CRP. Only Unresolved

Asbestos Claims satisfying the criteria set forth in either Appendix I or Appendix II, as

well as all other criteria in these CRP, are eligible for Settlement Offers under these CRP.

4.3(b) Basic Review and Comprehensive Review Distinguished. Basic

Review requires less information and takes into account comparatively fewer variables

than Comprehensive Review. Moreover, Unresolved Asbestos Claims submitted for

Comprehensive Review are subject to additional verification and documentation

requirements set forth in Section 4.6 of these CRP. Although some Unresolved Asbestos

Claimants (who have a small number of alternative sources of exposure) will receive

higher Settlement Offers by electing Comprehensive Review, it is anticipated that most

Unresolved Asbestos Claimants will receive higher Settlement Offers by electing Basic

Review.

4.3(c) Changing a Basic Review or Comprehensive Review Selection.

Regardless of whether an Unresolved Asbestos Claimant initially selects Basic Review

or Comprehensive Review, he or she may, at any time, amend the Claim Form once to

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switch to either Comprehensive Review or Basic Review, as applicable. Such

Unresolved Asbestos Claimant will be treated as if he or she had initially selected

Comprehensive Review or Basic Review pursuant to Section 2.1 but will not be

permitted to change the selection back.

4.3(d) Payment of Claims Accepting Settlement Offers. If the Settlement

Facility determines the Unresolved Asbestos Claim is eligible for payment under Basic

Review or Comprehensive Review (as applicable), and the Unresolved Asbestos

Claimant executes the Settlement Release, such Claim will become Allowed and shall be

placed in the FIFO Payment Queue, in accordance with Section 4.1(d)(2) of these CRP,

following which the Settlement Facility shall disburse payment.

4.3(e) Submission Requirements for Unresolved Asbestos Claims.

Whether an Unresolved Asbestos Claim is submitted under either Basic Review or

Comprehensive Review, it must meet the threshold requirements set forth below in

Section 4.4 and the medical requirements and Kaiser Gypsum Product Contact

requirements set forth below in Section 4.5 and must be submitted with information

sufficient to provide the data necessary to determine a Settlement Offer under the

procedures described in Appendix I (for Claims submitted for Basic Review) or

Appendix II (for Claims submitted for Comprehensive Review). The Trustee shall

develop the form of Claim Form required for Basic Review and Comprehensive Review

that is consistent with these CRP. The CMO will require any Unresolved Asbestos

Claimant that selects Basic Review and then pursues the Litigation Option to submit all

of the information required for Comprehensive Review to the Settlement Facility before

proceeding to litigation.

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4.4 Threshold Eligibility Criteria for All Unresolved Asbestos Claimants. To be

eligible for a payment under these CRP, the Unresolved Asbestos Claimant must satisfy the

following criteria in addition to the specific criteria applicable under Basic Review and

Comprehensive Review:

(a) The Asbestos Claimant (or the Asbestos Claimant’s predecessor) has not released the Asbestos Claim against the Debtors, the Reorganized Debtors, or the Settlement Facility (or had such Claim resolved by Final Order), subject to the exception for Second Disease Claims described in Section 4.5(b);

(b) The Asbestos Claimant has not obtained a judgment based on the asbestos-related injury alleged in the Asbestos Claim that has been fully satisfied;

(c) The Asbestos Claim has not been Disallowed by the Bankruptcy Court, except that Settled Asbestos Claimants whose Claims are Disallowed by the Bankruptcy Court solely as not settled may nevertheless seek to exercise Settlement Review, subject to all criteria contained herein; and

(d) The Asbestos Claimant has not transferred his or her right to recover with respect to the Asbestos Claim such that the Asbestos Claim can be asserted by another Person (the fact that a Claimant has executed a “subrogation agreement” with a health insurer or that a statutory provision grants to any governmental Entity rights of subrogation shall not of itself be construed as a transfer of the Asbestos Claimant’s right to recover).

4.5 Medical and Contact Requirements Under Basic Review and Comprehensive

Review.

4.5(a) Documentation of Disease. All Unresolved Asbestos Claimants must

support their Asbestos Claims with the medical documentation described in Appendices

I and II applicable to the condition they allege. All diagnoses must be accompanied by

either (i) a statement by the physician providing the diagnosis that at least ten (10) years

have elapsed between the date of first exposure to asbestos and the diagnosis, or (ii) a

history of exposure to asbestos sufficient to establish a 10-year latency period.

Medical evidence provided in support of the Asbestos Claim must be credible and

consistent with recognized medical standards. Each diagnosis must be made by a board-certified

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physician in an appropriate specialty, whose license and certification are not on inactive status, to

a level of reasonable medical probability. Pulmonary function testing, where required, must be

performed using equipment, methods of calibration, and techniques that meet the lung function

testing criteria adopted by the American Thoracic Society current as of the date the test is

performed. Any diagnosis of asbestosis (including in connection with asbestos-related lung cancer

or laryngeal cancer) must be made by (i) a board-certified pathologist, who personally reviewed

the Injured Party’s pathology; or (ii) a board-certified internist, pulmonologist or occupational

medicine physician who actually examined the Injured Party, with findings contained in a detailed

narrative written report. In assessing the reliability of a diagnosis, the Settlement Facility may

consider whether the diagnosis discusses the basis for the opinion and the reason for rejection of

other reasonably possible diagnoses.

With respect to pleural or peritoneal mesothelioma, the Settlement Facility in assessing the

reliability of a diagnosis may also consider the following:

Whether the pathologist or laboratory has performed a panel of appropriate

immunohistochemical stains on tumor tissue from a biopsy, and if not, whether there is

good cause and whether the laboratory has instead performed a panel of appropriate

immunohistochemical stains on a specimen obtained from exfoliative or aspiration

cytology preparations;

Whether the pathological report identifies the morphologic form of the tumor; that is,

whether the tumor is epithelial (also referred to as epithelioid), sarcomatous (also referred

to as sarcomatoid), or mixed epithelial and sarcomatous (sometimes referred to as biphasic

or bimorphic);

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Whether all treating physicians who expressed a diagnosis in the records concurred that the

Injured Party had diffuse malignant mesothelioma originating in the pleura or peritoneum;

Whether the treating physician finds that the gross distribution of tumor in the Injured

Party’s thorax is typical of malignant pleural or peritoneal mesothelioma; and

Whether there is a report by a board-certified radiologist documenting that the gross

distribution of tumor based on CT scans or PET scans of the Injured Party’s thorax is

typical of malignant mesothelioma.

With respect to all Asbestos Claims, the Trustee may require the submission of x-rays, CT

scans, detailed results of pulmonary function tests, laboratory tests, tissue samples, results of

medical examination or reviews of other medical evidence, and must require that medical evidence

submitted comply with recognized medical standards regarding equipment, testing, methods, and

procedure to assure that such evidence is reliable.

4.5(b) Second Disease (Malignancy) Claims. The Holder of an Asbestos

Claim involving asbestosis may file a new Asbestos Claim based on pleural

mesothelioma, peritoneal mesothelioma, asbestos-related lung cancer, or asbestos-

related laryngeal cancer that is subsequently diagnosed. The Settlement Release shall

not require such an Asbestos Claimant to release the subsequent disease Claim.

4.5(c) Kaiser Gypsum Product Contact Requirement.

4.5(c)(1) Kaiser Gypsum Product Contact. To be eligible for

payment from the Settlement Facility, the Claimant must allege that the alleged

Injured Party experienced Kaiser Gypsum Product Contact that the Claimant

reasonably believes contributed to causing his or her asbestos-related condition,

and the Claim Form must require certification of such allegation. The Claimant

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must demonstrate that the Injured Party had at least six (6) months of Kaiser

Gypsum Product Contact, which requires demonstrating at least six months

(combined) of Direct Kaiser Gypsum Product Contact, Bystander Kaiser Gypsum

Product Contact, or Secondary Kaiser Gypsum Product Contact. The Claimant

must demonstrate that the Person who experienced Direct Kaiser Gypsum Product

Contact or Bystander Kaiser Gypsum Product Contact was exposed either

occupationally or under credible do-it-yourself (DIY) settings.

For all Kaiser Gypsum Product Contact, Unresolved Asbestos Claimants must provide (i)

identification (by name, address or other description) of the residence(s), plant(s), or commercial

building site(s), and the city and state where Kaiser Gypsum Product Contact allegedly occurred;

(ii) the year(s) Kaiser Gypsum Product Contact began and ended; (iii) the Injured Party’s

occupation, job title, and employer(s) at the time of Kaiser Gypsum Product Contact (or, in the

case of Secondary Kaiser Gypsum Product Contact, the occupation, job title, and employer(s) of

the occupationally exposed Person at the time of Kaiser Gypsum Product Contact); (iv)

identification of the type of Kaiser Gypsum Product with which the Injured Party had contact; and

(v) the manner in which the Injured Party experienced Kaiser Gypsum Product Contact.

Claims based on conspiracy theories that do not involve Kaiser Gypsum Product Contact

are not compensable under these CRP.

Asbestos Claims based on alleged exposure to asbestos fibers from Kaiser Gypsum

Products that occurred outside of the United States and its territories and possessions (“Foreign

Claims”) are not compensable under these CRP. Foreign Claims do not include Claims based on

asbestos exposure aboard U.S. Navy ships.

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4.5(c)(2) Documentation of Kaiser Gypsum Product Contact. All

information required by Section 4.5(c)(1) must be evidenced by (a) interrogatories,

declarations, or other sworn statements verified or made under penalty of perjury

by a Person who is competent to testify to the information contained therein,

providing sufficient background information to explain how such Person acquired

the personal direct knowledge of such facts and allowing the Settlement Facility to

determine the credibility of the Person making the sworn statement, or (b) other

credible and authentic documents (such as military records, social security records,

etc.). The Claimant must also provide copies of any interrogatory answers

submitted by the Claimant or Injured Party in any asbestos litigation relating to the

alleged asbestos-related injury. The Settlement Facility may request copies of other

documents necessary for assessing the credibility of the allegation of Kaiser

Gypsum Product Contact.

4.5(c)(3) Prohibition on Site List Presumptions. Evidence that

Kaiser Gypsum Products were used at a plant, facility, or other worksite where the

Injured Party worked is, in and of itself, not sufficient to identify Kaiser Gypsum

Product Contact or provide the showing required by Section 4.5(c)(1). The

Settlement Facility is therefore prohibited from relying on “site lists” or other

similar proof as a substitute for the showing required by Sections 4.5(c)(1) and

4.5(c)(2), and a Claimant who can only demonstrate that the Injured Party worked

at a site where Kaiser Gypsum Products were used is not entitled to payment. The

Claimant must in all cases provide all information required by Sections 4.5(c)(1)

and 4.5(c)(2).

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4.6 Additional Documentation and Information for Comprehensive Review. An

Asbestos Claim submitted for Comprehensive Review must provide the following additional

information:

4.6(a) Information on Other Claims. An Asbestos Claimant seeking

Comprehensive Review must submit the information described in Section 4.6(b) about

all Other Claims that relate in any way to the alleged injuries for which the Asbestos

Claimant seeks compensation. Other Claims about which information must be submitted

include claims by the Asbestos Claimant, the Asbestos Claimant’s decedent, any current

or past Holder of the Asbestos Claim, or an attorney or claims representative representing

any of them. Other Claims include, but are not limited to, the following: (a) lawsuits

filed in any court, arbitration proceedings before any panel or tribunal, and administrative

proceedings (such as worker’s compensation claims) before any governmental or quasi-

governmental body; (b) claims that were resolved or settled without the institution of

litigation (such as pre-filing settlements reached after notification of the existence of a

claim without the need to file a lawsuit); and (c) claims that have been submitted in

bankruptcy proceedings or to Other Trusts that resulted from bankruptcy proceedings.

4.6(b) Information Provided About Other Claims. The Asbestos Claimant

shall submit the following information for each Other Claim: (a) the name of the Entity

against whom the Other Claim was made, (b) the date of the Other Claim, and (c) the

amounts of all payments received or to be received from the Entity to whom the Other

Claim was submitted. The Asbestos Claimant must also submit copies of any documents

submitted to or served upon any such Entity containing information regarding the alleged

Injured Party’s contact with or exposure to asbestos or asbestos-containing products,

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including without limitation any claim forms submitted to Other Trusts (along with any

attachments), ballots submitted by or on behalf of the Asbestos Claimant in any

bankruptcy case, and any discovery response filed or served in tort litigation. The

Asbestos Claimant shall also certify that, to the best of his knowledge, at that time, with

the exception of the Other Claims that have been expressly disclosed and identified by

the Asbestos Claimant, no other Entity is known to the Asbestos Claimant to be

potentially responsible for the alleged injuries that are the basis of the Claim.

4.6(c) Form of Comprehensive Review Claim Form. The specific

information required by the Settlement Facility to process an Asbestos Claim under

Comprehensive Review shall be set forth on a Claim Form to be developed by the Trustee

consistent with the requirements of these CRP. The Claimant must certify under penalty

of perjury that the information submitted is complete and accurate.

4.6(d) Authorization for Release of Information. The Asbestos Claimant

seeking Settlement Review shall execute a release of information form in favor of the

Settlement Facility, in the form attached as Appendix IV, (1) authorizing all Other Trusts

against whom an Other Claim has been made or asserted based on the Injured Party’s

injury to release to the Settlement Facility all information submitted to it by the Person

who made the Other Claim and to disclose the status of any such claim and the amount

and date of any payment on the claim, (2) except to the extent otherwise prohibited under

applicable state or federal privacy laws, authorizing the Settlement Facility to publicly

disclose certain information regarding the Asbestos Claimant and Asbestos Claim

specified in Appendix IV and (3) consenting to the audit processes developed by the

Trustee pursuant to Section 4.8. The release of information form shall authorize the

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Settlement Facility to obtain all submissions made by the Asbestos Claimant or his heirs,

executors, successors or assigns in the future to any Other Trust. The Trustee may amend

the form attached as Appendix IV from time to time to add newly established Other

Trusts. These authorizations will be used not only to verify information provided in

connection with particular Asbestos Claims, but also in connection with the Settlement

Facility’s periodic audits for fraud. If an Asbestos Claimant does not execute and submit

the form attached hereto as Appendix IV, then such Asbestos Claimant shall not receive

a Settlement Offer on account of their Asbestos Claim.

4.6(e) Attorney’s Certification. If the Asbestos Claimant seeking

Settlement Review (or any Related Claimant) is or has been represented by an attorney

in any litigation or in the filing of Other Trust claims based on the injury that forms the

basis for the Asbestos Claim, the Asbestos Claimant shall provide a certification under

penalty of perjury of such attorney. The certification shall affirm that the attorney has

fully investigated the alleged injuries that are the basis of the Asbestos Claim, including

conferring with any other attorneys who represent the Asbestos Claimant with respect to

claims against Other Trusts or any other Entity, and that no good-faith basis exists, at the

time the certification is executed, to bring a claim against any Entity that is not identified

in the Asbestos Claimant’s Claim Form.

If the Asbestos Claimant seeking Settlement Review (or any Related Claimant) has not

been represented by an attorney in any litigation or in the filing of Other Trust claims based on the

injury that forms the basis for the Asbestos Claim, the Asbestos Claimant shall provide a

certification under penalty of perjury that he or she has fully investigated the alleged injuries that

are the basis of the Claim, and that no good-faith basis exists, at the time the certification is

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executed, to bring a claim against any Entity that is not identified in the Asbestos Claimant’s Claim

Form.

4.7 Releases. As a condition to making a payment to any Unresolved Asbestos

Claimant or Post-Confirmation Asbestos Claimant, the Settlement Facility or the Reorganized

Debtors shall obtain from such Unresolved Asbestos Claimant, such release approved by the

Trustee and reasonably acceptable in form and substance to the Reorganized Debtors and Truck.

(The protection afforded by such release is supplemental to, and does not derogate from or imply

any deficiency in, the protection provided by the Discharge Injunction and the Contribution

Injunction.) The Settlement Release shall be a full release of the Unresolved Asbestos Claimant’s

Asbestos Claim, as well as a full release from any family members or similar parties for Related

Claims, and shall include all claims related to the Injured Party, with the exception of Second

Disease Claims as described above. Such release shall comply with applicable state or other law

and shall acknowledge that the settlement payment extinguishes the Asbestos Claim and all

Related Claims against the Reorganized Debtors, any Released Party (as defined in the Plan), the

FCR and his or her representatives, and the Settlement Facility, and shall relinquish such

Claimant’s and all Related Claimants’ right to pursue a remedy from the Reorganized Debtors,

any Released Party, the FCR and his or her representatives, or the Settlement Facility on account

of such Asbestos Claim and any derivative claims. The Settlement Facility or the Reorganized

Debtors shall obtain the Settlement Release in a form that protects the Reorganized Debtors, any

Released Party, the FCR and his or her representatives, and the Settlement Facility from any

contribution or other third-party claims by other asbestos defendants under applicable law, such as

by obtaining a pro rata release that requires the Unresolved Asbestos Claimant to release the

Settlement Facility’s and any Released Party’s share of any damages the Unresolved Asbestos

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Claimant may obtain from another defendant. The payment draft or check sent to the Unresolved

Asbestos Claimant shall be printed on a document that specifies and clearly advises the Claimant

that endorsement and cashing of the check or draft shall be deemed to serve as additional

documentation of the release of the Reorganized Debtors, the Released Parties, the FCR and his

or her representatives, and the Settlement Facility.

4.8 Audit Program. The Trustee shall develop methods for auditing the claims

process, including, but not limited to, the evaluation, ordering, processing, or payment of Asbestos

Claims. The Trustee shall also develop methods for auditing (i) the reliability of medical evidence,

including additional reading of x-rays, CT scans, and verification of pulmonary function tests,

(ii) the reliability of evidence of Kaiser Gypsum Product Contact, (iii) the reliability of evidence

of sources of asbestos exposure, by reference to audit procedures adopted by Other Trusts. All

such methods shall be implemented by the Settlement Facility, and (iv) any payments made by the

Settlement Facility, provided that Truck shall have the right to participate in any audit process

developed and to promptly receive any information obtained from any such audit.

4.8(a) Inconsistent Information. In the event that the Trustee reasonably

determines that any Person has engaged in a pattern or practice of providing inconsistent

or unreliable medical or Kaiser Gypsum Product Contact evidence and sources of

asbestos exposure to the Settlement Facility, co-defendants in the tort actions, or to Other

Trusts established in connection with other chapter 11 cases, it may decline to accept

additional evidence from such provider.

4.8(b) Fraud. To deter potential fraud, all Claim Forms, including all parts

requesting information required for Basic Review or Comprehensive Review, must be

signed under penalty of perjury. Further, in the event that an audit reveals that fraudulent

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information has been provided to the Settlement Facility, the Trustee may penalize any

Claimant or Claimant’s attorney by Disallowing the Claim or by other means including,

but not limited to, (i) reordering the priority of payment of all affected Claimants’ Claims,

(ii) raising the level of scrutiny of additional information submitted from the same source

or sources, (iii) refusing to accept additional evidence from the same source or sources,

(iv) refusing to accept Claims filed by a particular law firm, (v) seeking the prosecution

of the Claimant or Claimant’s attorney for presenting a fraudulent claim in violation of

18 U.S.C. § 152, (vi) seeking sanctions from the Bankruptcy Court, and (vii) filing

complaints for disciplinary action with appropriate State Bar organizations.

Section 5

Review of Settlement Facility Settlement Offers

5.1 Supplementation of Claim Form. The Settlement Facility, upon rejecting any

Asbestos Claim, shall provide the Asbestos Claimant with a list of deficiencies in the Claim Form

that preclude a Settlement Offer. The Claimant shall have six (6) months in which to cure these

deficiencies to attempt to obtain a Settlement Offer. After that period, the Asbestos Claim will be

deemed Disallowed and uncompensable under the Plan and these CRP. Any disputes regarding

deficiencies in the Claim Form and Disallowance of an Asbestos Claim under this Section 5.1

shall be resolved by the District Court. This provision will not preclude the assertion of Second

Disease Claims.

5.2 Election of Litigation Option. A Claimant who rejects the Settlement Offer made

by the Settlement Facility under these CRP, or who does not receive a Settlement Offer by the

applicable Processing Deadline, may elect the Litigation Option and pursue allowance litigation

pursuant to the CMO. Section 2.3 above describes how to pursue the Litigation Option, the

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Settlement Facility’s settlement authority, the effects of any such Settlement Offer, and the

Settlement Facility’s responsibility for Litigation Expenses and any judgments.

Section 6

Indirect Claims

6.1 Indirect Claims. Settlement Review of Indirect Claims shall be subject to the same

options, categorization, evaluation, and payment provisions of these CRP as all other Unresolved

Asbestos Claims, subject to the criteria in this Section 6.

6.2 Presumptively Valid Indirect Asbestos Claims. Indirect Claims shall be treated

as presumptively valid and paid by the Settlement Facility if they meet the following requirements:

6.2(a) Not Disallowed. Such Claim satisfied the requirements of any bar date

for such Claims established by the Bankruptcy Court, if applicable, and is not otherwise

disallowed by section 502(e) of the Bankruptcy Code or subordinated under section

509(c) of the Bankruptcy Code.

6.2(b) Payment of and Release by Indirect Claimant. The Indirect

Claimant establishes to the satisfaction of the Settlement Facility that (i) the Indirect

Claimant has paid in full the Direct Claimant for which the Settlement Facility would

otherwise have had a liability or obligation under these CRP, (ii) the Direct Claimant and

the Indirect Claimant have forever and fully released the Settlement Facility from any

liability to the Direct Claimant, and (iii) the Claim is not otherwise barred by a statute of

limitation or repose or by other applicable law.

6.2(c) Establishing Indirect Claim. To establish a presumptively valid

Indirect Claim, the Indirect Claimant’s aggregate liability for the Direct Claimant’s

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Claim must also have been fixed, liquidated and paid fully by the Indirect Claimant by

settlement (with an appropriate full release in favor of the Settlement Facility and all

other parties referenced in Section 4.1(c) supra) or a Final Order (as defined in the Plan)

provided that such Claim is valid under applicable law. In any case where the Indirect

Claimant has satisfied the Claim of a Direct Claimant against the Settlement Facility

under applicable law by way of a settlement, the Indirect Claimant shall obtain for the

benefit of the Settlement Facility a release in form and substance satisfactory to the

Settlement Facility.

6.3 Otherwise Valid Indirect Claims. If an Indirect Claimant cannot meet the

presumptive requirements set forth above, including the requirement that the Indirect Claimant

provide the Settlement Facility with a full release of the Direct Claimant’s Claim, the Indirect

Claimant may request that the Settlement Facility review the Indirect Claim to determine whether

the Indirect Claimant can establish under applicable state law that the Indirect Claimant has paid

all or a portion of a Direct Claim. If the Indirect Claimant can show that it has paid all or a portion

of such a liability or obligation, the Settlement Facility shall process such Indirect Claim on the

same basis as the Settlement Facility would have processed the underlying Direct Claim in the

absence of payment by such Indirect Claimant to the Direct Claimant. In no event, however, shall

payment to the Indirect Claimant exceed the lesser of (a) the amount to which the Direct Claimant

would have otherwise been entitled, and (b) the amount paid by such Indirect Claimant on account

of such Direct Claim.

6.4 Processing and Payment of Indirect Claims. Indirect Claims that are entitled to

payment from the Settlement Facility shall be processed and paid in accordance with procedures

to be developed and implemented by the Settlement Facility consistent with the provisions of this

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Section 6, which procedures shall, consistent with the threshold requirements of this Section 6,

provide the same Basic Review and Comprehensive Review and payment procedures and rights

to the Holders of such Claims as the Settlement Facility would have afforded the Holders of the

underlying Direct Claims.

Section 7

Claim Forms

7.1 Claim Forms. The Trustee shall prepare suitable and efficient Claim Forms for all

Unresolved Asbestos Claims consistent with these CRP, and shall post the materials to the

Settlement Facility’s website and provide such Claim Forms upon a written request to the

Settlement Facility for such materials. The Claim Forms shall include such instructions as the

Trustee shall approve. All Claim Forms shall be signed under penalty of perjury.

7.2 Filing of Claims. In developing its claim filing procedures, the Settlement Facility

shall make every effort to provide Unresolved Asbestos Claimants with the opportunity to utilize

currently available technology at their discretion, including filing Asbestos Claims and supporting

documentation over the internet and electronically by disk or CD-ROM.

7.3 Modification of Claim Forms. The Trustee may subsequently modify any of the

Claim Forms so long as any modifications are consistent with the goals, principles and provisions

of these CRP.

7.4 Reliability of Claim Information. Information submitted in support of an

Asbestos Claim must comply with recognized medical standards (including, but not limited to,

standards regarding equipment, testing methods, and procedures) and legal evidentiary and

authenticity standards.

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7.4(a) Copies of Medical Records. Although the Settlement Facility will not

strictly apply rules of evidence, information provided in support of Asbestos Claims must

be reliable and credible so that the Settlement Facility is fully informed regarding the

foundations for facts asserted in support of Claims. The Settlement Facility normally

will accept copies instead of authenticated copies of x-ray reports, laboratory tests,

medical examinations, and other medical records and reviews that otherwise comply with

recognized medical and legal standards unless circumstances indicate that the copies of

the tests, reports, and/or review are not authentic or are otherwise unreliable.

7.4(b) Other Materials. The Settlement Facility normally will accept copies

instead of authenticated copies of deposition testimony, invoices, affidavits, business

records, deck logs, military service records (including leave records) or other credible

indirect or secondary evidence in a form otherwise acceptable to the Settlement Facility

that establishes an Injured Party’s occupation, occupational history, business or other

losses, or the Injured Party’s presence at a particular ship, facility, job site, building or

buildings, or location during a time period in which the Kaiser Gypsum Product was

present, unless circumstances show that the information being submitted is unreliable.

7.4(c) Disregarding Unreliable Evidence. Examples of unreliable

information include where the circumstances raise questions of authenticity of copies or

where Persons preparing Asbestos Claims or verifying facts offered in support of an

Asbestos Claim lack direct knowledge of such facts, but fail to reveal and describe what

facts and how and from what sources they learned those facts, which they relied upon as

the basis for their assertion of such facts. Under these circumstances, the Settlement

Facility shall apply the rules of evidence to exclude and disregard evidence where the

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witness or verifying party declines to provide such foundational information; e.g., on

grounds that the information relied upon is privileged or confidential.

7.5 Requests for Information by Co-Defendants; Confidentiality of Settlement

Materials. To lower administrative costs caused by third-party requests for information, while

protecting confidential Asbestos Claimant information, the Settlement Facility may publish on its

website the names of Claimants (and associated Injured Parties) who file Asbestos Claims against

the Settlement Facility, the last four digits of such individuals’ social security numbers, their

claimed disease, the nature of their alleged Kaiser Gypsum Product Contact (including contact

group(s) identified by the Claimant and the dates of the alleged contact), the Claimant’s choice of

Settlement Review, the status of the claim, and, if applicable, the Settlement Offer made and the

amount paid to the Claimant. The Settlement Facility reserves all rights with respect to subpoenas

seeking additional information.

Section 8

Miscellaneous

8.1 Medicare Reporting Obligations. In accordance with the provisions of the

Settlement Facility Agreement, the Trustee shall have the authority and discretion to establish

procedures to comply with any reporting obligations that may apply to the Settlement Facility

under 42 U.S.C. § 1395y et seq. or any other similar statute or regulation, and any related rules,

regulations, or guidance issued in connection therewith or relating thereto, including Section 111

of the Medicare, Medicaid, and SCHIP Extension Act of 2008 (P. L. 110-173), or any other similar

statute or regulation, and any related rules, regulations, or guidance issued in connection therewith

or relating thereto. The Trustee will fully cooperate with and share any relevant information with

governmental Entities and any other Entity determined to have a reporting obligation under such

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statutes or regulations with respect to payments made by the Settlement Facility, including any

Reorganized Debtor. The Trustee shall also have authority and discretion to establish procedures

reasonably designed to protect the Settlement Facility from any Medicare reimbursement claims.

With respect to any payments to Asbestos Claimants made by the Settlement Facility, the

Settlement Facility shall act as reporting agent for any Entity having a reporting obligation under

42 U.S.C. § 1395y(b), and any related rules, regulations, or guidance issued in connection

therewith or relating thereto, including Section 111 of the Medicare, Medicaid, and SCHIP

Extension Act of 2008 (P. L. 110-173), or any other similar statute or regulation, and any related

rules, regulations, or guidance issued in connection therewith or relating thereto (“MMSEA”).To

satisfy any reporting obligations and to avoid duplicative reporting by multiple “applicable

plans” (as that term is defined in 42 U.S.C. § 1395y(b)(8) (otherwise known as “RREs”)), the

Settlement Facility shall, at its sole expense, timely submit on behalf of all RREs of the

Settlement Facility, all reports that are required under MMSEA on account of any claims settled,

resolved, paid, or otherwise liquidated by the Settlement Facility or with respect to contributions

to the Settlement Facility. The Settlement Facility, in its role as agent for any RRE(s), shall

follow all applicable guidance and orders generated by CMS, including in determining how to

report to CMS pursuant to MMSEA. When the Settlement Facility reports a payment from the

Settlement Facility as required under the MMSEA, no other RREs need to report that same

payment under the MMSEA.

Notwithstanding that the Settlement Facility shall act as reporting agent for any RRE(s),

nothing shall relieve any Entities that may be RREs under the reporting provisions of MMSEA,

including without limitation the Released Parties, from any reporting or other obligations they

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may have under MMSEA in the event the Settlement Facility fails to report in accordance with

42 U.S.C. § 1395y(b)(8).

If an “applicable plan” within the meaning of 42 U.S.C. § 1395y(b)(8) (including without

limitation the Debtors, the Reorganized Debtors, or their liability insurers) opts to submit its own

reports to CMS under MMSEA, the Settlement Facility shall cooperate with and provide to such

applicable plan, in a timely manner, such information as the applicable plan may require in order

to comply with MMSEA.

8.2 Other Provisions Related to Reimbursement Under the MSPS. As a condition

of receiving payment from the Settlement Facility, the Reorganized Debtors, an Asbestos

Insurance Entity, or any “primary plan” within the meaning of 42 U.S.C. § 1395y(b), Asbestos

Claimants must first certify in writing that they will comply with any reimbursement obligations

owing or potentially owing under the MSPS, or related rules, regulations, or guidelines.

As a condition of receiving payment from the Settlement Facility, the Reorganized

Debtors, an Asbestos Insurance Entity, or any “primary plan” within the meaning of 42 U.S.C.

§ 1395y(b), Asbestos Claimants must first certify that all information provided to the Settlement

Facility is complete and accurate to the best of the Asbestos Claimants’ knowledge and in

accordance with 28 U.S.C. § 1746. Excessive legal fees may not qualify as a “procurement cost”

within the meaning of 42 C.F.R. § 411.37(a). CMS retains the right to determine the amount by

which any “procurement cost” will reduce the agency’s recovery.

8.3 No Attorney Necessary These CRP establish an administrative procedure for

making defined payments to Unresolved Asbestos Claimants based on objective criteria.

Furthermore, these CRP are designed so that Unresolved Asbestos Claimants can file their

Asbestos Claims without the assistance of an attorney. The Settlement Facility shall not require

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Unresolved Asbestos Claimants to retain an attorney in order to file Asbestos Claims with the

Settlement Facility. In addition, the Trustee shall administer these CRP so as to encourage and

facilitate Unresolved Asbestos Claimants filing Asbestos Claims without the assistance of an

attorney. In no event shall the valuation of any Asbestos Claimant’s Asbestos Claim depend on

the identity of the Asbestos Claimant’s attorney.

8.4 Amendments. Amendments to the CRP shall be governed by the Settlement

Facility Agreement.

8.5 Severability. Should any provision contained in these CRP be determined to be

unenforceable, such determination shall in no way limit or affect the enforceability and operative

effect of any and all other provisions of these CRP.

8.6 Governing Law. For all purposes, these CRP and their administration shall be

governed by, and construed in accordance with, the internal laws of the State of North Carolina

without regard to its conflict of laws provisions.

8.7 Relation to Other Plan Documents. In the event that these CRP conflict with the

Plan or the Settlement Facility Agreement, the Plan or the Settlement Facility Agreement, as

applicable, shall control.

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APPENDIX I: BASIC REVIEW

Introduction

This Appendix describes how the Settlement Facility will calculate Matrix Amounts under

Basic Review. Nothing herein alters or amends the requirements for Basic Review that are

contained in the CRP.

Under this process, the Settlement Facility will make Settlement Offers to qualifying

Unresolved Asbestos Claimants based on the alleged Injured Party’s (“IP”) demographic and

medical characteristics, the occupation and industry in which they allege contact with Kaiser

Gypsum products, and the time duration working in such occupation and industry (the Basic

Review CRP Amount).

It is anticipated that most Unresolved Asbestos Claimants will receive higher Matrix

Amounts by electing Basic Review rather than Comprehensive Review.

To assist Unresolved Asbestos Claimants in making the election between Basic Review

and Comprehensive Review, the Settlement Facility will establish a website containing a calculator

tool that Claimants can use to determine an estimate of the amount such Asbestos Claimant would

receive (assuming the information is verified) if the Asbestos Claimant qualified for an offer under

each of the Basic Review and Comprehensive Review processes.

To qualify for a Settlement Offer, the Asbestos Claimant must demonstrate that the IP had

at least six (6) months of Kaiser Gypsum Product Contact, as defined in the CRP, and must meet

the medical criteria described herein.

Unresolved Asbestos Claimants alleging pleural mesothelioma, peritoneal mesothelioma,

asbestos-related lung cancer, or asbestos-related laryngeal cancer are eligible for Settlement Offers

calculated under sections I.A, I.B, and I.C. upon meeting the medical criteria described in I.B.1

below. Unresolved Asbestos Claimants alleging asbestosis, asbestos-related lung cancer, and

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asbestos-related laryngeal cancer who meet the medical criteria in I.D below will receive fixed

Settlement Offers.

I.A Occupation and Industry Groups

The Asbestos Claimant must identify the IP’s “Contact Group” based on the IP’s asbestos

exposure history in which the IP had Kaiser Gypsum Product Contact or exposure to other

asbestos-containing products. The Contact Groups have been defined based on the potential

proximity, frequency, and intensity of the IP’s contact with asbestos-containing joint compound

and other products, as follows:

Group 1:

o Individuals with frequent and significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to few alternative sources of asbestos all of which occur at significantly lower frequency and intensity than the Kaiser Gypsum Product Contact

o No exposures to asbestos in commercial or industrial settings

Group 2:

o Individuals with frequent and significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to few alternative sources of asbestos all of which occur at significantly lower frequency and intensity than the Kaiser Gypsum Product Contact

o No other significant exposures to asbestos in commercial or industrial settings

Group 3:

o Individuals with significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to some alternative sources of asbestos, including exposure to sanding, mixing, or removal of other manufacturers’ joint compound

o No other significant exposures to asbestos other than joint compound in commercial or industrial settings and no exposure to non-chrysotile asbestos

Group 4:

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o Individuals with significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to some alternative sources of asbestos, including exposure to sanding, mixing, or removal of other manufacturers’ joint compound

o No significant exposures to non-chrysotile asbestos

Group 5:

o Individuals with exposure to sanding, mixing, or removal of Kaiser Gypsum joint compound

o Exposure to several sources of asbestos

o May have significant exposures to non-chrysotile asbestos

The Settlement Facility will offer Unresolved Asbestos Claimants in each Contact Group

a settlement no higher than the maximum settlement value allowed for the Contact Group (the

“Maximum Settlement”):

Contact Group Maximum Settlement

Group 1 $1,000,000 Group 2 $$500,000 Group 3 $300,000 Group 4 $100,000 Group 5 $5,000

In Groups 1, 2, 3, and 4, the Asbestos Claimant’s Basic Review Settlement Offer will be

the Maximum Settlement for the Asbestos Claimant’s Contact Group multiplied by the IP Factors

Index described below. The IP Factors Index varies based on the IP’s alleged disease and medical

information, demographic characteristics, economic loss (if Claimant elects to report and

document any), and the length of time the IP spent in the activity or activities in which the alleged

Kaiser Gypsum Product Contact occurred. In Group 5, the Asbestos Claimant’s Basic Review

Settlement Offer will be the Maximum Settlement for Group 5, without a discount based on the IP

Factors Index.

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I.B Alleged Injured Party Factors Index

The Settlement Facility will calculate an IP Factors Index by calculating the Medical

Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss Factor,

and Duration of Kaiser Gypsum Product Contact Factor according to the rules set forth below.

I.B.1 Medical Information Factor

The Settlement Facility will assign a Medical Information Factor based on the

following medical criteria (Unresolved Asbestos Claimants who meet none of these criteria receive

a Medical Information Factor of 0):

Pleural Mesothelioma (Medical Information Factor = 1.0)

1. Diagnosis of diffuse malignant mesothelioma originating in the pleura by a board-certified

pathologist.

2. Either:

a. An affirmation that the Injured Party is being treated for diffuse malignant mesothelioma

originating in the pleura as of the date the Asbestos Claim is submitted; or

b. A death certificate indicating the cause of death is diffuse malignant mesothelioma

originating in the pleura.

Peritoneal Mesothelioma (Medical Information Factor = 0.34)

1. Diagnosis of diffuse malignant mesothelioma originating in the peritoneum by a board-certified

pathologist.

2. Either:

a. An affirmation that the Injured Party is being treated for diffuse malignant mesothelioma

originating in the peritoneum as of the date the Asbestos Claim is submitted; or

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b. A death certificate indicating the cause of death is diffuse malignant mesothelioma

originating in the peritoneum.

Asbestos-Related Lung Cancer (Medical Information Factor = 0.1)

1. Diagnosis of primary lung cancer by board-certified pathologist, internist, pulmonologist,

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer.

2. Credible evidence that the Injured Party never smoked or used tobacco products.

3. Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.

4. A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified internist

and must be supported by either pathology or radiology:

a. If by pathology, a board-certified pathologist must diagnose asbestosis pursuant to the

histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of the

Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

b. If by radiology, the Asbestos Claimant must provide a roentgenographic interpretation

report of a NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2

chest x-ray that has been read by a certified B-reader according to the ILO system of

classification as showing bilateral small irregular opacities (s, t, or u) with a profusion

grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0 or greater

(Section 2B of the current NIOSH form).

5. An elevated amphibole lung tissue fiber burden must be documented by the report of a board-

certified pathologist of a retained amphibole asbestos fiber burden determined by a laboratory

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employing procedures and the method of determining reference range values described in Roggli,

et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the Asbestosis

Committee of the College of American Pathologists and Pulmonary Pathology Society, Arch

Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report either:

a. A retained amphibole fiber count equivalent to at least 1 million amphibole fibers greater

than 5 microns in length per gram of dry lung tissue (values reported as fibers greater than

5 microns in length per gram wet lung may be multiplied by a factor of 10 to convert to

dry lung measurement); or

b. A retained amphibole fiber count within the reference range values of the testing

laboratory for bona fide cases of asbestosis.

Asbestos-Related Laryngeal Cancer (Medical Information Factor = 0.1)

1. Diagnosis of laryngeal cancer by board-certified pathologist, internist, pulmonologist, medical

oncologist, surgical oncologist, or occupational medicine physician, affirming that asbestos

exposure was a substantial cause of the Injured Party’s lung cancer.

2. Credible evidence that the Injured Party never smoked or used tobacco products.

3. Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.

4. A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified internist

and must be supported by either pathology or radiology:

a. If by pathology, a board-certified pathologist must diagnose asbestosis pursuant to the

histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of the

Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

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b. If by radiology, the Claimant must provide a roentgenographic interpretation report of a

NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2 chest x-ray

that has been read by a certified B-reader according to the ILO system of classification as

showing bilateral small irregular opacities (s, t, or u) with a profusion grading of 1/0 or

higher finding bilateral interstitial infiltrative profusion of 1/0 or greater (Section 2B of the

current NIOSH form).

5. An elevated amphibole lung tissue fiber burden must be documented by the report of a board-

certified pathologist of a retained amphibole asbestos fiber burden determined by a laboratory

employing procedures and the method of determining reference range values described in Roggli,

et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the Asbestosis

Committee of the College of American Pathologists and Pulmonary Pathology Society, Arch

Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report either:

a. A retained amphibole fiber count equivalent to at least 1 million amphibole fibers greater

than 5 microns in length per gram of dry lung tissue (values reported as fibers greater than

5 microns in length per gram wet lung may be multiplied by a factor of 10 to convert to

dry lung measurement); or

b. A retained amphibole fiber count within the reference range values of the testing

laboratory for bona fide cases of asbestosis.

I.B.2 Age Factor

Unresolved Asbestos Claimants with younger IPs receive higher Settlement Offers

than Claimants with older IPs. The Settlement Facility will determine the Age Factor based on

the earlier of the IP’s diagnosis date and death date (the “IP Age”). The Settlement Facility will

assign an Age Factor of 1 for an IP Age of 75. The Settlement Facility will decrease the Age

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Factor by 0.015 for every IP Age year above 75, but will not decrease the Age Factor below 0.7.

The Settlement Facility will increase the Age Factor by 0.015 for every IP Age year below 75, but

will not increase the Age Factor above 1.4.

I.B.3 Life Status Factor

If the IP is alive at the time the Claim Form is filed with the Settlement Facility, the

Settlement Facility will assign a Life Status Factor of 1.3. If the IP is deceased at the time the

Claim Form is filed with the Settlement Facility, the Settlement Facility will assign a Life Status

Factor of 1.

I.B.4 Dependents Factor

If the IP does not have a spouse or other dependents (minor children, adult disabled

dependent children, or dependent minor grandchildren) as of the date the Claim Form is filed with

the Settlement Facility, the Settlement Facility will assign a Dependents Factor of 0.8. If the IP

has a spouse but no other dependents as of the date the Claim Form is filed with the Settlement

Facility, the Settlement Facility will assign a Dependents Factor of 1. Finally, if the IP has

dependents (minor children, adult disabled dependent children, or dependent minor grandchildren)

living with the IP at the time the Claim Form is filed with the Settlement Facility, the Settlement

Facility will assign a Dependents Factor of 1.5.

I.B.5 Economic Loss Factor

Unresolved Asbestos Claimants may elect (but are not required) to document economic

losses related to the IP’s loss of earnings, pension, social security, home services, medical

expenses, and funerary expenses. If the Asbestos Claimant does not document economic loss or

for which the economic loss amount is $200,000 or less, the Settlement Facility will assign an

Economic Loss Factor of 1.0. If the documented economic loss amount is greater than $200,000,

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the Settlement Facility will adjust the Economic Loss Factor upward by 0.001 for every thousand

dollars of economic loss over $200,000, up to a maximum Economic Loss Factor of 2. All claimed

economic loss over $200,000 must be supported by adequate documentation.

I.B.6 Duration of Kaiser Gypsum Product Contact Factor

If the IP spent 10 years or more performing the activity or activities in which he

had Kaiser Gypsum Product Contact in the Contact Group, the Settlement Facility will assign a

Duration of Kaiser Gypsum Product Contact Factor of 1. If the IP spent less than 10 years

performing the activity or activities in which he had Kaiser Gypsum Product Contact in the Contact

Group, the Settlement Facility will assign a Duration of Kaiser Gypsum Product Contact Factor

decreased downward by 0.1 for every year under 10 years.

I.B.7 Calculation of IP Factors Index

To calculate the IP Factors Index, the Settlement Facility will multiply the Medical

Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss Factor,

and Duration of Kaiser Gypsum Product Contact Factor, and divide by 5.46, which is the maximum

possible value of the product of those factors.2 The range of the IP Factors Index is [0%] to 100%.

I.C Settlement Offer Determination

For Groups 1, 2, 3, and 4, the Settlement Facility will determine the Basic Review Matrix

Amount by multiplying the Maximum Settlement for the Claimant’s Contact Group by the IP

Factors Index. For Group 5, the Settlement Offer in Basic Review is $5,000 multiplied by the

Medical Information Factor.

2 5.46 = 1.0 (Medical Information Factor) x 1.3 (Life Status Factor) x 1.5 (Dependents Factor) x 1.4 (Age Factor)

x 2.0 (Economic Loss Factor) x 1.0 (Duration of Kaiser Product Contact Factor).

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If the IP had Kaiser Gypsum Product Contact in more than one Contact Group, then the

Settlement Facility will determine a separate Settlement Offer based on the IP’s time in each

Contact Group (taking into account all years in that Contact Group, whether in the same or

different industries/occupations and whether or not continuous) by calculating a separate IP

Factors Index for each Contact Group and multiplying it by the Maximum Settlement for that

Contact Group (or, in the case of Group 5, assigning a value of $5,000 multiplied by the Medical

Information Factor). (For example, if the IP had five years in Group 1 and ten years in Group 2,

the Settlement Facility will calculate separate Settlement Offers for the time in Group 1 and the

time in Group 2.) The Settlement Facility will offer the Asbestos Claimant the highest of the

settlements yielded by this calculation.

If the calculation for any Asbestos Claimant who meets the medical criteria in Section I.B.1

is less than $5,000 multiplied by the Medical Information Factor, the Settlement Facility will offer

the Asbestos Claimant $5,000 multiplied by the Medical Information Factor.

I.D Medical Criteria for Fixed Payment

Claimants alleging asbestosis or who allege asbestos-related laryngeal cancer or lung

cancer but do not meet the criteria in I.B.1 will receive a fixed Settlement Offer upon

demonstrating at least six months of Kaiser Gypsum Product Contact and meeting the following

medical criteria:

Asbestos-Related Lung Cancer ($500 payment)

1. Diagnosis of primary lung cancer by board-certified pathologist, internist, pulmonologist,

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer.

2. Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.

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3. A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified internist

and must be supported by either pathology or radiology:

a. If by pathology, a board-certified pathologist must diagnose asbestosis pursuant to the

histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of the

Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

b. If by radiology, the Asbestos Claimant must provide a roentgenographic interpretation

report of a NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2

chest x-ray that has been read by a certified B-reader according to the ILO system of

classification as showing bilateral small irregular opacities (s, t, or u) with a profusion

grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0 or greater

(Section 2B of the current NIOSH form).

4. An elevated amphibole lung tissue fiber burden may be documented by the report of a board-

certified pathologist of a retained amphibole asbestos fiber burden determined by a laboratory

employing procedures and the method of determining reference range values described in Roggli,

et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the Asbestosis

Committee of the College of American Pathologists and Pulmonary Pathology Society, Arch

Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report either:

a. A retained amphibole fiber count equivalent to at least 1 million amphibole fibers greater

than 5 microns in length per gram of dry lung tissue (values reported as fibers greater than

5 microns in length per gram wet lung may be multiplied by a factor of 10 to convert to

dry lung measurement); or

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b. A retained amphibole fiber count within the reference range values of the testing

laboratory for bona fide cases of asbestosis.

Asbestos-Related Laryngeal Cancer ($500 payment)

1. Diagnosis of laryngeal cancer by board-certified pathologist, internist, pulmonologist, medical

oncologist, surgical oncologist, or occupational medicine physician, affirming that asbestos

exposure was a substantial cause of the Injured Party’s lung cancer.

2. Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.

3. A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified internist

and must be supported by either pathology or radiology:

a. If by pathology, a board-certified pathologist must diagnose asbestosis pursuant to the

histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of the

Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

b. If by radiology, the Claimant must provide a roentgenographic interpretation report of a

NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2 chest x-ray

that has been read by a certified B-reader according to the ILO system of classification as

showing bilateral small irregular opacities (s, t, or u) with a profusion grading of 1/0 or

higher finding bilateral interstitial infiltrative profusion of 1/0 or greater (Section 2B of the

current NIOSH form).

4. An elevated amphibole lung tissue fiber burden may be documented by the report of a board-

certified pathologist of a retained amphibole asbestos fiber burden determined by a laboratory

employing procedures and the method of determining reference range values described in Roggli,

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et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the Asbestosis

Committee of the College of American Pathologists and Pulmonary Pathology Society, Arch

Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report either:

a. A retained amphibole fiber count equivalent to at least 1 million amphibole fibers greater

than 5 microns in length per gram of dry lung tissue (values reported as fibers greater than

5 microns in length per gram wet lung may be multiplied by a factor of 10 to convert to

dry lung measurement); or

b. A retained amphibole fiber count within the reference range values of the testing

laboratory for bona fide cases of asbestosis.

Asbestosis ($250 payment)

1. Diagnosis of bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos

fibers, by board-certified pulmonologist, internist, or occupational medicine physician, based on

either:

a. A quality 1 or 2 chest x-ray that has been read by a certified B-reader according to the

ILO system of classification as showing: bilateral small irregular opacities (s, t, or u) with

a profusion grading of 1/0 or higher; or

b. Pathological asbestosis graded 1(B) or higher under the criteria published in “Asbestos-

Associated Diseases,” 106 Archives of Pathology and Laboratory Medicine 11, Appendix

3 (October 8, 1982).

2. In addition to (1), asbestos-related pulmonary impairment, as demonstrated by pulmonary

function testing showing either:

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a. Forced vital capacity below the lower limit of normal or below 80 percent of predicted

and FEV1/FVC ratio (using actual values) at or above the lower limit of normal or at or

above 65 percent; or

b. Total lung capacity, by plethysmography or timed gas dilution, below the lower limit of

normal or below 80 percent of predicted.

3. If the pulmonary impairment standards are not met, verification that the Injured Party has a

quality 1 or 2 chest x-ray that has been read by a certified B-reader according to the ILO system

of classification as showing bilateral small irregular opacities (s, t, or u) with a profusion grading

of 2/1 or higher.

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APPENDIX II: COMPREHENSIVE REVIEW

Section II

Introduction

This Appendix describes how the Settlement Facility will calculate Matrix Amounts for

Unresolved Asbestos Claimants electing Comprehensive Review. Unresolved Asbestos Claimants

alleging pleural mesothelioma, peritoneal mesothelioma, asbestos-related lung cancer, and

asbestos-related laryngeal cancer may elect Comprehensive Review. Nothing herein alters or

amends the requirements for Comprehensive Review that are contained in the CRP.

Under Comprehensive Review, qualifying Unresolved Asbestos Claimants will receive a

Settlement Offer based on the alleged IP’s demographic and medical characteristics, the IP’s

complete job and exposure history, and information regarding the Claimant’s claim(s) in the tort

system.

In Comprehensive Review, the maximum allowed Settlement Offer (the “Maximum

Settlement”) is $2,500,000. The Settlement Facility will use information provided by the Claimant

to calculate three indices that, together, determine the percentage of the Maximum Settlement that

the Settlement Facility will offer the Asbestos Claimant. The indices are the IP Factors Index, the

Kaiser Gypsum Contact Index, and the Non-Kaiser Gypsum Exposure Index. These indices are

defined below.

Although some Unresolved Asbestos Claimants (who have a small number of alternative

sources of exposure) will receive higher Matrix Amounts by electing Comprehensive Review, it

is anticipated that most Unresolved Asbestos Claimants will receive higher Settlement Offers by

electing Basic Review. To assist Unresolved Asbestos Claimants in making this election, the

Settlement Facility will establish a website containing a calculator tool that Unresolved Asbestos

Claimants can use to determine an estimate of the amount such Asbestos Claimant would receive

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(assuming the information is verified) if the Asbestos Claimant qualified for an offer under each

of the Basic Review and Comprehensive Review processes.

To qualify for a Settlement Offer, the Asbestos Claimant must demonstrate that the IP had

at least six months of Kaiser Gypsum Product Contact, as defined in the CRP, and must meet the

medical criteria described herein.

II.A Alleged Injured Party Factors Index

The Settlement Facility shall calculate an IP Factors Index by first calculating the Medical

Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss Factor,

and Jurisdiction Factor according to the rules set forth below.

II.A.1 Medical Information Factor

The Settlement Facility will assign a Medical Information Factor based on the

following medical criteria (Unresolved Asbestos Claimants who meet none of these criteria receive

a Medical Information Factor of 0 in Comprehensive Review):

Pleural Mesothelioma (Medical Information Factor = 1.0)

1. Diagnosis of diffuse malignant mesothelioma originating in the pleura by a board-certified

pathologist.

2. Either:

a. An affirmation that the Injured Party is being treated for diffuse malignant mesothelioma

originating in the pleura as of the date the Asbestos Claim is submitted; or

b. A death certificate indicating the cause of death is diffuse malignant mesothelioma

originating in the pleura.

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Peritoneal Mesothelioma (Medical Information Factor = 0.34)

1. Diagnosis of diffuse malignant mesothelioma originating in the peritoneum by a board-certified

pathologist.

2. Either:

a. An affirmation that the Injured Party is being treated for diffuse malignant mesothelioma

originating in the peritoneum as of the date the Asbestos Claim is submitted; or

b. A death certificate indicating the cause of death is diffuse malignant mesothelioma

originating in the peritoneum.

Asbestos-Related Lung Cancer (Medical Information Factor = 0.1)

1. Diagnosis of primary lung cancer by board-certified pathologist, internist, pulmonologist,

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer and either affirming

that the laryngeal cancer is likely not survivable or enclosing a death certificate indicating cause

of death is laryngeal cancer.

2. Credible evidence that the Injured Party never smoked or used tobacco products.

3. Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.

4. A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified internist

and must be supported by either pathology or radiology:

a. If by pathology, a board-certified pathologist must diagnose asbestosis pursuant to the

histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of the

Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010;

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b. If by radiology, the Asbestos Claimant must provide a roentgenographic interpretation

report of a NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2

chest x-ray that has been read by a certified B-reader according to the ILO system of

classification as showing bilateral small irregular opacities (s, t, or u) with a profusion

grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0 or greater

(Section 2B of the current NIOSH form).

5. An elevated amphibole lung tissue fiber burden may be documented by the report of a board-

certified pathologist of a retained amphibole asbestos fiber burden determined by a laboratory

employing procedures and the method of determining reference range values described in Roggli,

et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the Asbestosis

Committee of the College of American Pathologists and Pulmonary Pathology Society, Arch

Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report either:

a. A retained amphibole fiber count equivalent to at least 1 million amphibole fibers greater

than 5 microns in length per gram of dry lung tissue (values reported as fibers greater than

5 microns in length per gram wet lung may be multiplied by a factor of 10 to convert to

dry lung measurement); or

b. A retained amphibole fiber count within the reference range values of the testing

laboratory for bona fide cases of asbestosis.

Asbestos-Related Laryngeal Cancer (Medical Information Factor = 0.1)

1. Diagnosis of laryngeal cancer by board-certified pathologist, internist, pulmonologist, medical

oncologist, surgical oncologist, or occupational medicine physician, affirming that asbestos

exposure was a substantial cause of the Injured Party’s lung cancer, and either affirming that the

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laryngeal cancer is likely not survivable or enclosing a death certificate indicating cause of death

is laryngeal cancer.

2. Credible evidence that the Injured Party never smoked or used tobacco products.

3. Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.

4. A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified internist

and must be supported by either pathology or radiology:

a. If by pathology, a board-certified pathologist must diagnose asbestosis pursuant to the

histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of the

Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010;

b. If by radiology, the Claimant must provide a roentgenographic interpretation report of a

NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2 chest x-ray

that has been read by a certified B-reader according to the ILO system of classification as

showing bilateral small irregular opacities (s, t, or u) with a profusion grading of 1/0 or

higher finding bilateral interstitial infiltrative profusion of 1/0 or greater (Section 2B of the

current NIOSH form).

5. An elevated amphibole lung tissue fiber burden may be documented by the report of a board-

certified pathologist of a retained amphibole asbestos fiber burden determined by a laboratory

employing procedures and the method of determining reference range values described in Roggli,

et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the Asbestosis

Committee of the College of American Pathologists and Pulmonary Pathology Society, Arch

Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report either:

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a. A retained amphibole fiber count equivalent to at least 1 million amphibole fibers greater

than 5 microns in length per gram of dry lung tissue (values reported as fibers greater than

5 microns in length per gram wet lung may be multiplied by a factor of 10 to convert to

dry lung measurement); or

b. A retained amphibole fiber count within the reference range values of the testing

laboratory for bona fide cases of asbestosis.

II.A.2 Age Factor

Claimants with younger IPs receive higher Settlement Offers than Claimants with

older IPs. The Settlement Facility will determine the Age Factor based on the earlier of the IP’s

diagnosis date and death date (the “IP Age”). The Settlement Facility will assign an Age Factor

of 1 for an IP Age of 75. The Settlement Facility will decrease the Age Factor by 0.015 for every

IP Age year above 75, but will not decrease the Age Factor below 0.7. The Settlement Facility

will increase the Age Factor by 0.015 for every IP Age year below 75, but will not increase the

Age Factor above 1.4.

II.A.3 Life Status Factor

If the IP is alive at the time the Claim Form is filed with the Settlement Facility, the

Settlement Facility will assign a Life Status Factor of 1.3. If the IP is deceased at the time the

Claim Form is filed with the Settlement Facility, the Settlement Facility will assign a Life Status

Factor of 1.

II.A.4 Dependents Factor

If the IP does not have a spouse or other dependents (minor children, adult disabled

dependent children, or dependent minor grandchildren) as of the date the Claim Form is filed with

the Settlement Facility, the Settlement Facility will assign a Dependents Factor of 0.8. If the IP

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has a spouse but no other dependents as of the date the Claim Form is filed with the Settlement

Facility, the Settlement Facility will assign a Dependents Factor of 1. Finally, if the IP has

dependents (minor children, adult disabled dependent children, or dependent minor grandchildren)

living with the IP at the time the Claim Form is filed with the Settlement Facility, the Settlement

Facility will assign a Dependents Factor of 1.5.

II.A.5 Economic Loss Factor

Claimants may elect (but are not required) to document economic losses related to

the IP’s loss of earnings, pension, social security, home services, medical expenses, and funerary

expenses. If the Claimant does not document economic loss or for which the economic loss

amount is $200,000 or less, the Settlement Facility will assign an Economic Loss Factor of 1.0. If

the documented economic loss amount is greater than $200,000, the Settlement Facility will adjust

the Economic Loss Factor upward by 0.001 for every thousand dollars of economic loss over

$200,000, up to a maximum Economic Loss Factor of 2. All claimed economic loss over $200,000

must be supported by adequate documentation.

II.A.6 Jurisdiction Factor

If the Claimant has filed a lawsuit in the tort system based on the injury that is the

subject of the Unresolved Asbestos Claim, the Settlement Facility will assign a Jurisdiction Factor

based on the state where the lawsuit was filed, assigning a Jurisdiction Factor of 1 for states in

Region 1; a Jurisdiction Factor of [TBD] for states in Region 2; and a Jurisdiction Factor of [TBD]

for states in Region 3. If the Claimant has not filed a lawsuit in the tort system based on the injury

that is the subject of the Unresolved Asbestos Claim, the Settlement Facility will assign a

Jurisdiction Factor based on the IP’s residence or location of Kaiser Gypsum Product Contact,

whichever yields the higher Jurisdiction Factor.

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Region Jurisdiction

Factor States

Region 1 1.0 CA, FL, MD, NJ, NY, PA Region 2 0.66 AZ, CO, DC, HI, LA, NM, NV, UT Region 3 0.33 Others

II.A.7 Calculation of IP Factors Index

To calculate the IP Factors Index, the Settlement Facility will multiply the Medical

Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss Factor,

and Jurisdiction Factor, and divide by 5.46, which is the maximum possible value of the product

of those factors.3 The range of the IP Factors Index is 0% to 100%.

II.B Kaiser Gypsum Contact Index

To receive a Settlement Offer under Comprehensive Review, the Claimant must have

Kaiser Gypsum Product Contact as defined in the CRP. Further, the Settlement Facility will

calculate the Kaiser Gypsum Contact Index based on the IP’s contact with asbestos-containing

Kaiser Gypsum Products. It has two components: contact group and length, and contact source.

This procedure calculates a factor for each of these two components, which multiplied together

form the Kaiser Gypsum Contact Index. The two components of this index are defined below.

II.B.1 Contact Group and Length

The Settlement Facility will classify each IP into one of five Contact Groups, based

on the IP’s exposure history. The Contact Groups have been defined based on the potential

frequency and intensity of the IP’s contact with Kaiser Gypsum’s asbestos-containing joint

compound products and the asbestos-containing products of other manufacturers, as follows:

Group 1:

3 5.46 = 1.0 (Medical Information Factor) x 1.3 (Life Status Factor) x 1.5 (Dependents Factor) x 1.4 (Age Factor)

x 2.0 (Economic Loss Factor) x 1.0 (Jurisdiction Factor).

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o Individuals with frequent and significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to few alternative sources of asbestos all of which occur at significantly lower frequency and intensity than the Kaiser Gypsum Product Contact

o No exposures to asbestos in commercial or industrial settings

Group 2:

o Individuals with frequent and significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to few alternative sources of asbestos all of which occur at significantly lower frequency and intensity than the Kaiser Gypsum Product Contact

o No other significant exposures to asbestos in commercial or industrial settings

Group 3:

o Individuals with significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to some alternative sources of asbestos, including exposure to sanding, mixing, or removal of other manufacturers’ joint compound

o No other significant exposures to asbestos other than joint compound in commercial or industrial settings and no exposure to non-chrysotile asbestos

Group 4:

o Individuals with significant exposure to sanding, mixing, or removal of Kaiser joint compound

o Exposure to some alternative sources of asbestos, including exposure to sanding, mixing, or removal of other manufacturers’ joint compound

o No significant exposures to non-chrysotile asbestos

Group 5:

o Individuals with exposure to sanding, mixing, or removal of Kaiser Gypsum joint compound

o Exposure to several sources of asbestos

o May have significant exposures to non-chrysotile asbestos

The IP is assigned a Contact Group Factor, according to the following table.

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Contact Group Contact Group Factor

Group 1 1 Group 2 0.5 Group 3 0.3 Group 4 0.1 Group 5 0.005

II.B.2 Contact Source

The Settlement Facility will assign a Contact Source Factor of 1.0 if the IP had

Direct Kaiser Gypsum Product Contact, a Contact Source Factor of 0.1 if the IP had Bystander

Kaiser Gypsum Product Contact but no significant Direct Kaiser Gypsum Product Contact, and a

Contact Source Factor of 0.05 if the IP had Secondary Kaiser Gypsum Product Contact but no

significant Direct or Bystander Kaiser Gypsum Product Contact.

II.B.3 Kaiser Gypsum Contact Index Calculation

The Settlement Facility will calculate the Kaiser Gypsum Contact Index by

multiplying the Kaiser Gypsum Product Contact years (up to ten years) by the Contact Group

Factor and by the Contact Source Factor and divide that by 10 (the highest possible product of

those factors). The Kaiser Gypsum Contact Index may range from 0% to 100%.

II.C Codefendant and Other Parties’ Contribution Index

The Settlement Facility will calculate the Codefendant and Other Parties’

Contribution Index based on the number of companies that contributed to the IP’s exposure to

asbestos-containing products. Based on information provided by the Claimant in compliance with

the CRP, the Settlement Facility will calculate the total number of such parties as (a) the number

of companies whose products are identified as a source of the IP’s asbestos exposure in tort

discovery (including in interrogatory answers and depositions); (b) if not already included in (a),

the number of Other Trusts where the Claimant has filed or expresses an intention to file a claim;

and (c) if not already included in (a) or (b), the asbestos defendants in whose bankruptcy

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proceedings the Claimant cast a ballot, unless the Claimant verifies that he will not file a claim

against such defendant’s trust. The Settlement Facility will calculate the Codefendant and Other

Parties’ Contribution Index as the inverse of the number of contributing parties. The Codefendant

and Other Parties’ Contribution Index ranges between 0% and 100%, with Claims where no other

parties contributed to the IP’s asbestos exposure receiving a Codefendant and Other Parties’

Contribution Index of 100%.

II.D Settlement Offer Determination

To calculate the Settlement Offer under Comprehensive Review, the Settlement Facility

will multiply the Maximum Settlement in Comprehensive Review ($2,500,000) by the product of

the IP Factors Index, the Kaiser Gypsum Contact Index, and the Codefendant and Other Parties’

Contribution Index.

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III-1

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IV-1

APPENDIX IV: AUTHORIZATION FOR RELEASE OF RECORDS OF BANKRUPTCY TRUSTS AND CLAIMS RESOLUTION FACILITIES AND CONSENT TO PUBLIC

DISCLOSURE OF INFORMATION AND AUDIT PROCEDURES

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AUTHORIZATION FOR RELEASE OF RECORDS OF BANKRUPTCY TRUSTS AND CLAIMS RESOLUTION FACILITIES AND CONSENT TO PUBLIC

DISCLOSURE OF INFORMATION AND AUDIT PROCEDURES

TO WHOM IT MAY CONCERN:

The Claimant named below hereby authorizes each trust and claim resolution facility

(collectively, the “Other Trusts”) listed in the attachment hereto to provide directly to the Kaiser

Gypsum Settlement Facility (“Settlement Facility”), or any of its representatives, all submissions

made by Claimant and (if different from the Claimant) the party whose injury forms the basis of

the claim (the “Injured Party”) to the Other Trust, including claim forms, any attachments to

claim forms, and any amended or supplemental claim forms. Claimant expressly acknowledges

that each Other Trust may provide such documents directly to the Settlement Facility and need

not obtain any further authorization from the Claimant or his/her representatives.

Except to the extent otherwise prohibited under applicable state or federal privacy laws,

the Claimant authorizes public disclosure by the Settlement Facility of the following

information:

Name of Claimant; All law firms that Claimant is or has been a client of; Claimant’s Contact Group; Claimant’s disease category or categories; Claimant’s years of exposure to the Debtors’ products.

The Claimant authorizes the Settlement Facility to disclose the Claimant’s Social

Security Number to the United States government.

The Claimant consents to the audit procedures developed by the Trustee pursuant to

Section 4.8 of the Claims Resolution Procedures, a copy of which is attached hereto as Exhibit

A, and agrees to disclose any information requested pursuant to such audit procedures upon

request from the Trustee.

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3

A copy of this Authorization shall be as valid as the original. This Authorization contains

no expiration date and may be exercised by the Settlement Facility at any time. If Claimant’s

representative has signed this Authorization, a notarized power of attorney is attached.

Name of Claimant:

Social Security No.:

Date of Birth:

Name of Injured Party (if different from Claimant): ____________________________

Social Security No.: _________________________________

Date of Birth: _____________________________________

Name of representative for Claimant or Injured Party: _____________________________

Signing party: _________________________________________

Signature:

Date:

Notarized:

Attachment: List of Trusts and Claim Resolution Facilities

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4

List of Trusts and Claim Resolution Facilities

A&I Corp. Asbestos Bodily

Injury Trust

Forty-Eight Insulations

Qualified Settlement Trust

Raytech Corp. Asbestos

Personal Injury Settlement

Trust

A-Best Asbestos Settlement

Trust

Fuller-Austin Asbestos

Settlement Trust

Rock Wool Mfg Company

Asbestos Trust

AC&S Asbestos Settlement

Trust

G-I Asbestos Settlement

Trust

Rutland Fire Clay Company

Asbestos Trust

Amatex Asbestos Disease

Trust Fund

H.K. Porter Asbestos Trust Shook & Fletcher Asbestos

Settlement Trust

APG Asbestos Trust Hercules Chemical Company,

Inc. Asbestos Trust

Skinner Engine Co. Asbestos

Trust

API, Inc. Asbestos Settlement

Trust

J.T. Thorpe Settlement Trust Stone and Webster Asbestos

Trust

Armstrong World Industries

Asbestos Personal Injury

Settlement Trust

JT Thorpe Company

Successor Trust

Swan Asbestos and Silica

Settlement Trust

ARTRA 524(g) Asbestos

Trust

Kaiser Gypsum Asbestos

Personal Injury Trust

T H Agriculture & Nutrition,

LLC Industries Asbestos

Personal Injury Trust

ASARCO LLC Asbestos

Personal Injury Settlement

Trust

Keene Creditors Trust Thorpe Insulation Company

Asbestos Personal Injury

Settlement Trust

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5

Babcock & Wilcox Company

Asbestos Personal Injury

Settlement Trust

Lummus 524(g) Asbestos PI

Trust

United States Gypsum

Asbestos Personal Injury

Settlement Trust

Bartells Asbestos Settlement

Trust

Lykes Tort Claims Trust United States Lines, Inc. and

United States Lines (S.A.)

Inc. Reorganization Trust

Brauer 524(g) Asbestos Trust M.H. Detrick Company

Asbestos Trust

United States Mineral

Products Company Asbestos

Personal Injury Settlement

Trust

Burns and Roe Asbestos

Personal Injury Settlement

Trust

Manville Personal Injury

Settlement Trust

UNR Asbestos-Disease

Claims Trust

C.E. Thurston & Sons

Asbestos Trust

Muralo Trust Utex Industries, Inc.

Successor Trust

Celotex Asbestos Settlement

Trust

NGC Bodily Injury Trust Wallace & Gale Company

Asbestos Settlement Trust

Combustion Engineering

524(g) Asbestos PI Trust

Owens Corning Fibreboard

Asbestos Personal Injury

Trust (OC Sub-Fund)

Western MacArthur-Western

Asbestos Trust

Congoleum Plan Trust Owens Corning Fibreboard

Asbestos Personal Injury

Trust (FB Sub-Fund)

W.R. Grace Trust

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6

DII Industries, LLC Asbestos

PI Trust

PLI Disbursement Trust Pittsburgh Corning Trust

Eagle-Picher Industries

Personal Injury Settlement

Trust

Plibrico Asbestos Trust GST Settlement Facility

Federal Mogul U.S. Asbestos

Personal Injury Trust

Porter Hayden Bodily Injury

Trust

Bondex Trust

Duro Dyne Corp. Trust

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KAISER/HPCI SETTLEMENT FACILITYCLAIMS RESOLUTION PROCEDURES

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TABLE OF CONTENTSPage

SECTION 1

INTRODUCTION

Interpretation 11.1

Definitions 11.2

“Affiliate” 11.2(a)“Allowed” 11.2(b)“Asbestos Claim” 21.2(c)“Asbestos Claimant” 21.2(d)

“Asbestos Contribution Rights” 21.2(e)

“Asbestos Insurance Action” 31.2(f)“Asbestos Insurance Agreement” 31.2(g)“Asbestos Insurance Entity” 31.2(h)

1.2(h) “Asbestos Insurance Policy” 341.2(i)1.2(i) “Assets” 41.2(j)

“Avoidance Action” 41.2(k)1.2(j) “Bankruptcy Administrator” 41.2(l)1.2(k) “Bankruptcy Code” 41.2(m)

1.2(l) “Bankruptcy Court” 41.2(n)1.2(m) “Bankruptcy Rules” 41.2(o)

1.2(n) “Bar Date” 451.2(p)1.2(o) “Basic Review” 51.2(q)1.2(p) “Basic Review CRP Amount” 51.2(r)

1.2(q) “Business Day” 51.2(s)1.2(r) “Bystander Kaiser Gypsum Product Contact” 51.2(t)

1.2(s) “Case Management Order” 5 or “CMO” 61.2(u)1.2(t) “Cash” 561.2(v)1.2(u) “Causes of Action” 61.2(w)1.2(v) “Chapter 11 Cases” 61.2(x)1.2(w) “Claim” 671.2(y)

1.2(x) “Claimant” 671.2(z)1.2(y) “Claimant Advisory Committee” 71.2(aa)1.2(z) “Claim Form” 71.2(bb)1.2(aa) “Claims Payment RatioCap” 71.2(cc)1.2(bb) “Comprehensive Review” 71.2(dd)

1.2(cc) “Comprehensive Review CRP Amount” 71.2(ee)1.2(dd) “Confirmation Date” 781.2(ff)1.2(ee) “Confirmation Order” 781.2(gg)1.2(ff) “Contribution Injunction” 81.2(hh)1.2(gg) “Court” 81.2(ii)

1.2(hh) “Creditor” 81.2(jj)

i

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Page

1.2(ii) “Current Asbestos Claim” 81.2(kk)1.2(jj) “Debtors” 891.2(ll)

1.2(kk) “Deductible” 891.2(mm)1.2(ll) “Demand”8

1.2(mm) “Direct Claim” 91.2(nn)1.2(nn) “Direct Claimant” 91.2(oo)1.2(oo) “Direct Kaiser Gypsum Product Contact” 91.2(pp)1.2(pp) “Disallowed” 91.2(qq)1.2(qq) “Discharge Injunction” 9101.2(rr)

1.2(rr) “Disclosure Statement” 9101.2(ss)1.2(ss) “Disputed” 101.2(tt)1.2(tt) “District Court” 101.2(uu)1.2(uu) “Effective Date” 101.2(vv)

1.2(vv) “Entity” 10111.2(ww)1.2(ww) “Environmental Claim” 10111.2(xx)

1.2(xx) “Environmental Insurance Policy” 10111.2(yy)1.2(yy) “Equity Interest” 10111.2(zz)

“Estate(s)” 111.2(aaa)

1.2(zz) “Excess CIP Agreement” 111.2(bbb)1.2(aaa) “File” 11121.2(ccc)

1.2(bbb) “Final Order” 11121.2(ddd)1.2(ccc) “Future Asbestos Claim” 11121.2(eee)

1.2(ddd) “Future Claimants’ Representative” 121.2(fff)

1.2(eee) “GUC Trust Seed Funding Amount” 12131.2(ggg)1.2(fff) “Hardship Claim” 12131.2(hhh)

1.2(ggg) “Holder” 12131.2(iii)1.2(hhh) “HPCI” 12131.2(jjj)

1.2(iii) “Indirect Claim” 12131.2(kkk)

1.2(jjj) “Indirect Claimant” 12131.2(lll)1.2(kkk) “Injured Party” 12131.2(mmm)

1.2(lll) “Insurance Entity” 12131.2(nnn)1.2(mmm) “Insurance Policy” 13141.2(ooo)1.2(nnn) “Kaiser” 13141.2(ppp)1.2(ooo) “Kaiser Gypsum Product(s)” 13141.2(qqq)

1.2(ppp) “Kaiser Gypsum Product Contact” 13141.2(rrr)

1.2(qqq) “Lehigh Hanson” 13141.2(sss)1.2(rrr) “Lehigh Hanson Contribution” 13141.2(ttt)

1.2(sss) “Lien” 13Liens”141.2(uuu)1.2(ttt) “Litigation Expenses” 13141.2(vvv)1.2(uuu) “Litigation Option” 14151.2(www)

1.2(vvv) “Litigation Option Claim” 14151.2(xxx)1.2(www) “Litigation Option Claimant” 14151.2(yyy)

1.2(xxx) “Matrix Amount” 14151.2(zzz)

ii

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1.2(yyy) “Non-Released Party” 14151.2(aaaa)1.2(zzz) “Non-Truck Asbestos Insurance Policy” 14151.2(bbbb)1.2(aaaa) “Non-Truck Asbestos Insurer” 14151.2(cccc)1.2(bbbb) “Non-Truck Asbestos Insurer Contribution” 15161.2(dddd)

1.2(cccc) “Notice of Settled Asbestos Claim” 15161.2(eeee)1.2(dddd) “Other Claims” 15161.2(ffff)1.2(eeee) “Other Trusts” 15161.2(gggg)1.2(ffff) “Participating Non-Truck Asbestos Insurers” 15161.2(hhhh)

1.2(gggg) “Person” 15161.2(iiii)

1.2(hhhh) “Petition Date” 15161.2(jjjj)1.2(iiii) “Plan” 16171.2(kkkk)

1.2(jjjj) “Plan Documents” 16171.2(llll)1.2(kkkk) “Plan Proponent” 16171.2(mmmm)

1.2(llll) “Plan Supplement” 16171.2(nnnn)1.2(mmmm) “PrePost-Confirmation Judgment Asbestos Claim” 16171.2(oooo)

1.2(nnnn) “PrePost-Confirmation Judgment Asbestos Claimant” 16181.2(pppp)“Pre-Confirmation Judgment Asbestos Claim” 181.2(qqqq)“Pre-Confirmation Judgment Asbestos Claimant” 181.2(rrrr)

1.2(oooo) “Related” 16181.2(ssss)1.2(pppp) “Released Claims” 17181.2(tttt)

1.2(qqqq) “Released Party” 18191.2(uuuu)1.2(rrrr) “Reorganized Debtors” 18201.2(vvvv)

1.2(ssss) “Representatives” 19201.2(wwww)

1.2(tttt) “Schedules” 19201.2(xxxx)1.2(uuuu) “Second Disease Claim” 19211.2(yyyy)

1.2(vvvv) “Secondary Kaiser Gypsum Product Contact” 19211.2(zzzz)1.2(wwww) “Settled Asbestos Claim” 19211.2(aaaaa)1.2(xxxx) “Settled Asbestos Claimant” 20211.2(bbbbb)

1.2(yyyy) “Settlement Facility” 20211.2(ccccc)1.2(zzzz) “Settlement Facility Agreement” 20211.2(ddddd)

1.2(aaaaa) “Settlement Facility Contributions” 20211.2(eeeee)1.2(bbbbb) “Settlement Facility Limit” 20211.2(fffff)1.2(ccccc) “Settlement Offer” 21221.2(ggggg)1.2(ddddd) “Settlement Offer Recipient” 21221.2(hhhhh)

1.2(eeeee) “Settlement Release” 21221.2(iiiii)

1.2(fffff) “Settlement Review” 22231.2(jjjjj)1.2(ggggg) “Truck” 22231.2(kkkkk)

1.2(hhhhh) “Truck Asbestos Insurance Policy” 22231.2(lllll)1.2(iiiii) “Truck Policy Limit” 22231.2(mmmmm)

1.2(jjjjj) “Trustee” 22241.2(nnnnn)

1.2(kkkkk) “Uninsured Asbestos Claim” 22241.2(ooooo)1.2(lllll) “Unresolved Asbestos Claim” 23241.2(ppppp)1.2(mmmmm) “Unresolved Asbestos Claimant” 23241.2(qqqqq)

iii

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Page

SECTION 2

SETTLEMENT REVIEW AND LITIGATION OPTION MECHANICS

Submission of Unresolved Asbestos Claim 23242.1

Submission of Settled Asbestos Claims 24252.2

Submission of Litigation Option Claim 24252.3

Submission of Post-Confirmation Asbestos Claims 262.4

2.4 Internet Calculator 25272.5

SECTION 3

OVERVIEW OF SETTLEMENT REVIEW

CRP Goals 25273.1

Matrix Amounts 26283.2

Claims Liquidation Procedures 27293.3

Trustee’s Determination of Maximum Annual Payment 27293.4

Adjustment of Matrix Amounts to Ensure Equal Treatment 28303.5

Trust Claims Payment Ratio 29Cap3.6

31

Indirect Claims 30323.7

CAC and FCR 30323.8

SECTION 4

RESOLUTION OF CLAIMS

Ordering, Processing, and Payment of Claims 31334.1

Establishment of the FIFO Processing Queue 31334.1(a)Effect of Statutes of Limitations and Repose. 31334.1(b)Processing of Asbestos Claims 32344.1(c)

Payment of Asbestos Claims. 35374.1(d)Deceased or Incompetent Claimant 37394.1(e)Same Day Liquidation 37404.1(f)Hardship Claims 37404.1(g)

iv

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Resolution of Unliquidated Unresolved Asbestos Claims 38404.2

Settlement Review Process 38404.3

Unresolved Asbestos Claimant’s Choice of Basic or Comprehensive4.3(a)Review 3841

Basic Review and Comprehensive Review Distinguished 38414.3(b)Changing a Basic Review or Comprehensive Review Selection 39414.3(c)Payment of Claims Accepting Settlement Offers 39424.3(d)Submission Requirements for Unresolved Asbestos Claims 39424.3(e)

Threshold Eligibility Criteria for All Unresolved Asbestos Claimants 40434.4

Medical and Contact Requirements Under Basic Review and Comprehensive Review4.5

4043

Documentation of Disease 41434.5(a)Second Disease (Malignancy) Claims 43454.5(b)

Kaiser Gypsum Product Contact Requirement. 43454.5(c)

Additional Documentation and Information for Comprehensive Review 45484.6

Information on Other Claims 45484.6(a)Information Provided About Other Claims 46484.6(b)Form of Comprehensive Review Claim Form 46494.6(c)

Authorization for Release of Information 47494.6(d)Attorney’s Certification 47504.6(e)

Releases 48514.7

Audit Program 49524.8

Inconsistent Information 49524.8(a)

Fraud 50524.8(b)

SECTION 5

REVIEW OF SETTLEMENT FACILITY SETTLEMENT OFFERS

Supplementation of Claim Form 50535.1

Election of Litigation Option 50535.2

SECTION 6

INDIRECT CLAIMS

Indirect Claims 51546.1

v

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Presumptively Valid Indirect Asbestos Claims 51546.2

Not Disallowed 51546.2(a)Payment of and Release by Indirect Claimant 51546.2(b)Establishing Indirect Claim 51546.2(c)

Otherwise Valid Indirect Claims 52556.3

Processing and Payment of Indirect Claims 52556.4

SECTION 7

CLAIM FORMS

Claim Forms 53567.1

Filing of Claims 53567.2

Modification of Claim Forms 53567.3

Reliability of Claim Information 53567.4

Copies of Medical Records 54577.4(a)

Other Materials 54577.4(b)Disregarding Unreliable Evidence 54577.4(c)

Requests for Information by Co-Defendants; Confidentiality of Settlement Materials 55587.5

SECTION 8

MISCELLANEOUS

Medicare 55 Reporting Obligations 588.1

Other Provisions Related to Reimbursement Under the MSPS 608.2

8.2 No Attorney Necessary 56608.3

8.3 Amendments 56618.4

8.4 Severability 56618.5

8.5 Governing Law 56618.6

8.6 Relation to Other Plan Documents 56618.7

Appendix I—Basic ReviewAppendix II—Comprehensive ReviewAppendix III—Industry/Occupation Classification Into Contact Groups

vi

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TABLE OF CONTENTS(continued)

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Appendix IV—Authorization For Settlement Facility to Obtain Trust Records

vii

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SETTLEMENT FACILITY CLAIMS RESOLUTION PROCEDURESFOR KAISER GYPSUM AND HPCI

These Claims Resolution Procedures (“CRP”) outline the criteria that, as provided in the

Plan, Unresolved Asbestos Claimants must meet to receive a Settlement Offer from the

Settlement Facility without the expense or delay of litigation. Unresolved Asbestos Claimants

who file for Comprehensive Review or Basic Review, as provided below, and either do not

receive a Settlement Offer from the Settlement Facility by the applicable Processing Deadline (as

defined in Section 4.2) or reject the Settlement Offer received by the Settlement Facility may, as

provided in the Plan, resolve their Unresolved Asbestos Claim through the Litigation Option in

accordance with the Case Management Order (the “CMO”). The Trustee will administer these

CRP consistent with the terms of the Plan and Settlement Facility Agreement.

Section 1

Introduction

Interpretation. Nothing in these CRP shall be deemed to create a substantive1.1

right for any Unresolved Asbestos Claimant, beyond the right of an Unresolved Asbestos

Claimant to enforce the terms of the CRP as they relate to such Claimant.

Definitions. The following defined terms apply to these CRP. All capitalized1.2

terms used herein but not otherwise defined shall have the respective meanings given to such

terms in the Plan, and such definitions are incorporated herein by reference.

“Affiliate” means an affiliate as defined in section 101(2) of the1.2(a)

Bankruptcy Code.

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“Allowed” means (a) with reference to any Claim, (i) any Claim1.2(b)

against any Debtor that has been listed by such Debtor in the Schedules, as such

Schedules may be amended from time to time in accordance with Bankruptcy Rule

1009, as liquidated in amount and not disputed or contingent or unknown and for which

no contrary proof of Claim has been Filed; (ii) any Claim listed on the Schedules or

timely Filed proof of Claim, as to which no objection to allowance has been interposed

in accordance with the Plan by the Claims Objection Deadline or such other applicable

period of limitation fixed by the Bankruptcy Code, the Bankruptcy Rules, or the

Bankruptcy Court, or as to which any objection has been determined by a Final Order to

the extent such objection is determined in favor of the respective Holder of such Claim;

(iii) any Claim expressly allowed by a Final Order or under the Plan; and (b) with

respect to any Asbestos Claim, (i) any Asbestos Claim that is a Settled Asbestos Claim

or a Pre-Confirmation Judgment Asbestos Claim, (ii) any Unresolved Asbestos Claim

that is submitted for Basic Review or Comprehensive Review and receives a Settlement

Offer (as defined in the CRP) from the Settlement Facility as a result of the review

process, which Settlement Offer is accepted by the Settlement Offer Recipient (as

defined in the CRP); or (c) any Claim that is Allowedallowed by the Plan or by Final

Order of settlement ofor a Litigation Option Claim pursuant to the CMO.

“Asbestos Claim”2. has the meaning assigned to such term in1.2(c)

the Plan.

“Asbestos Claimant” means the Holder of an Asbestos Claim.1.2(d)

“Asbestos Contribution Rights” means any and all rights, titles,1.2(e)

privileges, interests, claims, demands or entitlements to any proceeds, contributions,

2

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payments, defense costs, indemnification, escrowed funds, initial or supplemental

dividends, scheme payments, supplemental scheme payments, Causes of Action, and

choses in action of any Debtor or other Person with respect to any Asbestos Claim,

including any rights against Non-Released Parties, rights under a Non-Truck Asbestos

Insurance Policy, any rights under any Asbestos Insurance Agreement, and any rights in

any Asbestos Insurance Action.

“Asbestos Insurance Action” means any claim, Cause of Action, or1.2(f)

right of any Debtor, under the laws of any jurisdiction, against any Asbestos Insurance

Entity, arising from or based on: (i) any such Asbestos Insurance Entity’s failure to

provide coverage for, or failure to pay or agree to pay, any claim under any Asbestos

Insurance Policy or any related settlement or agreement; (ii) the refusal of any such

Asbestos Insurance Entity to compromise or settle any claim under or pursuant to any

Asbestos Insurance Policy or any related settlement or agreement; (iii) the interpretation

or enforcement of the terms of any Asbestos Insurance Policy or any related settlement

or agreement; or (iv) any conduct of any Asbestos Insurance Entity constituting “bad

faith,” violations of state insurance codes, unfair claims practices, or other wrongful

conduct under applicable law with respect to any Asbestos Insurance Policy or any

related settlement or agreement.

“Asbestos Insurance Agreement” means any settlement agreement or1.2(g)

coverage-in-place agreement between an Asbestos Insurance Entity and any of the

Debtors or their Affiliates relating to an Asbestos Insurance Policy.

“Asbestos Insurance Entity” means any Insurance Entity that has1.2(h)

issued, or that has or had actual or potential liability, duties or obligations under or with

3

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respect to, any Asbestos Insurance Policy or any agreements or settlements relating to

any Asbestos Insurance Policy.

1.2(h) “Asbestos Insurance Policy” means any Insurance Policy under1.2(i)

which any Debtor or Affiliate of the Debtors has or had indemnity, defense, or other

insurance coverage, whether known or unknown, that actually or potentially provides

insurance coverage for any Asbestos Claim, including but not limited to the policies

listed in the Plan Supplement.

1.2(i) “Assets” means any and all right, title, and interest in and to1.2(j)

property of whatever type or nature.

1.2(j) “Avoidance Action”means any and all of the Debtors’ Causes of1.2(k)

Action for avoidance or equitable subordination or recovery under chapter 5 of the

Bankruptcy Code or similar state law and all proceeds thereof.

“Bankruptcy Administrator” means the office of the United States1.2(l)

Bankruptcy Administrator for the Western District of North Carolina.

1.2(k) “Bankruptcy Code” means title 11 of the United States Code,1.2(m)

sections 101–1532, as now in effect or as hereafter amended.

1.2(l) “Bankruptcy Court” means the United States Bankruptcy Court1.2(n)

for the Western District of North Carolina, or, if such court ceases to exercise

jurisdiction, the court or adjunct thereof that exercises jurisdiction over the Chapter 11

Cases.

1.2(m) “Bankruptcy Rules” means the Federal Rules of Bankruptcy1.2(o)

Procedure, as amended and promulgated under section 2075 of Title 28 of the United

4

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States Code, together with (a) the Rules of Practice and Procedures of the United States

Bankruptcy Court for the Western District of North Carolina as now in effect or as the

same may from time to time hereafter be amended and (b) the Amended Standing Order

of Reference from the United States District Court for the Western District of North

Carolina dated as of April 4,14, 2014.

1.2(n) “Bar Date” means the date by which a proof of Claim is1.2(p)

required to be Filed with respect to a Claim pursuant to the Order Establishing Bar

Dates for Filing Proofs of Claim Other Than Asbestos Personal Injury Claims and

Approving Related Relief [Docket No. 553].

1.2(o) “Basic Review” means the process for determining Settlement1.2(q)

Offers under the procedures set forth in Appendix I to these CRP.

1.2(p) “Basic Review CRP Amount” means, as to any Asbestos Claim,1.2(r)

(a) the Matrix Amount offered by the Settlement Facility with respect to such Asbestos

Claim under Basic Review or (b) the Matrix Amount that would have been offered by

the Settlement Facility with respect to such Asbestos Claim if it had been submitted for

Basic Review.

1.2(q) “Business Day” means any day that is not a Saturday, Sunday,1.2(s)

or “legal holiday” within the meaning of Bankruptcy Rule 9006(a).

1.2(r) “Bystander Kaiser Gypsum Product Contact” means the1.2(t)

Injured Party’s performance of job duties within ten (10) feet of a Person engaged in

one of the following activities: (a) mixing, stirring, blending, or handling of Kaiser

Gypsum joint compound; (b) smoothing, finishing, grinding, polishing, scraping, or

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brushing surfaces of dried mixtures containing Kaiser Gypsum joint compound; (c)

cutting, breaking, demolishing, displacing, or removal of structures known to contain

Kaiser Gypsum joint compound.

1.2(s) “Case Management Order” or “CMO” means the order to be1.2(u)

entered by the District Court pursuant to which Litigation Option Claims shall be

Allowed or Disallowed, which order shall be in substantially the form attached as an

exhibitAnnex 3 to the Notice of Filing Second Revised Plan Supplement Documents

[Docket No. ____].

1.2(t) “Cash” has the meaning assigned to such term in the Plan.1.2(v)

1.2(u) “Causes of Action” means any action, class action, claim, cause1.2(w)

of action, controversy, demand, right, action, Lien, indemnity, guaranty, suit, obligation,

liability, damage, judgment, account, defense, offset, power, privilege, license, and

franchise of any kind or character whatsoever, whether known or unknown, contingent

or non-contingent, matured or unmatured, suspected or unsuspected, liquidated or

unliquidated, disputed or undisputed, secured or unsecured, assertable directly or

derivatively, whether arising before, on, or after the Petition Date, in contract or in tort,

in law or in equity, or pursuant to any other theory of law. Causes of Action also

include: (a) any right of setoff, counterclaim, or recoupment and any claim for breaches

of duties imposed by law or in equity; (b) the right to object to Claims or Equity

Interests; (c) any claim or cause of action pursuant to section 362 of the Bankruptcy

Code or chapter 5 of the Bankruptcy Code or similar state law; (d) any claim or defense,

including fraud, mistake, duress, and usury and any other defenses set forth in section

558 of the Bankruptcy Code; and (e) all Asbestos Contribution Rights.

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1.2(v) “Chapter 11 Cases” means (a) when used with reference to a1.2(x)

particular Debtor, the case pending for that Debtor under chapter 11 of the Bankruptcy

Code and (b) when used with reference to all Debtors, the procedurally consolidated

chapter 11 cases pending for the Debtors in the Bankruptcy Court under case number

16-31602 (JCW).

1.2(w) “Claim” means a claim, as defined in section 101(5) of the1.2(y)

Bankruptcy Code, against a Debtor or its Estate whether or not asserted or Allowed.

1.2(x) “Claimant” means a Holder of a Claim.1.2(z)

1.2(y) “Claimant Advisory Committee” or “CAC” means a1.2(aa)

three-member committee established pursuant to the Settlement Facility Agreement to

consult with and provide advice and information to the Trustee concerning Current

Asbestos Claims.

1.2(z) “Claim Form” means the submission of information and1.2(bb)

documents, in the form to be developed by the Trustee, by which a Holder of an

Unresolved Asbestos Claimant initiates processing of his or her Asbestos Claim or a

Post-Confirmation Asbestos Claimant initiates processing of his or her

Post-Confirmation Asbestos Claim.

1.2(aa) “Claims Payment RatioCap” means the payment ratio that the1.2(cc)

Trustee may establish pursuant to Section 3.6 to reduce claim payments based on

different disease categories.

1.2(bb) “Comprehensive Review” means the process for determining1.2(dd)

Settlement Offers under the procedures set forth in Appendix II to these CRP.

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1.2(cc) “Comprehensive Review CRP Amount” means, as to any1.2(ee)

Asbestos Claim, (a) the Matrix Amount offered by the Settlement Facility with respect

to such Asbestos Claim under Comprehensive Review or (b) the Matrix Amount that

would have been offered by the Settlement Facility with respect to such Asbestos Claim

if it had been submitted for Comprehensive Review.

1.2(dd) “Confirmation Date” means the date on which the clerk of the1.2(ff)

Bankruptcy Court enters the Confirmation Order on the docket.

1.2(ee) “Confirmation Order” means the order of the Bankruptcy1.2(gg)

Court confirming the Plan in accordance with section 1129 of the Bankruptcy Code, as

such order may be amended, modified, or supplemented.

1.2(ff) “Contribution Injunction” means the order(s) entered by the1.2(hh)

Court (including, as appropriate, any provision of the Confirmation Order) permanently

and forever staying, restraining, and enjoining any Person from taking any action

against any Released Party for the purpose of, directly or indirectly, collecting,

recovering, or receiving payment of, on, or with respect to any Released Claim, the

form of which Contribution Injunction shall be acceptable to the Debtors, the

Reorganized Debtors and Truck.

1.2(gg) “Court” means either the Bankruptcy Court or the District1.2(ii)

Court, as appropriate.

1.2(hh) “Creditor” means any Person that has a Claim against one or1.2(jj)

more of the Debtors.

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1.2(ii) “Current Asbestos Claim” means an Asbestos Claim that is not1.2(kk)

a Settled Asbestos Claim or a Pre-Confirmation Judgment Asbestos Claim, and for

which an alleged asbestos-related injury has manifested, become evident, or been

diagnosed as of the date the Confirmation Order is entered by the Court, including

without limitation, claims that are pending in courts other than the Bankruptcy Court as

of the Effective Date and that are not the subject of a settlement or Final Order.

1.2(jj) “Debtors” means, together, Kaiser and HPCI.1.2(ll)

1.2(kk) “Deductible” has the meaning assigned to such term in the1.2(mm)

Plan.

1.2(ll) “Demand” has the meaning assigned to such term in section 524(g)(5)

of the Bankruptcy Code.

1.2(mm) “Direct Claim” means an Unresolved Asbestos Claim1.2(nn)

asserted by a Person seeking a remedy for personal injury or wrongful death.

1.2(nn) “Direct Claimant” means the Holder of a Direct Claim.1.2(oo)

1.2(oo) “Direct Kaiser Gypsum Product Contact” means1.2(pp)

performance by the Injured Party himself of one of the following workplace or

residential do-it-yourself (DIY) activities that have the potential to release asbestos

fibers: (a) mixing, stirring, blending, or handling of Kaiser Gypsum joint compound; (b)

smoothing, finishing, grinding, polishing, scraping, or brushing surfaces of dried

mixtures containing Kaiser Gypsum joint compound; (c) cutting, breaking,

demolishing, displacing, or removal of structures known to contain Kaiser Gypsum

joint compound.

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1.2(pp) “Disallowed” means, with respect to a Claim, any Claim or1.2(qq)

portion thereof that (a) has been disallowed by a Final Order, (b) is identified in the

Schedules in the amount of zero dollars or as contingent, unliquidated, or Disputed and

as to which a proof of Claim was not Filed on or before the applicable Bar Date, (c) is

not identified in the Schedules and as to which no proof of Claim has been Filed or

deemed Filed on or before the applicable Bar Date, as applicable, (d) was not Filed in a

timely manner as provided by the Plan, the Confirmation Order, or other relevant order

of the Bankruptcy Court, or (e) is disallowed by agreement with the Creditor in

accordance with the Plan, the CRP or the CMO.

1.2(qq) “Discharge Injunction” means the injunction described in1.2(rr)

Section 7.1.1 of the Plan under section 524(a) of the Bankruptcy Code.

1.2(rr) “Disclosure Statement” has the meaning assigned to such term1.2(ss)

in the Plan.

1.2(ss) “Disputed” means any Claim or any portion thereof that is not1.2(tt)

an Allowed Claim or a Disallowed Claim. For the purposes of the Plan, all Unresolved

Asbestos Claims and Pre-Confirmation Judgment Asbestos Claims shall be considered

Disputed Claims until they are Allowed or Disallowed, and the Debtors’ right to object

to allowance of such Claims (including after the Confirmation Date) is expressly

preserved by this Plan. Furthermore, any other Claim shall be considered a Disputed

Claim (a) before the time that an objection has been or may be filed if: (i) the amount or

classification of the Claim specified in the relevant proof of Claim or request for

payment of the Claim exceeds the amount or is different from the classification of any

corresponding Claim scheduled by the relevant Debtor in its Schedules; (ii) any

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corresponding Claim scheduled by the relevant Debtor has been scheduled as disputed,

contingent or unliquidated; or (iii) no corresponding Claim has been scheduled by the

relevant Debtor in its Schedules; (b) if such Claim is the subject of an objection not yet

resolved by a Final Order; or (c) if an Avoidance Action asserted against the Holder of

such Claim has not been resolved by a Final Order.

1.2(tt) “District Court” means the United States District Court for the1.2(uu)

Western District of North Carolina.

1.2(uu) “Effective Date” means the first Business Day after the date on1.2(vv)

which all of the conditions precedent to the effectiveness of the Plan specified in

Section 6.9.26.11.2 of the Plan shall have been satisfied or waived or, if a stay of the

Confirmation Order is in effect on such date, the first Business Day after the expiration,

dissolution, or lifting of such stay.

1.2(vv) “Entity” has the meaning set forth in section 101(15) of the1.2(ww)

Bankruptcy Code.

1.2(ww) “Environmental Claim” has the meaning assigned to such1.2(xx)

term in the Plan.

1.2(xx) “Environmental Insurance Policy” means any Insurance1.2(yy)

Policy under which any Debtor or Affiliate of the Debtors has or had indemnity,

defense, or other insurance coverage, whether known or unknown, that actually or

potentially provides insurance coverage for any Environmental Claim, including but not

limited to the policies listed in the Plan Supplement.

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1.2(yy) “Equity Interest” means any ownership interest or share in any1.2(zz)

of the Debtor Entities (including all options, warrants, or other rights to obtain such an

interest or share in the Debtor Entities) whether or not transferable, preferred, common,

voting, or denominated as “stock” or a similar security.

“Estate(s)” means, individually, the estate created for each of the1.2(aaa)

Debtors and, collectively, the estates created for all the Debtors pursuant to section 541

of the Bankruptcy Code upon the commencement of the Chapter 11 Cases.

1.2(zz) “Excess CIP Agreement” means that certain Excess Coverage1.2(bbb)

in Place Settlement Agreement between the Debtors and certain Non-Truck Asbestos

Insurers, dated as of December 13, 2013.

1.2(aaa) “File”, “Filed” or “Filing” means file, filed or filing with the1.2(ccc)

Bankruptcy Court or its authorized designee in the Chapter 11 Cases.

1.2(bbb) “Final Order” means a judgment, order, ruling, or other1.2(ddd)

decree issued and entered by the Bankruptcy Court, or by any state, provincial, or other

federal court or other tribunal having jurisdiction over the subject matter thereof, which

judgment, order, ruling, or other decree has not been reversed, stayed, modified, or

amended and as to which: (a) the time to appeal or petition for review, rehearing, or

certiorari or move for reargument has expired or shall have been waived in writing in

form and substance satisfactory to the Plan Proponent or Settlement Facility, as

applicable, and as to which no appeal or petition for review, rehearing, or certiorari or

motion for reargument is pending; or (b) any appeal or petition for review, rehearing,

certiorari, or reargument has been finally decided and no further appeal or petition for

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review, rehearing, certiorari, or reargument can be taken or granted; provided, however,

that the possibility that a motion under Rule 59 or Rule 60 of the Federal Rules of Civil

Procedure, or any analogous rule under the Bankruptcy Rules or applicable state court

rules of civil procedure, may be Filed with respect to such order shall not cause such

order not to be a Final Order.

1.2(ccc) “Future Asbestos Claim” means an Asbestos Claim for which1.2(eee)

an alleged asbestos-related injury has not manifested, become evident, or been

diagnosed as of the date the Confirmation Order is entered by the Court; for the

avoidance of doubt, Future Asbestos Claims include Demands as such term is defined

in section 524(g)(5) of the Bankruptcy Codedo not include Post-Confirmation Asbestos

Claims.

1.2(ddd) “Future Claimants’ Representative” or “FCR” means1.2(fff)

Lawrence Fitzpatrick (or any court-appointed successor), appointed as the legal

Representative to represent the interests of, appear on behalf of, and be a fiduciary to

the Holders of Future Asbestos Claims, as set forth in the Order Appointing Lawrence

Fitzpatrick as Legal Representative for Future Claimants [Docket No. 99], or another

Person that may be identified in the Plan Supplement and appointed by the Court as the

legal Representative on the Effective Date.

1.2(eee) “GUC Trust Seed Funding Amount” has the meaning1.2(ggg)

assigned to such term in the Plan.

1.2(fff) “Hardship Claim” means an Asbestos Claim where such1.2(hhh)

Asbestos Claimant, in the Trustee’s sole discretion, satisfies the description in Section

4.1(g).

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1.2(ggg) “Holder” has the meaning assigned to such term in the Plan.1.2(iii)

1.2(hhh) “HPCI” means Hanson Permanente Cement, Inc.1.2(jjj)

1.2(iii) “Indirect Claim” means an Unresolved Asbestos Claim that is1.2(kkk)

asserted as a third-party indemnification or contribution claim by a Person that has paid

in full the Holder of a Direct Claim to which the Settlement Facility would otherwise

have had an obligation.

1.2(jjj) “Indirect Claimant” means the Holder of an Indirect Claim.1.2(lll)

1.2(kkk) “Injured Party” or “IP” means the individual whose alleged1.2(mmm)

injury is the subject of the Claim.

1.2(lll) “Insurance Entity” means any Entity, including any insurance1.2(nnn)

company, broker, or guaranty association, that has issued, or that has or had actual or

potential liability, duties or obligations under or with respect to any Insurance Policy or

any agreements or settlements relating to any Insurance Policy.

1.2(mmm) “Insurance Policy” means any insurance policy under1.2(ooo)

which any Debtor or Affiliate of the Debtors has or had indemnity, defense, or other

insurance coverage, whether known or unknown, that actually or potentially provides

insurance coverage for any Claim, including but not limited Asbestos Insurance

Policies, Environmental Insurance Policies, and any other policies listed in the Plan

Supplement.

1.2(nnn) “Kaiser” or “Kaiser Gypsum” means Kaiser Gypsum1.2(ppp)

Company, Inc.

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1.2(ooo) “Kaiser Gypsum Product(s)” means asbestos-containing1.2(qqq)

products supplied or manufactured by Kaiser Gypsum or HPCI and that form the basis

for the Asbestos Claim.

1.2(ppp) “Kaiser Gypsum Product Contact” means the alleged manner1.2(rrr)

in which an Injured Party made contact with asbestos fibers from Kaiser Gypsum

Products.

1.2(qqq) “Lehigh Hanson” means Lehigh Hanson, Inc.1.2(sss)

1.2(rrr) “Lehigh Hanson Contribution” means a $49 million Cash1.2(ttt)

payment by Lehigh Hanson to the Settlement Facility on the Effective Date.

1.2(sss) “Lien”“Liens” means a lien as defined in section 101(37) of1.2(uuu)

the Bankruptcy Code.

1.2(ttt) “Litigation Expenses” means costs incurred in defending1.2(vvv)

against a particular Litigation Option Claim. Litigation Expenses shall include fees for

defense attorneys, other advisors, testifying and consulting experts, court costs, and any

other costs attributable to particular Litigation Option Claims. For the avoidance of

doubt, Litigation Expenses do not include any fees or costs incurred by a Claimant in

pursuing a Claim or the GUC Trust Seed Funding Amount.

1.2(uuu) “Litigation Option” means the option of each Holder of an1.2(www)

Unresolved Asbestos Claim or Pre-Confirmation Judgment Asbestos Claim (the latter

under certain circumstances described herein and in the Plan) to elect to have his or her

Claim Allowed through litigation against the Reorganized Debtors after the

Confirmation Date pursuant to the CMO.

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1.2(vvv) “Litigation Option Claim” means an Unresolved Asbestos1.2(xxx)

Claim or Pre-Confirmation Judgment Asbestos Claim whose Holder elects the

Litigation Option.

1.2(www) “Litigation Option Claimant” means the Holder of a1.2(yyy)

Litigation Option Claim.

1.2(xxx) “Matrix Amount” means, as to any Asbestos Claim, the1.2(zzz)

value assigned to such Claim by the Settlement Facility after completion of the process

and calculations set forth in Appendix I (Basic Review) or Appendix II (Comprehensive

Review) to the CRP, as applicable.

1.2(yyy) “Non-Released Party” means any Person that is not a1.2(aaaa)

Released Party, including, without limitation, any Non-Truck Asbestos Insurer that is

not a Participating Non-Truck Asbestos Insurer and Lehigh Hanson if it does not make

the Lehigh Hanson Contribution.

1.2(zzz) “Non-Truck Asbestos Insurance Policy” means any Asbestos1.2(bbbb)

Insurance Policy other than the Truck Asbestos Insurance Policies.

1.2(aaaa) “Non-Truck Asbestos Insurer” means any Asbestos1.2(cccc)

Insurance Entity other than Truck.

1.2(bbbb) “Non-Truck Asbestos Insurer Contribution” means the1.2(dddd)

amount, if any, agreed with the Non-Truck Asbestos Insurers, which amount shall be

set forth in the Plan Supplement.

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1.2(cccc) “Notice of Settled Asbestos Claim” means the notice to be1.2(eeee)

submitted by a Settled Asbestos Claim in order for the Settlement Facility to determine

whether such Settled Asbestos Claim should be Allowed and paid.

1.2(dddd) “Other Claims” means claims for compensation against1.2(ffff)

Entities other than Kaiser Gypsum or HPCI that relate directly or indirectly to the

alleged injuries that are the subject of an Unresolved Asbestos Claim.

1.2(eeee) “Other Trusts” means the trusts and claims resolution1.2(gggg)

facilities set forth in Appendix IV and any others designated by the Trustee.

1.2(ffff) “Participating Non-Truck Asbestos Insurers” means the1.2(hhhh)

Non-Truck Asbestos Insurers, set forth in the Plan Supplement, which make the

Non-Truck Asbestos Insurer Contribution.

1.2(gggg) “Person” means person, including without limitation, any1.2(iiii)

individual, Entity, corporation, partnership, limited liability company, limited liability

partnership, joint venture, association, joint stock company, estate, trust, unincorporated

association or organization, official committee, ad hoc committee or group,

governmental agency or political subdivision thereof, the Bankruptcy Administrator,

and any successors or assigns of any of the foregoing.

1.2(hhhh) “Petition Date” means September 30, 2016.1.2(jjjj)

1.2(iiii) “Plan” means the FirstSecond Amended Chapter 11 Plan of1.2(kkkk)

Reorganization for Kaiser Gypsum Company, Inc. and Hanson Permanente Cement,

Inc., Proposed by Truck Insurance Exchange (including all exhibits annexed hereto and

the Plan Supplement), as it may be altered, amended, or modified from time to time in

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accordance with the provisions thereof and of the Bankruptcy Code and the Bankruptcy

Rules proposed by Truck and confirmed by the Bankruptcy Court on _____________,

2018.

1.2(jjjj) “Plan Documents” means the Plan, the Disclosure Statement1.2(llll)

and Plan Supplement, together with all exhibits, and either in their present form or as

each may be amended, supplemented or otherwise modified from time to time.

1.2(kkkk) “Plan Proponent” means Truck, in its capacity as a1.2(mmmm)

proponent of the Plan.

1.2(llll) “Plan Supplement” means the collection of Plan-related1.2(nnnn)

documents Filed with the Court, which may consist of one or multiple Filings.

1.2(mmmm) “Post-Confirmation Asbestos Claim” means a claim1.2(oooo)

against a Debtor, Reorganized Debtor or any Released Party, that would have been an

Asbestos Claim except for the fact that such claim relates to or arises from first

exposure to or first contact with, at any time after the Confirmation Date, asbestos or

any products or materials containing asbestos that were mined, processed, consumed,

used, stored, manufactured, fabricated, constructed, designed, engineered, sold,

assembled, supplied, produced, specified, selected, distributed, released, maintained,

repaired, purchased, owned, occupied, serviced, removed, replaced, disposed of,

installed by, or in any way marketed by, or on behalf of any Debtor or any other Person

(including any past or present Affiliate, predecessor, successor, or assign of any Debtor)

for whose products or operations any Debtor allegedly has liability or is otherwise

liable.

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“Post-Confirmation Asbestos Claimant” means the Holder of a1.2(pppp)

Post-Confirmation Asbestos Claim.

“Pre-Confirmation Judgment Asbestos Claim” means an Asbestos1.2(qqqq)

Claim against a Debtor evidenced by a written judgment entered before the Petition

Date that was not yet subject to a Final Order as of the Confirmation Date.

1.2(nnnn) “Pre-Confirmation Judgment Asbestos Claimant” means1.2(rrrr)

the Holder of a Pre-Confirmation Judgment Asbestos Claim.

1.2(oooo) “Related” means, with respect to an Asbestos Claim, all1.2(ssss)

Asbestos Claims based on a particular Injured Party’s injury (such as Claims by the

Injured Party, his or her estate, and family members with loss of consortium, wrongful

death, or similar related Claims).

1.2(pppp) “Released Claims” mean (a) any and all claims that are or1.2(tttt)

would have been property of any Debtor’s Estate against any Released Party, including,

without limitation, pursuant to Chapter 5 of the Bankruptcy Code, any one or more of

11 U.S.C. §§ 502, 510, 541, 542, 543, 544, 545, 547, 548, 549, 550, 551, or 553; (b)

any and all claims that are or would have been property of any Debtor’s Estate against

any Released Party arising under any non-bankruptcy law relating to allegedly

preferential or fraudulent transfers or relating to any allegedly unlawful payments or

transfers or distributions of property to such Released Party; (c) any and all claims that

are or would have been property of any Debtor’s Estate, regardless of the legal theory

upon which such claim may be predicated, by which any Released Party is asserted to

be or have been derivatively liable for any Claim, including, without limitation, any

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Asbestos Claim including, without limitation, any claim arising under a theory that (i)

any Released Party is a successor to any Debtor, (ii) any Debtor’s separate corporate

existence should be disregarded, or (iii) any Released Party is an alter ego of any

Debtor, and (d) any and all claims in (a)-(c) above where, in the absence of the Debtors’

Chapter 11 Cases, such claims might, under substantive law of any jurisdiction, have

been treated as claims maintainable not only by the Debtors or the Debtors’ Estates

themselves, but by Creditors of or Claimants against the Debtors. For the avoidance of

doubt, the Debtors do not release or bar, and do not intend or purport to release or

barReleased Claims shall not include any claim against any Released Party that is based

uponon (a) such Released Party’s liability under an Environmental Insurance Policy or,

(b) such Released Party’s independent liability to any Person for a Claim that would not

be an Asbestos Claim in these Chapter 11 Cases if it were to be asserted directly against

one or more Debtors. For the avoidance of doubt, Released Claims do not include or

(c) claims and obligations to the extent preserved or arising under the Plan, the CRP or

the CMO.

1.2(qqqq) “Released Party” means any of the following:1.2(uuuu)

(i) (i) the Reorganized Debtors;

if Lehigh Hanson supports the Plan and makes the Lehigh Hanson(ii)

Contribution, Lehigh Hanson and its current and former Affiliates (other than the

Reorganized Debtors and their subsidiaries);

the Settlement Facility;(iii)

the FCR;(iv)

Truck;(v)

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the Participating Non-Truck Asbestos Insurers;(vi)

any Person that, pursuant to the Plan or otherwise on or after the(vii)

Effective Date, becomes a direct or indirect transferee of, or successor to, any of the

Debtors, the Reorganized Debtors, the Affiliates of the Debtors (if Lehigh Hanson

supports the Plan and makes the Lehigh Hanson Contribution) or Reorganized Debtors,

or any of their respective Assets, to the extent that any liability on account of Asbestos

Claims is asserted to exist as a result of its becoming such a transferee or successor; and

(viii) the Representatives of each of the foregoing, respectively, but only

to the extent that any liability is asserted to exist as a result of the Representative being,

or acting in the capacity as, a Representative of one or more of the aforementioned

Persons.

1.2(rrrr) “Reorganized Debtors” means Kaiser and HPCI from and1.2(vvvv)

after the Effective Date.

1.2(ssss) “Representatives” means, (a) with respect to any Entity, the1.2(wwww)

past, present, or future managers, directors, members, trustees, officers, employees,

accountants (including independent registered public accountants), advisors, attorneys,

consultants, or other agents, representatives, or professionals of that Entity, but only in

their capacities as such, and (b) the firms or other Entities, other than the Debtors and

their non-Debtor Affiliates, with whom the Representatives identified in part (a) are

employed or associated, but only in such firms’ or Entities’ respective capacities as

such.

1.2(tttt) “Schedules” means the Schedules of Assets and Liabilities1.2(xxxx)

and Statement of Financial Affairs Filed by the Debtors with the clerk of the

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Bankruptcy Court pursuant to Bankruptcy Rule 1007, as they have been or may be

amended or supplemented from time to time in accordance with Bankruptcy Rule 1009.

1.2(uuuu) “Second Disease Claim” means an Asbestos Claim1.2(yyyy)

described in Section 4.5(b).

1.2(vvvv) “Secondary Kaiser Gypsum Product Contact” means1.2(zzzz)

alleged contact with asbestos fibers from Kaiser Gypsum Products through contact with

someone who had Direct Kaiser Gypsum Product Contact or Bystander Kaiser Gypsum

Product Contact.

1.2(wwww) “Settled Asbestos Claim” means an Asbestos Claim that,1.2(aaaaa)

as of the Petition Date, was subject to a settlement agreement enforceable under

applicable law between a Debtor and the Holder of such Asbestos Claim, or for which a

judgment has become a Final Order.

1.2(xxxx) “Settled Asbestos Claimant” means the Holder of a Settled1.2(bbbbb)

Asbestos Claim.

1.2(yyyy) “Settlement Facility” means the trust to be established in1.2(ccccc)

accordance with the Plan and the Settlement Facility Agreement that will, among other

things, process, review, and pay Allowed Asbestos Claims.

1.2(zzzz) “Settlement Facility Agreement” means the agreement, a1.2(ddddd)

copy of which will be included with the Plan Supplement, pursuant to which the

Settlement Facility shall be established and governed, and process and pay Allowed

Asbestos Claims and certain Litigation Expenses related to Litigation Option Claims.

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1.2(aaaaa) “Settlement Facility Contributions” has the meaning1.2(eeeee)

assigned to such term in the Settlement Facility AgreementPlan.

1.2(bbbbb) “Settlement Facility Limit” means:1.2(fffff)

(i) (i) For any Litigation Option Claim settled by the Settlement Facility

before judgment (if the Settlement Facility has not tendered defense against such

Asbestos Claim to the Non-Truck Asbestos Insurers, or such defense has been tendered

but the Non-Truck Asbestos Insurers have not accepted such defense), the greater of (x)

Basic Review CRP Amount or (y) Comprehensive Review CRP Amount.

For any Litigation Option Claim settled by the Non-Truck Asbestos(ii)

Insurers after the Settlement Facility has tendered defense against such Asbestos Claim to

the Non-Truck Asbestos Insurers and such defense has been accepted, the lesser of (x) the

amount of any settlement with the Litigation Option Claimant and (y) the Truck Policy

Limit.

For any Litigation Option Claim settled by the Settlement Facility(iii)

after judgment, the amount of the judgment, including any interest and costs awarded.

1.2(ccccc) “Settlement Offer” means the settlement offer, if any, made1.2(ggggg)

by the Settlement Facility with respect to an Unresolved Asbestos Claim after

Settlement Review.

1.2(ddddd) “Settlement Offer Recipient” means the Holder of an1.2(hhhhh)

Unresolved Asbestos Claim that has received a Settlement Offer.

1.2(eeeee) “Settlement Release” means the release that must be1.2(iiiii)

executed by a Settlement Offer Recipient prior to receiving a payment from the

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Settlement Facility. The Settlement Release shall be a full release of the Claimant’s

Asbestos Claim, as well as a full release from any family members or similar parties for

Claims derivative of the Asbestos Claim. Such release shall comply with applicable

state or other law and shall acknowledge that the settlement payment extinguishes the

Asbestos Claim and all derivative claims against the Reorganized Debtors and any

Released Party, and shall relinquish such Claimant’s and all Related Claimants’ right to

pursue a remedy from the Reorganized Debtors and any Released Party on account of

such Asbestos Claim and any derivative claims. The Settlement Release shall be in a

form that protects the Reorganized Debtors and any Released Party from any

contribution or other third-party claims by other asbestos defendants under applicable

law. Unresolved Asbestos Claimants whose Claims are based on non-malignant

conditions shall not, however, be required to release Asbestos Claims based on future

asbestos-related cancer. The protection afforded by the Settlement Release is

supplemental to, and does not derogate from or imply any deficiency in, the protection

provided by the Discharge Injunction and the Contribution Injunction.

1.2(fffff) “Settlement Review” means the evaluation by the Settlement1.2(jjjjj)

Facility, under Basic Review or Comprehensive Review, of each Unresolved Asbestos

Claim or Post-Confirmation Asbestos Claim submitted to the Settlement Facility under

the processes and procedures established by the CRP to determine whether a Settlement

Offer should be extended on account of such Claim and, if so, the amount of such

Settlement Offer.

1.2(ggggg) “Truck” means Truck Insurance Exchange.1.2(kkkkk)

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1.2(hhhhh) “Truck Asbestos Insurance Policy” means any Asbestos1.2(lllll)

Insurance Policy issued by Truck to any of the Debtors.

1.2(iiiii) “Truck Policy Limit” means, as to any Asbestos Claim,1.2(mmmmm)

the per claim occurrence limit under the covered by a Truck Asbestos Insurance Policy

with the lowest occurrence limit applicable to such Asbestos Claim, the lowest per

claim occurrence limit applicable to such Asbestos Claim, in conformance with the

Excess CIP Agreement and all applicable Final Orders addressing coverage under the

Asbestos Insurance Policies.

1.2(jjjjj) “Trustee” means the trustee or trustees of the Settlement1.2(nnnnn)

Facility; the initial TrusteesTrustee shall be nominated bydesignated in the Plan

Proponent on or before the Confirmation DateSupplement and approved inby the

Confirmation Order, and successors shall be designated and appointed as provided in

the Settlement Facility Agreement..

1.2(kkkkk) “Uninsured Asbestos Claim” has the meaning assigned to1.2(ooooo)

such term in the Plan.

1.2(lllll) “Unresolved Asbestos Claim” means an Asbestos Claim that1.2(ppppp)

is not a Settled Asbestos Claim or a Pre-Confirmation Judgment Asbestos Claim

(except as identified in the proviso below), including without limitation, Claims that are

subject to litigation pending in courts other than the Bankruptcy Court as of the

Effective Date and that are not the subject of a settlement or Final Order; provided that,

a Pre-Confirmation Judgment Asbestos Claim with respect to which a Pre-Confirmation

Judgment Asbestos Claimant (i) chooses not to litigate the pending appeal of a

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judgment to conclusion and elects to pursue the Settlement Review or (ii) chooses to

litigate the pending appeal of a judgment to conclusion and the judgment is reversed by

the appellate court and such Claim is not dismissed or Disallowed as a result of such

reversal, shall be treated as and deemed to be an Unresolved Asbestos Claim.

1.2(mmmmm) “Unresolved Asbestos Claimant” means the Holder of1.2(qqqqq)

an Unresolved Asbestos Claim.

Section 2

Settlement Review and Litigation Option Mechanics

Submission of Unresolved Asbestos Claims and Pre-Confirmation Judgment2.1

Asbestos Claims. As described in the Plan, Unresolved Asbestos Claimants shall first submit an

Asbestos Claim to the Settlement Facility for Basic Review or Comprehensive Review. Such

Unresolved Asbestos Claimants will initiate the Settlement Review process by filing a Claim

Form with the Settlement Facility. The Claim Form will allow each such Asbestos Claimant to

select Basic Review or Comprehensive Review for their Asbestos Claim.

All Pre-Confirmation Judgment Asbestos Claimants shall in the first instance have the

option to elect Settlement Review by filing a Claim Form or instead litigate to conclusion the

pending appeals of their judgments. If a Pre-Confirmation Judgment Asbestos Claimant chooses

to litigate the pending appeal of a judgment to conclusion and the judgment is reversed by the

appellate court and judgment entered in favor of the Reorganized Debtors, the Claim will be

Disallowed. If a judgment is reversed and such Claim is not dismissed or Disallowed as a result

of such reversal (for example, if the Claim is remanded for new trial), then the Pre-Confirmation

Judgment Asbestos Claimant may file a Claim Form and pursue Settlement Review pursuant to

the terms of these CRP.

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Submission of Settled Asbestos Claims. Settled Asbestos Claimants shall2.2

submit their Settled Asbestos Claims to the Settlement Facility for payment. Such Settled

Asbestos Claims shall be submitted to the Settlement Facility no later than one (1) year following

the Effective Date by the filing with the Settlement Facility of a Notice of Settled Asbestos

Claim, which notice shall include an executed copy of the settlement. The Settled Asbestos

Claimant may be requested to provide such other information related to the settlement as the

Settlement Facility reasonably requests.

Submission of Litigation Option Claim. An Asbestos Claimant may not pursue2.3

the Litigation Option until such Asbestos Claimant (i) initiates the Settlement Review pursuant to

Section 2.1 by filing a Claim Form that selects Comprehensive Review or Basic Review, (ii)

submits the required information pursuant to Section 4.3(e) and (iiiii) either does not receive a

Settlement Offer from the Settlement Facility by the applicable Processing Deadline or receives

and rejects a Settlement Offer to settle his or her Asbestos Claim from the Settlement Facility.1

To be eligible for the Litigation Option, all Asbestos Claims that are Related to the Asbestos

Claim must first submit such Claims to the Settlement Facility in accordance with the CRP.

Conversely, if any Asbestos Claimant elects to settle an Asbestos Claim pursuant to Settlement

Review, all Related Claims shall be ineligible for the Litigation Option. If and when appropriate,

as provided in the Plan and these CRP, eligible Unresolved Asbestos Claimants will initiate the

Litigation Option process by filing a proof of Claim on the docket of the Bankruptcy Court,

pursuant to the CMO adopted in connection with confirmation of the Plan.

1 Pre-Confirmation Judgment Asbestos Claimants may elect the Litigation Option only after electing to complete state court appeals or, alternatively, submitting such claims for Settlement Review. If a Claimant elects to complete state court appeals, and the judgment is reversed but the Asbestos Claim is not Disallowed, the Claimant may submit such Asbestos Claim for Basic Review or Comprehensive Review pursuant to this CRP.

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Submission of Post-Confirmation Asbestos Claims. Post-Confirmation2.4

Asbestos Claimants shall not be subject to, or bound by, the Plan, the CRP or the CMO.

However, Post-Confirmation Asbestos Claimants may elect to submit their Post-Confirmation

Asbestos Claims to the Settlement Facility for Settlement Review pursuant to the procedures set

forth in these CRP. Such Post-Confirmation Asbestos Claimants that elect Settlement Review

will initiate the Settlement Review process by filing a Claim Form with the Settlement Facility.

The Claim Form will allow each such Post-Confirmation Asbestos Claimant to select Basic

Review or Comprehensive Review for their Post-Confirmation Asbestos Claim.

Upon submission of a Post-Confirmation Claim by a Post-Confirmation Asbestos

Claimant for Settlement Review, (1) such Post-Confirmation Asbestos Claim shall be processed

pursuant to Section 4.1(c)(5) and paid pursuant to Section 4.1(d)(6), and (2) such

Post-Confirmation Asbestos Claim and Post-Confirmation Asbestos Claimant will be treated as

an Unresolved Asbestos Claim and an Unresolved Asbestos Claimant for the limited purpose of

Settlement Review, unless such treatment would conflict with this Section 2.4, Section 4.1(c)(5),

Section 4.1(d)(6), the terms of the Plan or the terms of the Settlement Facility Agreement.

The Settlement Facility shall not assume any liability for payment of Post-Confirmation

Asbestos Claims, and any settlement offer extended to such Holders shall be paid by the

Reorganized Debtors. Post-Confirmation Asbestos Claimants who either (i) have such claim

rejected by the Settlement Facility or (ii) receive an offer from the Settlement Facility under the

CRP and reject such offer shall be entitled to pursue all rights and remedies, if any, against the

Reorganized Debtors.

2.4 Internet Calculator. To assist Unresolved Asbestos Claimants in deciding2.5

whether to select Basic Review or Comprehensive Review, the Settlement Facility’s website

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shall include a calculator tool that Unresolved Asbestos Claimants or their attorneys may use to

determine an estimate of the amount such Asbestos Claimant would receive (assuming the

information is verified) if the Asbestos Claimant qualified for a Settlement Offer under each of

the Basic Review and Comprehensive Review processes available under Settlement Review.

Section 3

Overview of Settlement Review

CRP Goals. The Unresolved Asbestos Claims of all Unresolved Asbestos3.1

Claimants shall be resolved under the terms of these CRP. The, and these CRP provide

Post-Confirmation Asbestos Claimants the option to submit their Post-Confirmation Asbestos

Claims for Settlement Review. These CRP set forth procedures for processing and paying

Claims on an impartial, first-in-first-out (“FIFO”) basis. These procedures are designed to

generate Settlement Offers to Unresolved Asbestos Claimants that are fair and expeditious, result

in a minimum of expense to Claimants and the Settlement Facility, and treat Holders of

Unresolved Asbestos Claims as similarly as possible.

The medical and Kaiser Gypsum Product Contact requirements and other provisions of

these CRP are predicated on current medical, financial and other information. It is expected,

however, that Claims will be filed for processing under these CRP for decades to come. To

account for developments in medical science over that period, including with respect to the

diagnosis and causation of diseases, the Trustee may seek Bankruptcy Court approval for changes

to the medical criteria, subject to any consent and consultation requirements of the Settlement

Facility Agreement. Subject to any consent and consultation requirements of the Settlement

Facility Agreement, the Trustee may also seek Bankruptcy Court approval for changes to other

CRP requirements to reflect changes in law or other factors, including changing the “Jurisdiction

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Factor” under Comprehensive Review to take into account jurisdiction-specific changes in law,

average verdicts, or other factors.

Matrix Amounts. These CRP establish medical and Kaiser Gypsum Product3.2

Contact requirements to qualify for settlements and formulas for determining Matrix Amounts

based upon the characteristics of Claims. The diseases compensated under these CRP, upon

meeting the criteria described herein and in Appendices I and II, are pleural mesothelioma,

peritoneal mesothelioma, asbestos-related lung cancer, asbestos-related laryngeal cancer, and

asbestosis. All such Claimants may elect Basic Review, and Claimants alleging pleural

mesothelioma, peritoneal mesothelioma, asbestos-related lung cancer, or asbestos-related

laryngeal cancer may elect Comprehensive Review.

Basic Review requires less information, entails a simplified verification process, and will

result in higher Matrix Amounts for the vast majority of Unresolved Asbestos Claimants.

Comprehensive Review may result in significantly higher Matrix Amounts for Unresolved

Asbestos Claimants who document a work history of extraordinary contact with Kaiser Gypsum

Products and whose complete job and exposure history does not demonstrate extensive exposure

to alternative sources of asbestos or a significant number of other potentially responsible parties.

Unresolved Asbestos Claimants who elect Comprehensive Review must provide more detailed

information and comply with a more extensive verification process. Within Basic Review and

Comprehensive Review, Matrix Amounts also depend upon objective criteria including age,

economic loss, number of dependents, and nature of Kaiser Gypsum Product Contact.

Claims Liquidation Procedures. To be processed by the Settlement Facility, all3.3

Unresolved Asbestos Claimants must (i) file a Claim Form with the Settlement Facility (other

than Settled Asbestos Claimants, who are required to file a Notice of Settled Asbestos Claim), in

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a form to be developed by the Trustee and (ii) submit a filing fee of $500, which will be refunded

to Unresolved Asbestos Claimants who receive a Settlement Offer from the Settlement Facility.

The Asbestos Claimant must also provide a contact address (which may be an attorney) at which

the Asbestos Claimant may receive notices from the Settlement Facility, including an email and

street address. For any notices the Settlement Facility is required to send to Unresolved Asbestos

Claimants under these CRP or the Plan, the Settlement Facility may serve the notice by email.

The Settlement Facility shall take steps to liquidate all Asbestos Claims efficiently and

expeditiously under these CRP.

Trustee’s Determination of Maximum Annual Payment. Prior to making any3.4

payments, the Trustee shall estimate or model the amount of cash flow anticipated to be

necessary over the entire life of the Settlement Facility to ensure that sufficient funds will be

available to treat all Unresolved Asbestos Claimants as similarly as possible. In each year, the

Trustee will be empowered to disburse funds calculated so that the application of such funds over

the life of the Settlement Facility shall correspond with the needs created by the anticipated flow

of Claims (the “Maximum Annual Payment”). The Settlement Facility’s distributions to

Claimants for each year shall not exceed the Maximum Annual Payment determined for that

year. In determining the Maximum Annual Payment for each year, including the first year that

payments are made, the Trustee shall determine current estimates of the number, types, and

Matrix Amounts of Unresolved Asbestos Claims, the value and liquidity of the assets then

available, or to be available as a result of Settlement Facility Contributions or other recoveries, to

the Settlement Facility for payment of Unresolved Asbestos Claims, all anticipated

administrative and legal expenses of the Settlement Facility and Litigation Expenses, and any

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other material matters that are reasonably likely to affect the sufficiency of funds to provide equal

treatment to all Holders of Claims, present and future.

In the event there are insufficient funds in any year to pay the Allowed Asbestos Claims,

the available funds shall be paid to the maximum extent to Unresolved Asbestos Claimants based

on their place in the “FIFO Payment Queue” described in Section 4.1(d)(2). Claims for which

there are insufficient funds will be carried over to the next year where they will be placed at the

head of the FIFO Payment Queue. If there are excess funds because there was an insufficient

amount of Allowed Asbestos Claims to exhaust the respective Maximum Annual Payment

amount, then the excess funds will be rolled over.

Adjustment of Matrix Amounts to Ensure Equal Treatment. To ensure all3.5

Unresolved Asbestos Claimants are treated as similarly as possible, the Trustee shall have

discretion, subject to any consent and consultation requirements of the Settlement Facility

Agreement, to increase or decrease proportionally the Matrix Amounts set forth in Appendix I

and II. Prior to making payments to any Unresolved Asbestos Claimants and thereafter no less

than once every three years, the Trustee shall determine current estimates of the number, types,

and Matrix Amounts of Unresolved Asbestos Claimants; the value and liquidity of the assets

then available, or to be available as a result of Settlement Facility Contributions or other

recoveries, to the Settlement Facility for their payment; all anticipated administrative and legal

expenses, and any other material matters that are reasonably likely to affect the sufficiency of

funds to provide equal treatment to all Holders of Asbestos Claims, present and future; and shall

increase or decrease the Matrix Amounts proportionally to ensure such equal treatment. When

making these determinations, the Trustee shall exercise common sense and flexibly evaluate all

relevant factors.

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If the Matrix Amounts are increased over time, Unresolved Asbestos Claimants who have

previously been paid by the Settlement Facility will receive a proportional additional payment

unless the Trustee, upon notice to the CAC, FCR, and Truck, concludes that the amount is so

modest and the administrative costs and burdens are so great in comparison to the benefits to

Unresolved Asbestos Claimants that such additional payments shall be omitted or deferred.

Trust Claims Payment RatioCap. The Trustee shall also have discretion to3.6

establish a Claims Payment RatioCap for diseases based on the following categories: (i)

“Category A” Claims, which consist of Asbestos Claims involving pleural or peritoneal

mesothelioma that were unliquidated as of the Petition Date; (ii) “Category B” Claims, which

consist of Asbestos Claims involving non-mesothelioma malignancies (asbestos-related lung and

laryngeal cancer) that were unliquidated as of the Petition Date; and (iii) “Category C” Claims,

which consist of Asbestos Claims involving asbestosis that were unliquidated as of the Petition

Date. If the Trustee establishes a Claims Payment RatioCap, then the Claims Payment RatioCap

shall be applied to the Maximum Annual Payment in each year. The Trustee, in fixing the

Claims Payment RatioCap, shall give consideration to the experience of Kaiser Gypsum in the

tort system for the three years immediately prior to the Petition Date.

In the event a Claims Payment RatioCap is set and there are insufficient funds in any year

to pay the Claims within any or all of the disease categories, the available funds within the

particular disease category shall be paid to the maximum extent to Unresolved Asbestos

Claimants in the particular disease category based on their place in the FIFO Payment Queue

described in Section 4.1 based upon the date of Claim liquidation. Asbestos Claims for which

there are insufficient funds will be carried to the next year where they will be placed at the head

of the FIFO Payment Queue. If there are excess funds in either or both disease categories,

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because there was an insufficient amount of liquidated Asbestos Claims to exhaust the respective

Maximum Annual Payment amount for that disease category, then the excess funds for such

disease category will be rolled over and remain dedicated to the respective disease category to

which they were originally allocated, so long as the Claims Payment RatioCap remains in place.

Indirect Claims. As set forth in Section 6, upon satisfying threshold criteria for3.7

allowance of contribution or indemnification claims, Indirect Claims shall be subject to the same

options, categorization, evaluation, and payment provisions of these CRP as all other Unresolved

Asbestos Claims.

CAC and FCR . Pursuant to the Plan and Settlement Facility Agreement, these3.8

CRP will be administered by the Trustee in consultation with an FCR who represents the

interests of Holders of Future Asbestos Claims and the CAC which represents the interests of

Holders of Current Asbestos Claims. The matters upon which the Trustee shall consult with the

FCR and CAC are set forth in the Settlement Facility Agreement. The FCR and the initial

members of the CAC shall be appointed and identified in the Confirmation Order.

Section 4

Resolution of Claims

Ordering, Processing, and Payment of Claims4.1

Establishment of the FIFO Processing Queue. The Settlement4.1(a)

Facility will order Claims to be reviewed for processing purposes on a FIFO basis

except as otherwise provided herein (the “FIFO Processing Queue”). An Asbestos

Claimant’s position in the FIFO Processing Queue shall be determined according to the

date that the Claim Form or Notice of Settled Asbestos Claim, as applicable, with

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respect to the specific Asbestos Claim is filed with the Settlement Facility, with an

earlier filing date given priority over a later filing date. If any Asbestos Claims are filed

or are deemed to be filed on the same date, the Asbestos Claimant’s position in the

FIFO Processing Queue shall be determined by the date of diagnosis of the

asbestos-related disease, with an earlier diagnosis date given priority over a later

diagnosis date.

Effect of Statutes of Limitations and Repose.4.1(b)

Litigation Option Statute Tolled. The statute of4.1(b)(1)

limitations applicable to any Unresolved Asbestos Claim that pursues the

Litigation Option shall include any extension of time by operation of 11 U.S.C. §

108(c) and shall be tolled (a) between the Effective Date of the Plan and one year

after the Settlement Facility first makes Claim Forms available and provides

notice of such date on its website and (b) between the time a Claim Form is filed

with the Settlement Facility and sixty (60) days after the Settlement Facility

makes a Settlement Offer under these CRP; unless the applicable statute of

limitations has expired prior to the Petition Date, in no event will the limitations

period be shorter than one year after the Settlement Facility provides notice of

such date on its website.

Claim Deemed “Filed.” A Claim shall be deemed filed on4.1(b)(2)

the date the Claimant places the Claim Form in the mail, or the date upon which

the Claimant submits the Claim Form electronically.

Processing of Asbestos Claims. As a general practice, the4.1(c)

Settlement Facility will review its Asbestos Claims files on a regular basis and notify all

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Unresolved Asbestos Claimants whose Asbestos Claims are likely to come up in the FIFO

Processing Queue in the near future.

Processing of Settled Asbestos Claims. The Settlement4.1(c)(1)

Facility shall review the Notice of Settled Asbestos Claim received from a Settled

Asbestos Claimant and may request additional information that the Settlement

Facility reasonably determines is necessary to determine the existence of a Final

Order or a settlement agreement between the Settled Asbestos Claimant and the

Debtors. Upon the Settlement Facility determining the existence of a Final Order

or a settlement agreement between the Settled Asbestos Claimant and the Debtors,

such Claimant’s Settled Asbestos Claim shall be Allowed. If the Settlement

Facility determines that a claim purported to be a Settled Asbestos Claim is not, in

fact, a Settled Asbestos Claim, such Claim will be Disallowed as not settled but

the Holder of such claim will nonetheless continue to hold an Unresolved

Asbestos Claim and may file a Claim Form pursuant to Section 2.1 and elect for

Basic Review or Comprehensive Review.

Processing of Unresolved Asbestos Claims. The4.1(c)(2)

Settlement Facility shall, upon determining that an Unresolved Asbestos Claim

qualifies for a Settlement Offer under Section 2.1, tender to the Unresolved

Asbestos Claimant an offer of payment of the amount determined under these

procedures (the Basic Review CRP Amount for Unresolved Asbestos Claims that

select Basic Review and the Comprehensive Review CRP Amount for Unresolved

Asbestos Claims that select Comprehensive Review), together with a form of

Settlement Release (as defined in the Plan) that is approved by the Trustee and

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reasonably acceptable in form and substance to the Reorganized Debtors and

Truck. The protection afforded by such Settlement Release is supplemental to,

and does not derogate from or imply any deficiency in, the protection provided by

the Discharge Injunction and the Contribution Injunction.

Defense and Settlement of Litigation Option Claims.4.1(c)(3)

Pursuant to the terms of the CMO, the Settlement Facility will be responsible for

defending against each Litigation Option Claim, and will pay all Litigation

Expenses, except to the extent that the Settlement Facility tenders defense against

a Litigation Option Claim to the Non-Truck Asbestos Insurers and such defense is

accepted, in which case such Non-Truck Asbestos Insurer shall assume such

defense and pay Litigation Expenses in accordance with the Asbestos Insurance

Policies. Any such Settlement Offer by the Settlement Facility (a “Judgment

Offer”) shall be in the form of an offer of judgment under Federal Rule of Civil

Procedure 68 and Federal Rule of Bankruptcy Procedure 7068. If any judgment

the Asbestos Claimant obtains under the Litigation Option is not more favorable

than the unaccepted Judgment Offer, the Asbestos Claimant must, consistent with

Rule 68(d), pay the costs incurred by the Settlement Facility after the Judgment

Offer was made. The Settlement Facility may, but is not obligated to, make a

Judgment Offer to any Litigation Option Claimant. However, unless the

Non-Truck Asbestos Insurers consent and agree to pay any amount above the

Settlement Facility Limit, the Settlement Facility may not make a Judgment Offer

to a Litigation Option Claimant that exceeds the Settlement Facility Limit. The

Settlement Facility shall retain a claim for reimbursement or contribution against

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the Reorganized Debtors for any Litigation Expenses paid by the Settlement

Facility related to Uninsured Asbestos Claims; the Reorganized Debtors shall

reimburse the Settlement Facility for payment of such Litigation Expenses when

and as Cash becomes available to the Reorganized Debtors.

Defense Settlement and Processing of Pre-Confirmation4.1(c)(4)

Judgment Asbestos Claims. Any Pre-Confirmation Judgment Asbestos Claim

that chooses to litigate the pending appeal of a judgment to conclusion shall be

defended by the Settlement Facility. If a judgment is reversed and such Claim is

not dismissed or Disallowed as a result of such reversal, such Pre-Confirmation

Judgment Asbestos Claim shall become an Unresolved Asbestos Claim and will

be processed in accordance with Section 4.1(c)(2); provided, however, that any

settlement offered by the Settlement Facility pursuant to Settlement Review shall

be reduced by the Litigation Expenses incurred by the Settlement Facility in

connection with the appeal of the pre-confirmation judgment. The Settlement

Facility shall retain a claim for reimbursement or contribution against the

Reorganized Debtors for any Litigation Expenses paid by the Settlement Facility

related to Uninsured Asbestos Claims; the Reorganized Debtors shall reimburse

the Settlement Facility for payment of such Litigation Expenses when and as Cash

becomes available to the Reorganized Debtors. Any Pre-Confirmation Judgment

Asbestos Claim that does not choose to litigate the pending appeal of a judgment

to conclusion and elects Settlement Review shall be treated as an Unresolved

Asbestos Claim and will be processed in accordance with Section 4.1(c)(2).

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Processing of Post-Confirmation Asbestos Claims. The4.1(c)(5)

Settlement Facility shall, upon determining that a Post-Confirmation Asbestos

Claim qualifies for a Settlement Offer under Section 2.4, tender to the

Post-Confirmation Asbestos Claimant an offer of payment of the amount

determined under these procedures (the Basic Review CRP Amount for

Post-Confirmation Asbestos Claims that select Basic Review and the

Comprehensive Review CRP Amount for Post-Confirmation Asbestos Claims

that select Comprehensive Review), together with a form of Settlement Release

that is approved by the Trustee and reasonably acceptable in form and substance

to the Reorganized Debtors and Truck.

Payment of Asbestos Claims.4.1(d)

Payment of Settled Asbestos Claims. Allowed Settled4.1(d)(1)

Asbestos Claims will be paid in full by the Settlement Facility or the Reorganized

Debtors in FIFO order, based on the date the Settled Asbestos Claim became

Allowed, subject to all Asbestos Contribution Rights.

Payment of Unresolved Asbestos Claims. Allowed4.1(d)(2)

Unresolved Asbestos Claims shall be paid in FIFO order based on the date the

Settlement Facility received an acceptable Settlement Release (the “FIFO

Payment Queue”), regardless of whether liquidation occurred under Basic

Review or Comprehensive Review. Such Allowed Unresolved Asbestos Claims

shall be paid in full by the Settlement Facility or the Reorganized Debtors, subject

to all Asbestos Contribution Rights.

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Payment of Litigation Option Claims. All Allowed4.1(d)(3)

Litigation Claims shall be paid in the FIFO order based on the date Allowed

Litigation Option Claims became Allowed. For any Litigation Option Claim that

is Allowed by settlement, the Settlement Facility or the Reorganized Debtors shall

pay such Allowed Litigation Option Claim up to the Settlement Facility Limit,

subject to all Asbestos Contribution Rights. For any Litigation Option Claim

Allowed by judgment that becomes a Final Order, the Settlement Facility or the

Reorganized Debtors shall pay the Allowed amount of such Claim, subject to all

Asbestos Contribution Rights; provided, however, that if defense of such Claim

was tendered to and accepted by the Non-Truck Asbestos Insurers, then the

Settlement Facility or the Reorganized Debtors will pay such Claim up to the

Truck Policy Limit, subject to all Asbestos Contribution Rights, with any excess

to be paid by the Non-Truck Asbestos Insurers in accordance with the Asbestos

Insurance Policies. Any Litigation Option Claim that is Disallowed will not

receive any payment.

Payment of Pre-Confirmation Judgment Asbestos4.1(d)(4)

Claims. Pre-Confirmation Judgment Asbestos Claims that are not treated as

Unresolved Asbestos Claims and are Allowed shall be paid in accordance with

Section 4.1(d)(3).

Deductibles. The Settlement Facility shall not be4.1(d)(5)

responsible for the payment of Uninsured Asbestos Claims except for Deductibles

as to which the Reorganized Debtors do not have sufficient Cash to pay such

Deductible at the time it would otherwise be required to be funded; provided

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however, that the Reorganized Debtors shall reimburse the Settlement Facility for

such Deductible payment when and as Cash becomes available to the Reorganized

Debtors.

Payment of Post-Confirmation Asbestos Claims. The4.1(d)(6)

Settlement Facility shall not be responsible for payment of Post-Confirmation

Asbestos Claims, and any payments to Post-Confirmation Asbestos Claimants on

account of Post-Confirmation Asbestos Claims shall be made by the Reorganized

Debtors.

Deceased or Incompetent Claimant. Where the Asbestos Claimant4.1(e)

is deceased or incompetent, and the settlement and payment of his or her Claim must be

approved by a court of competent jurisdiction prior to acceptance of an offer by the Claimant’s

representative, such offer shall remain open so long as proceedings before that court remain

pending, provided that the Settlement Facility has been furnished with evidence that the

Settlement Offer has been submitted to such court for approval. If the offer is ultimately

approved by that court and accepted by the Claimant’s representative, the Settlement Facility

shall pay the Asbestos Claim in the amount so offered.

Same Day Liquidation. If any Asbestos Claims are liquidated on the4.1(f)

same date, each such Claimant’s position in the FIFO Payment Queue shall be determined by the

date of the diagnosis of such Asbestos Claimant’s asbestos-related disease, with earlier diagnosis

dates given priority over later diagnosis dates.

Hardship Claims. The Settlement Facility may liquidate and pay4.1(g)

certain Claims that qualify as Hardship Claims at any time. Such Asbestos Claims may be

considered separately no matter what the order of processing otherwise would have been under

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these CRP. A Hardship Claim, following its liquidation, shall be placed at the head of the FIFO

Payment Queue for its disease category for purposes of payment, subject to the Maximum

Annual Payment and Claims Payment Ratio described above. An Asbestos Claim qualifies for

payment as a Hardship Claim if the Trustee, in his or her sole discretion, determines (a) that the

Asbestos Claimant needs financial assistance on an immediate basis based on the Asbestos

Claimant’s expenses and all sources of available income, and (b) that the Asbestos Claimant’s

dire financial condition is a result of the Claimant’s asbestos-related disease.

Resolution of Unliquidated Unresolved Asbestos Claims. Within three (3)4.2

months after the Effective Date, the Trustee shall implement procedures that are consistent with

these CRP for reviewing and liquidating all unliquidated Unresolved Asbestos Claims, which

shall include deadlines for processing such Unresolved Asbestos Claims (the “Processing

Deadlines”).

Settlement Review Process. The CRP are designed to provide a fair,4.3

expeditious, efficient and inexpensive method for liquidating Asbestos Claims based on the

characteristics of the Asbestos Claims without the expense or delay of allowance litigation. The

CRP provide Unresolved Asbestos Claimants a substantially less burdensome process for

pursuing their Asbestos Claims than does allowance litigation.

Unresolved Asbestos Claimant’s Choice of Basic or4.3(a)

Comprehensive Review. An Unresolved Asbestos Claimant may submit their

Unresolved Asbestos Claim for either Basic Review or Comprehensive Review at the

time the Unresolved Asbestos Claimant submits a Claim Form to the Settlement

Facility. Matrix Amounts pursuant to Basic Review are determined pursuant to a

formula set forth in Appendix I to these CRP. Matrix Amounts pursuant to

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Comprehensive Review are determined pursuant to a formula set forth in Appendix II

to these CRP. Only Unresolved Asbestos Claims satisfying the criteria set forth in

either Appendix I or Appendix II, as well as all other criteria in these CRP, are eligible

for Settlement Offers under these CRP.

Basic Review and Comprehensive Review Distinguished. Basic4.3(b)

Review requires less information and takes into account comparatively fewer variables

than Comprehensive Review. Moreover, Unresolved Asbestos Claims submitted for

Comprehensive Review are subject to additional verification and documentation

requirements set forth in Section 4.6 of these CRP. Although some Unresolved

Asbestos Claimants (who have a small number of alternative sources of exposure) will

receive higher Settlement Offers by electing Comprehensive Review, it is anticipated

that most Unresolved Asbestos Claimants will receive higher Settlement Offers by

electing Basic Review.

Changing a Basic Review or Comprehensive Review Selection.4.3(c)

Regardless of whether an Unresolved Asbestos Claimant initially selects Basic Review

or Comprehensive Review, he or she may, at any time, amend the Claim Form once to

switch to either Comprehensive Review or Basic Review, as applicable. Such

Unresolved Asbestos Claimant will be treated as if he or she had initially selected

Comprehensive Review or Basic Review pursuant to Section 2.1 but will not be

permitted to change the selection back.

Payment of Claims Accepting Settlement Offers. If the Settlement4.3(d)

Facility determines the Unresolved Asbestos Claim is eligible for payment under Basic

Review or Comprehensive Review (as applicable), and the Unresolved Asbestos

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Claimant executes the Settlement Release, such Claim will become Allowed and shall

be placed in the FIFO Payment Queue, in accordance with Section 4.1(d)(2) of these

CRP, following which the Settlement Facility shall disburse payment.

Submission Requirements for Unresolved Asbestos Claims.4.3(e)

Whether an Unresolved Asbestos Claim is submitted under either Basic Review or

Comprehensive Review, it must meet the threshold requirements set forth below in

Section 4.4 and the medical requirements and Kaiser Gypsum Product Contact

requirements set forth below in Section 4.5 and must be submitted with information

sufficient to provide the data necessary to determine a Settlement Offer under the

procedures described in Appendix I (for Claims submitted for Basic Review) or

Appendix II (for Claims submitted for Comprehensive Review). The Trustee shall

develop the form of Claim Form required for Basic Review and Comprehensive

Review that is consistent with these CRP. The CMO will require any Unresolved

Asbestos Claimant that selects Basic Review and then pursues the Litigation Option to

submit all of the information required for Comprehensive Review to the Settlement

Facility before proceeding to litigation.

Threshold Eligibility Criteria for All Unresolved Asbestos Claimants. To be4.4

eligible for a payment under these CRP, the Unresolved Asbestos Claimant must satisfy the

following criteria in addition to the specific criteria applicable under Basic Review and

Comprehensive Review:

The Asbestos Claimant (or the Asbestos Claimant’s predecessor) has not(a)released the Asbestos Claim against the Debtors, the Reorganized Debtors, or theSettlement Facility (or had such Claim resolved by Final Order), subject to theexception for Second Disease Claims described in Section 4.5(b);

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The Asbestos Claimant has not obtained a judgment based on the(b)asbestos-related injury alleged in the Asbestos Claim that has been fully satisfied;

The Asbestos Claim has not been Disallowed by the Bankruptcy Court,(c)except that Settled Asbestos Claimants whose Claims are Disallowed by theBankruptcy Court solely as not settled may nevertheless seek to exerciseSettlement Review, subject to all criteria contained herein; and

The Asbestos Claimant has not transferred his or her right to recover with(d)respect to the Asbestos Claim such that the Asbestos Claim can be asserted byanother Person (the fact that a Claimant has executed a “subrogation agreement”with a health insurer or that a statutory provision grants to any governmentalEntity rights of subrogation shall not of itself be construed as a transfer of theAsbestos Claimant’s right to recover).

Medical and Contact Requirements Under Basic Review and Comprehensive4.5

Review.

Documentation of Disease. All Unresolved Asbestos Claimants4.5(a)

must support their Asbestos Claims with the medical documentation described in

Appendices I and II applicable to the condition they allege. All diagnoses must be

accompanied by either (i) a statement by the physician providing the diagnosis that at

least ten (10) years have elapsed between the date of first exposure to asbestos and the

diagnosis, or (ii) a history of exposure to asbestos sufficient to establish a 10-year

latency period. In addition, Claims shall be compensable under Claims shall be

compensable under these CRP only when the Injured Party experienced Kaiser Gypsum

Product Contact before [_______].

Medical evidence provided in support of the Asbestos Claim must be credible and

consistent with recognized medical standards. Each diagnosis must be made by a board-certified

physician in an appropriate specialty, whose license and certification are not on inactive status, to

a level of reasonable medical probability. Pulmonary function testing, where required, must be

performed using equipment, methods of calibration, and techniques that meet the lung function

testing criteria adopted by the American Thoracic Society current as of the date the test is

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performed. Any diagnosis of asbestosis (including in connection with asbestos-related lung

cancer or laryngeal cancer) must be made by (i) a board-certified pathologist, who personally

reviewed the Injured Party’s pathology; or (ii) a board-certified internist, pulmonologist or

occupational medicine physician who actually examined the Injured Party, with findings

contained in a detailed narrative written report. In assessing the reliability of a diagnosis, the

Settlement Facility may consider whether the diagnosis discusses the basis for the opinion and

the reason for rejection of other reasonably possible diagnoses.

With respect to pleural or peritoneal mesothelioma, the Settlement Facility in assessing

the reliability of a diagnosis may also consider the following:

Whether the pathologist or laboratory has performed a panel of appropriate

immunohistochemical stains on tumor tissue from a biopsy, and if not, whether there is

good cause and whether the laboratory has instead performed a panel of appropriate

immunohistochemical stains on a specimen obtained from exfoliative or aspiration

cytology preparations;

Whether the pathological report identifies the morphologic form of the tumor; that is,

whether the tumor is epithelial (also referred to as epithelioid), sarcomatous (also referred

to as sarcomatoid), or mixed epithelial and sarcomatous (sometimes referred to as

biphasic or bimorphic);

Whether all treating physicians who expressed a diagnosis in the records concurred that

the Injured Party had diffuse malignant mesothelioma originating in the pleura or

peritoneum;

Whether the treating physician finds that the gross distribution of tumor in the Injured

Party’s thorax is typical of malignant pleural or peritoneal mesothelioma; and

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Whether there is a report by a board-certified radiologist documenting that the gross

distribution of tumor based on CT scans or PET scans of the Injured Party’s thorax is

typical of malignant mesothelioma.

With respect to all Asbestos Claims, the Trustee may require the submission of x-rays,

CT scans, detailed results of pulmonary function tests, laboratory tests, tissue samples, results of

medical examination or reviews of other medical evidence, and must require that medical

evidence submitted comply with recognized medical standards regarding equipment, testing,

methods, and procedure to assure that such evidence is reliable.

Second Disease (Malignancy) Claims. The Holder of an Asbestos4.5(b)

Claim involving asbestosis may file a new Asbestos Claim based on pleural

mesothelioma, peritoneal mesothelioma, asbestos-related lung cancer, or

asbestos-related laryngeal cancer that is subsequently diagnosed. The Settlement

Release shall not require such an Asbestos Claimant to release the subsequent disease

Claim.

Kaiser Gypsum Product Contact Requirement.4.5(c)

Kaiser Gypsum Product Contact. To be eligible for4.5(c)(1)

payment from the Settlement Facility, the Claimant must allege that the alleged

Injured Party experienced Kaiser Gypsum Product Contact that the Claimant

reasonably believes contributed to causing his or her asbestos-related condition,

and the Claim Form must require certification of such allegation. The Claimant

must demonstrate that the Injured Party had at least six (6) months of Kaiser

Gypsum Product Contact, which requires demonstrating at least six months

(combined) of Direct Kaiser Gypsum Product Contact, Bystander Kaiser Gypsum

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Product Contact, or Secondary Kaiser Gypsum Product Contact. The Claimant

must demonstrate that the Person who experienced Direct Kaiser Gypsum Product

Contact or Bystander Kaiser Gypsum Product Contact was exposed either

occupationally or under credible do-it-yourself (DIY) settings.

For all Kaiser Gypsum Product Contact, Unresolved Asbestos Claimants must provide (i)

identification (by name, address or other description) of the residence(s), plant(s), or commercial

building site(s), and the city and state where Kaiser Gypsum Product Contact allegedly occurred;

(ii) the year(s) Kaiser Gypsum Product Contact began and ended; (iii) the Injured Party’s

occupation, job title, and employer(s) at the time of Kaiser Gypsum Product Contact (or, in the

case of Secondary Kaiser Gypsum Product Contact, the occupation, job title, and employer(s) of

the occupationally exposed Person at the time of Kaiser Gypsum Product Contact); (iv)

identification of the type of Kaiser Gypsum Product with which the Injured Party had contact;

and (v) the manner in which the Injured Party experienced Kaiser Gypsum Product Contact.

Claims based on conspiracy theories that do not involve Kaiser Gypsum Product Contact

are not compensable under these CRP.

Asbestos Claims based on alleged exposure to asbestos fibers from Kaiser Gypsum

Products that occurred outside of the United States and its territories and possessions (“Foreign

Claims”) are not compensable under these CRP. Foreign Claims do not include Claims based on

asbestos exposure aboard U.S. Navy ships.

Documentation of Kaiser Gypsum Product Contact. All4.5(c)(2)

information required by Section 4.5(c)(1) must be evidenced by (a)

interrogatories, declarations, or other sworn statements verified or made under

penalty of perjury by a Person who is competent to testify to the information

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contained therein, providing sufficient background information to explain how

such Person acquired the personal direct knowledge of such facts and allowing the

Settlement Facility to determine the credibility of the Person making the sworn

statement, or (b) other credible and authentic documents (such as military records,

social security records, etc.). The Claimant must also provide copies of any

interrogatory answers submitted by the Claimant or Injured Party in any asbestos

litigation relating to the alleged asbestos-related injury. The Settlement Facility

may request copies of other documents necessary for assessing the credibility of

the allegation of Kaiser Gypsum Product Contact.

Prohibition on Site List Presumptions. Evidence that4.5(c)(3)

Kaiser Gypsum Products were used at a plant, facility, or other worksite where the

Injured Party worked is, in and of itself, not sufficient to identify Kaiser Gypsum

Product Contact or provide the showing required by Section 4.5(c)(1). The

Settlement Facility is therefore prohibited from relying on “site lists” or other

similar proof as a substitute for the showing required by Sections 4.5(c)(1) and

4.5(c)(2), and a Claimant who can only demonstrate that the Injured Party worked

at a site where Kaiser Gypsum Products were used is not entitled to payment. The

Claimant must in all cases provide all information required by Sections 4.5(c)(1)

and 4.5(c)(2).

Additional Documentation and Information for Comprehensive Review. An4.6

Asbestos Claim submitted for Comprehensive Review must provide the following additional

information:

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Information on Other Claims. An Asbestos Claimant seeking4.6(a)

Comprehensive Review must submit the information described in Section 4.6(b) about

all Other Claims that relate in any way to the alleged injuries for which the Asbestos

Claimant seeks compensation. Other Claims about which information must be

submitted include claims by the Asbestos Claimant, the Asbestos Claimant’s decedent,

any current or past Holder of the Asbestos Claim, or an attorney or claims

representative representing any of them. Other Claims include, but are not limited to,

the following: (a) lawsuits filed in any court, arbitration proceedings before any panel or

tribunal, and administrative proceedings (such as worker’s compensation claims) before

any governmental or quasi-governmental body; (b) claims that were resolved or settled

without the institution of litigation (such as pre-filing settlements reached after

notification of the existence of a claim without the need to file a lawsuit); and (c) claims

that have been submitted in bankruptcy proceedings or to Other Trusts that resulted

from bankruptcy proceedings.

Information Provided About Other Claims. The Asbestos4.6(b)

Claimant shall submit the following information for each Other Claim: (a) the name of

the Entity against whom the Other Claim was made, (b) the date of the Other Claim,

and (c) the amounts of all payments received or to be received from the Entity to whom

the Other Claim was submitted. The Asbestos Claimant must also submit copies of any

documents submitted to or served upon any such Entity containing information

regarding the alleged Injured Party’s contact with or exposure to asbestos or

asbestos-containing products, including without limitation any claim forms submitted to

Other Trusts (along with any attachments), ballots submitted by or on behalf of the

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Asbestos Claimant in any bankruptcy case, and any discovery response filed or served

in tort litigation. The Asbestos Claimant shall also certify that, to the best of his

knowledge, at that time, with the exception of the Other Claims that have been

expressly disclosed and identified by the Asbestos Claimant, no other Entity is known

to the Asbestos Claimant to be potentially responsible for the alleged injuries that are

the basis of the Claim.

Form of Comprehensive Review Claim Form. The specific4.6(c)

information required by the Settlement Facility to process an Asbestos Claim under

Comprehensive Review shall be set forth on a Claim Form to be developed by the

Trustee consistent with the requirements of these CRP. The Claimant must certify

under penalty of perjury that the information submitted is complete and accurate.

Authorization for Release of Information. The Asbestos Claimant4.6(d)

seeking ComprehensiveSettlement Review shall execute a release of information form

in favor of the Settlement Facility, in the form attached as Appendix IV, (1) authorizing

all Other Trusts against whom an Other Claim has been made or asserted based on the

Injured Party’s injury to release to the Settlement Facility all information submitted to it

by the Person who made the Other Claim and to disclose the status of any such claim

and the amount and date of any payment on the claim, (2) except to the extent otherwise

prohibited under applicable state or federal privacy laws, authorizing the Settlement

Facility to publicly disclose certain information regarding the Asbestos Claimant and

Asbestos Claim specified in Appendix IV and (3) consenting to the audit processes

developed by the Trustee pursuant to Section 4.8. The release of information form

shall authorize the Settlement Facility to obtain all submissions made by the Asbestos

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Claimant or his heirs, executors, successors or assigns in the future to any Other Trust.

The Trustee may amend the form attached as Appendix IV from time to time to add

newly established Other Trusts. These authorizations will be used not only to verify

information provided in connection with particular Asbestos Claims, but also in

connection with the Settlement Facility’s periodic audits for fraud. If an Asbestos

Claimant does not execute and submit the form attached hereto as Appendix IV, then

such Asbestos Claimant shall not receive a Settlement Offer on account of their

Asbestos Claim.

Attorney’s Certification. If the Asbestos Claimant seeking4.6(e)

ComprehensiveSettlement Review (or any Related Claimant) is or has been represented

by an attorney in any litigation or in the filing of Other Trust claims based on the injury

that forms the basis for the Asbestos Claim, the Asbestos Claimant shall provide a

certification under penalty of perjury of such attorney. The certification shall affirm

that the attorney has fully investigated the alleged injuries that are the basis of the

Asbestos Claim, including conferring with any other attorneys who represent the

Asbestos Claimant with respect to claims against Other Trusts or any other Entity, and

that no good-faith basis exists, at the time the certification is executed, to bring a claim

against any Entity that is not identified in the Asbestos Claimant’s Claim Form.

If the Asbestos Claimant seeking ComprehensiveSettlement Review (or any Related

Claimant) has not been represented by an attorney in any litigation or in the filing of Other Trust

claims based on the injury that forms the basis for the Asbestos Claim, the Asbestos Claimant

shall provide a certification under penalty of perjury that he or she has fully investigated the

alleged injuries that are the basis of the Claim, and that no good-faith basis exists, at the time the

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certification is executed, to bring a claim against any Entity that is not identified in the Asbestos

Claimant’s Claim Form.

Releases. As a condition to making a payment to any Unresolved Asbestos4.7

Claimant or Post-Confirmation Asbestos Claimant, the Settlement Facility or the Reorganized

Debtors shall obtain from such Unresolved Asbestos Claimant, the Settlement Facility shall

obtain from such Unresolved Asbestos Claimant a Settlement Release (as defined in the Plan),

such release approved by the Trustee and reasonably acceptable in form and substance to the

Reorganized Debtors and Truck. (The protection afforded by such release is supplemental to,

and does not derogate from or imply any deficiency in, the protection provided by the Discharge

Injunction and the Contribution Injunction.) The Settlement Release shall be a full release of the

Unresolved Asbestos Claimant’s Asbestos Claim, as well as a full release from any family

members or similar parties for Related Claims, and shall include all claims related to the Injured

Party, with the exception of Second Disease Claims as described above. Such release shall

comply with applicable state or other law and shall acknowledge that the settlement payment

extinguishes the Asbestos Claim and all Related Claims against the Reorganized Debtors, any

Released Party (as defined in the Plan), the FCR and his or her representatives, and the

Settlement Facility, and shall relinquish such Claimant’s and all Related Claimants’ right to

pursue a remedy from the Reorganized Debtors, any Released Party, the FCR and his or her

representatives, or the Settlement Facility on account of such Asbestos Claim and any derivative

claims. The Settlement Facility or the Reorganized Debtors shall obtain the Settlement Release

in a form that protects the Reorganized Debtors, any Released Party, the FCR and his or her

representatives, and the Settlement Facility from any contribution or other third-party claims by

other asbestos defendants under applicable law, such as by obtaining a pro rata release that

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requires the Unresolved Asbestos Claimant to release the Settlement Facility’s and any Released

Party’s share of any damages the Unresolved Asbestos Claimant may obtain from another

defendant. The payment draft or check sent to the Unresolved Asbestos Claimant shall be

printed on a document that specifies and clearly advises the Claimant that endorsement and

cashing of the check or draft shall be deemed to serve as additional documentation of the release

of the Reorganized Debtors, the Released Parties, the FCR and his or her representatives, and the

Settlement Facility.

Audit Program. The Trustee shall develop methods for auditing the claims4.8

process, including, but not limited to, the evaluation, ordering, processing, or payment of

Asbestos Claims. The Trustee shall also develop methods for auditing (i) the reliability of

medical evidence, including additional reading of x-rays, CT scans, and verification of

pulmonary function tests, (ii) the reliability of evidence of Kaiser Gypsum Product Contact, and

(iii) the reliability of evidence of sources of asbestos exposure, by reference to audit procedures

adopted by Other Trusts. All such methods shall be implemented by the Settlement Facility, and

(iv) any payments made by the Settlement Facility, provided that Truck shall have the right to

participate in any audit process developed and to promptly receive any information obtained from

any such audit.

Inconsistent Information. In the event that the Trustee reasonably4.8(a)

determines that any Person has engaged in a pattern or practice of providing

inconsistent or unreliable medical or Kaiser Gypsum Product Contact evidence and

sources of asbestos exposure to the Settlement Facility, co-defendants in the tort

actions, or to Other Trusts established in connection with other chapter 11 cases, it may

decline to accept additional evidence from such provider.

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Fraud. To deter potential fraud, all Claim Forms, including all parts4.8(b)

requesting information required for Basic Review or Comprehensive Review, must be

signed under penalty of perjury. Further, in the event that an audit reveals that

fraudulent information has been provided to the Settlement Facility, the Trustee may

penalize any Claimant or Claimant’s attorney by Disallowing the Claim or by other

means including, but not limited to, (i) reordering the priority of payment of all affected

Claimants’ Claims, (ii) raising the level of scrutiny of additional information submitted

from the same source or sources, (iii) refusing to accept additional evidence from the

same source or sources, (iv) refusing to accept Claims filed by a particular law firm, (v)

seeking the prosecution of the Claimant or Claimant’s attorney for presenting a

fraudulent claim in violation of 18 U.S.C. § 152, (vi) seeking sanctions from the

Bankruptcy Court, and (vii) filing complaints for disciplinary action with appropriate

State Bar organizations.

Section 5

Review of Settlement Facility Settlement Offers

Supplementation of Claim Form. The Settlement Facility, upon rejecting any5.1

Asbestos Claim, shall provide the Asbestos Claimant with a list of deficiencies in the Claim

Form that preclude a Settlement Offer. The Claimant shall have six (6) months in which to cure

these deficiencies to attempt to obtain a Settlement Offer. After that period, the Asbestos Claim

will be deemed Disallowed and uncompensable under the Plan and these CRP. Any disputes

regarding deficiencies in the Claim Form and Disallowance of an Asbestos Claim under this

Section 5.1 shall be resolved by the District Court. This provision will not preclude the assertion

of Second Disease Claims.

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Election of Litigation Option. A Claimant who rejects the Settlement Offer5.2

made by the Settlement Facility under these CRP, or who does not receive a Settlement Offer by

the applicable Processing Deadline, may elect the Litigation Option and pursue allowance

litigation pursuant to the CMO. Section 2.3 above describes how to pursue the Litigation

Option, the Settlement Facility’s settlement authority, the effects of any such Settlement Offer,

and the Settlement Facility’s responsibility for Litigation Expenses and any judgments.

Section 6

Indirect Claims

Indirect Claims. Settlement Review of Indirect Claims shall be subject to the6.1

same options, categorization, evaluation, and payment provisions of these CRP as all other

Unresolved Asbestos Claims, subject to the criteria in this Section 6.

Presumptively Valid Indirect Asbestos Claims. Indirect Claims shall be treated6.2

as presumptively valid and paid by the Settlement Facility if they meet the following

requirements:

Not Disallowed. Such Claim satisfied the requirements of any bar6.2(a)

date for such Claims established by the Bankruptcy Court, if applicable, and is not

otherwise disallowed by section 502(e) of the Bankruptcy Code or subordinated under

section 509(c) of the Bankruptcy Code.

Payment of and Release by Indirect Claimant. The Indirect6.2(b)

Claimant establishes to the satisfaction of the Settlement Facility that (i) the Indirect

Claimant has paid in full the Direct Claimant for which the Settlement Facility would

otherwise have had a liability or obligation under these CRP, (ii) the Direct Claimant

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and the Indirect Claimant have forever and fully released the Settlement Facility from

any liability to the Direct Claimant, and (iii) the Claim is not otherwise barred by a

statute of limitation or repose or by other applicable law.

Establishing Indirect Claim. To establish a presumptively valid6.2(c)

Indirect Claim, the Indirect Claimant’s aggregate liability for the Direct Claimant’s

Claim must also have been fixed, liquidated and paid fully by the Indirect Claimant by

settlement (with an appropriate full release in favor of the Settlement Facility and all

other parties referenced in Section 4.1(c) supra) or a Final Order (as defined in the

Plan) provided that such Claim is valid under applicable law. In any case where the

Indirect Claimant has satisfied the Claim of a Direct Claimant against the Settlement

Facility under applicable law by way of a settlement, the Indirect Claimant shall obtain

for the benefit of the Settlement Facility a release in form and substance satisfactory to

the Settlement Facility.

Otherwise Valid Indirect Claims. If an Indirect Claimant cannot meet the6.3

presumptive requirements set forth above, including the requirement that the Indirect Claimant

provide the Settlement Facility with a full release of the Direct Claimant’s Claim, the Indirect

Claimant may request that the Settlement Facility review the Indirect Claim to determine whether

the Indirect Claimant can establish under applicable state law that the Indirect Claimant has paid

all or a portion of a Direct Claim. If the Indirect Claimant can show that it has paid all or a

portion of such a liability or obligation, the Settlement Facility shall process such Indirect Claim

on the same basis as the Settlement Facility would have processed the underlying Direct Claim in

the absence of payment by such Indirect Claimant to the Direct Claimant. In no event, however,

shall payment to the Indirect Claimant exceed the lesser of (a) the amount to which the Direct

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Claimant would have otherwise been entitled, and (b) the amount paid by such Indirect Claimant

on account of such Direct Claim.

Processing and Payment of Indirect Claims. Indirect Claims that are entitled to6.4

payment from the Settlement Facility shall be processed and paid in accordance with procedures

to be developed and implemented by the Settlement Facility consistent with the provisions of this

Section 6, which procedures shall, consistent with the threshold requirements of this Section 6,

provide the same Basic Review and Comprehensive Review and payment procedures and rights

to the Holders of such Claims as the Settlement Facility would have afforded the Holders of the

underlying Direct Claims.

Section 7

Claim Forms

Claim Forms. The Trustee shall prepare suitable and efficient Claim Forms for7.1

all Unresolved Asbestos Claims consistent with these CRP, and shall post the materials to the

Settlement Facility’s website and provide such Claim Forms upon a written request to the

Settlement Facility for such materials. The Claim Forms shall include such instructions as the

Trustee shall approve. All Claim Forms shall be signed under penalty of perjury.

Filing of Claims. In developing its claim filing procedures, the Settlement7.2

Facility shall make every effort to provide Unresolved Asbestos Claimants with the opportunity

to utilize currently available technology at their discretion, including filing Asbestos Claims and

supporting documentation over the internet and electronically by disk or CD-ROM.

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Modification of Claim Forms. The Trustee may subsequently modify any of the7.3

Claim Forms so long as any modifications are consistent with the goals, principles and

provisions of these CRP.

Reliability of Claim Information. Information submitted in support of an7.4

Asbestos Claim must comply with recognized medical standards (including, but not limited to,

standards regarding equipment, testing methods, and procedures) and legal evidentiary and

authenticity standards.

Copies of Medical Records. Although the Settlement Facility will7.4(a)

not strictly apply rules of evidence, information provided in support of Asbestos Claims

must be reliable and credible so that the Settlement Facility is fully informed regarding

the foundations for facts asserted in support of Claims. The Settlement Facility

normally will accept copies instead of authenticated copies of x-ray reports, laboratory

tests, medical examinations, and other medical records and reviews that otherwise

comply with recognized medical and legal standards unless circumstances indicate that

the copies of the tests, reports, and/or review are not authentic or are otherwise

unreliable.

Other Materials. The Settlement Facility normally will accept7.4(b)

copies instead of authenticated copies of deposition testimony, invoices, affidavits,

business records, deck logs, military service records (including leave records) or other

credible indirect or secondary evidence in a form otherwise acceptable to the Settlement

Facility that establishes an Injured Party’s occupation, occupational history, business or

other losses, or the Injured Party’s presence at a particular ship, facility, job site,

building or buildings, or location during a time period in which the Kaiser Gypsum

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Product was present, unless circumstances show that the information being submitted is

unreliable.

Disregarding Unreliable Evidence. Examples of unreliable7.4(c)

information include where the circumstances raise questions of authenticity of copies or

where Persons preparing Asbestos Claims or verifying facts offered in support of an

Asbestos Claim lack direct knowledge of such facts, but fail to reveal and describe what

facts and how and from what sources they learned those facts, which they relied upon as

the basis for their assertion of such facts. Under these circumstances, the Settlement

Facility shall apply the rules of evidence to exclude and disregard evidence where the

witness or verifying party declines to provide such foundational information; e.g., on

grounds that the information relied upon is privileged or confidential.

Requests for Information by Co-Defendants; Confidentiality of Settlement7.5

Materials. To lower administrative costs caused by third-party requests for information, while

protecting confidential Asbestos Claimant information, the Settlement Facility shall onlymay

publish on its website the names of Claimants (and associated Injured Parties) who file Asbestos

Claims against the Settlement Facility, the last four digits of such individuals’ social security

numbers, their claimed disease, and the nature of their alleged Kaiser Gypsum Product Contact

(including contact group(s) identified by the Claimant and the dates of the alleged contact), the

Claimant’s choice of Settlement Review, the status of the claim, and, if applicable, the

Settlement Offer made and the amount paid to the Claimant. The Settlement Facility reserves all

rights with respect to subpoenas seeking additional information.

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Section 8

Miscellaneous

Medicare Reporting Obligations. In accordance with the provisions of the8.1

Settlement Facility Agreement, the Trustee shall have the authority and discretion to establish

procedures to comply with any reporting obligations that may apply to the Settlement Facility

under 42 U.S.C. § 1395y et seq. or any other similar statute or regulation, and any related rules,

regulations, or guidance issued in connection therewith or relating thereto, including Section 111

of the Medicare, Medicaid, and SCHIP Extension Act of 2008 (P. L. 110-173), or any other

similar statute or regulation, and any related rules, regulations, or guidance issued in connection

therewith or relating thereto. The Trustee will fully cooperate with and share any relevant

information with governmental Entities and any other Entity determined to have a reporting

obligation under such statutes or regulations with respect to payments made by the Settlement

Facility, including any Reorganized Debtor. The Trustee shall also have authority and discretion

to establish procedures reasonably designed to protect the Settlement Facility from any Medicare

reimbursement claims.

With respect to any payments to Asbestos Claimants made by the Settlement Facility, the

Settlement Facility shall act as reporting agent for any Entity having a reporting obligation under

42 U.S.C. § 1395y(b), and any related rules, regulations, or guidance issued in connection

therewith or relating thereto, including Section 111 of the Medicare, Medicaid, and SCHIP

Extension Act of 2008 (P. L. 110-173), or any other similar statute or regulation, and any related

rules, regulations, or guidance issued in connection therewith or relating thereto (“MMSEA”).To

satisfy any reporting obligations and to avoid duplicative reporting by multiple “applicable

plans” (as that term is defined in 42 U.S.C. § 1395y(b)(8) (otherwise known as “RREs”)), the

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Settlement Facility shall, at its sole expense, timely submit on behalf of all RREs of the

Settlement Facility, all reports that are required under MMSEA on account of any claims settled,

resolved, paid, or otherwise liquidated by the Settlement Facility or with respect to contributions

to the Settlement Facility. The Settlement Facility, in its role as agent for any RRE(s), shall

follow all applicable guidance and orders generated by CMS, including in determining how to

report to CMS pursuant to MMSEA. When the Settlement Facility reports a payment from the

Settlement Facility as required under the MMSEA, no other RREs need to report that same

payment under the MMSEA.

Notwithstanding that the Settlement Facility shall act as reporting agent for any RRE(s),

nothing shall relieve any Entities that may be RREs under the reporting provisions of MMSEA,

including without limitation the Released Parties, from any reporting or other obligations they

may have under MMSEA in the event the Settlement Facility fails to report in accordance with

42 U.S.C. § 1395y(b)(8).

If an “applicable plan” within the meaning of 42 U.S.C. § 1395y(b)(8) (including without

limitation the Debtors, the Reorganized Debtors, or their liability insurers) opts to submit its own

reports to CMS under MMSEA, the Settlement Facility shall cooperate with and provide to such

applicable plan, in a timely manner, such information as the applicable plan may require in order

to comply with MMSEA.

Other Provisions Related to Reimbursement Under the MSPS. As a condition8.2

of receiving payment from the Settlement Facility, the Reorganized Debtors, an Asbestos

Insurance Entity, or any “primary plan” within the meaning of 42 U.S.C. § 1395y(b), Asbestos

Claimants must first certify in writing that they will comply with any reimbursement obligations

owing or potentially owing under the MSPS, or related rules, regulations, or guidelines.

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As a condition of receiving payment from the Settlement Facility, the Reorganized

Debtors, an Asbestos Insurance Entity, or any “primary plan” within the meaning of 42 U.S.C. §

1395y(b), Asbestos Claimants must first certify that all information provided to the Settlement

Facility is complete and accurate to the best of the Asbestos Claimants’ knowledge and in

accordance with 28 U.S.C. § 1746. Excessive legal fees may not qualify as a “procurement cost”

within the meaning of 42 C.F.R. § 411.37(a). CMS retains the right to determine the amount by

which any “procurement cost” will reduce the agency’s recovery.

8.2 No Attorney Necessary. These CRP establish an administrative procedure8.3

for making defined payments to Unresolved Asbestos Claimants based on objective criteria.

Furthermore, these CRP are designed so that Unresolved Asbestos Claimants can file their

Asbestos Claims without the assistance of an attorney. The Settlement Facility shall not require

Unresolved Asbestos Claimants to retain an attorney in order to file Asbestos Claims with the

Settlement Facility. In addition, the Trustee shall administer these CRP so as to encourage and

facilitate Unresolved Asbestos Claimants filing Asbestos Claims without the assistance of an

attorney. In no event shall the valuation of any Asbestos Claimant’s Asbestos Claim depend on

the identity of the Asbestos Claimant’s attorney.

8.3 Amendments. Amendments to the CRP shall be governed by the Settlement8.4

Facility Agreement.

8.4 Severability. Should any provision contained in these CRP be determined to8.5

be unenforceable, such determination shall in no way limit or affect the enforceability and

operative effect of any and all other provisions of these CRP.

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8.5 Governing Law. For all purposes, these CRP and their administration shall8.6

be governed by, and construed in accordance with, the internal laws of the State of North

Carolina without regard to its conflict of laws provisions.

8.6 Relation to Other Plan Documents. In the event that these CRP conflict8.7

with the Plan or the Settlement Facility Agreement, the Plan or the Settlement Facility

Agreement, as applicable, shall control.

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APPENDIX I: BASIC REVIEW

Introduction

This Appendix describes how the Settlement Facility will calculate Matrix Amounts

under Basic Review. Nothing herein alters or amends the requirements for Basic Review that are

contained in the CRP.

Under this process, the Settlement Facility will make Settlement Offers to qualifying

Unresolved Asbestos Claimants based on the alleged Injured Party’s (“IP”) demographic and

medical characteristics, the occupation and industry in which they allege contact with Kaiser

Gypsum products, and the time duration working in such occupation and industry (the Basic

Review CRP Amount).

It is anticipated that most Unresolved Asbestos Claimants will receive higher Matrix

Amounts by electing Basic Review rather than Comprehensive Review. Unresolved Asbestos

Claimants whose IP experienced Secondary Kaiser Gypsum Product Contact but not Direct

Kaiser Gypsum Product Contact or Bystander Kaiser Gypsum Product Contact are only eligible

for Basic Review, not Comprehensive Review (though Unresolved Asbestos Claimants who

experienced either Direct Kaiser Gypsum Product Contact or Bystander Kaiser Gypsum Product

Contact in addition to Secondary Kaiser Gypsum Product Contact are eligible for Comprehensive

Review).

To assist Unresolved Asbestos Claimants in making the election between Basic Review

and Comprehensive Review, the Settlement Facility will establish a website containing a

calculator tool that Claimants can use to determine an estimate of the amount such Asbestos

Claimant would receive (assuming the information is verified) if the Asbestos Claimant qualified

for an offer under each of the Basic Review and Comprehensive Review processes.

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To qualify for a Settlement Offer, the Asbestos Claimant must demonstrate that the IP

had at least six (6) months of Kaiser Gypsum Product Contact, as defined in the CRP, and must

meet the medical criteria described herein.

Unresolved Asbestos Claimants alleging pleural mesothelioma, peritoneal mesothelioma,

asbestos-related lung cancer, or asbestos-related laryngeal cancer are eligible for Settlement

Offers calculated under sections I.A, I.B, and I.C. upon meeting the medical criteria described in

I.B.1 below. Unresolved Asbestos Claimants alleging asbestosis, asbestos-related lung cancer,

and asbestos-related laryngeal cancer who meet the medical criteria in I.D below will receive

fixed Settlement Offers.

Occupation and Industry GroupsI.A

The Settlement Facility will determineAsbestos Claimant must identify the IP’s “Contact

Group” based on the IP’s industry and occupation duringasbestos exposure history in which the

IP had Kaiser Gypsum Product Contact. The Contact Groups for each industry and occupation

combination are contained in Appendix III to these CRP or exposure to other asbestos-containing

products. The Contact Groups have been defined based on the potential proximity, frequency,

and intensity of the IP’s contact with asbestos-containing joint compound and other products, as

follows:

Group 1: TBD

Individuals with frequent and significant exposure to sanding, mixing, or removaloof Kaiser joint compound

Exposure to few alternative sources of asbestos all of which occur at significantlyolower frequency and intensity than the Kaiser Gypsum Product Contact

No exposures to asbestos in commercial or industrial settingso

Group 2: TBD

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Individuals with frequent and significant exposure to sanding, mixing, or removaloof Kaiser joint compound

Exposure to few alternative sources of asbestos all of which occur at significantlyolower frequency and intensity than the Kaiser Gypsum Product Contact

No other significant exposures to asbestos in commercial or industrial settingso

Group 3: TBD

Individuals with significant exposure to sanding, mixing, or removal of Kaiserojoint compound

Exposure to some alternative sources of asbestos, including exposure to sanding,omixing, or removal of other manufacturers’ joint compound

No other significant exposures to asbestos other than joint compound inocommercial or industrial settings and no exposure to non-chrysotile asbestos

Group 4: TBD

Individuals with significant exposure to sanding, mixing, or removal of Kaiserojoint compound

Exposure to some alternative sources of asbestos, including exposure to sanding,omixing, or removal of other manufacturers’ joint compound

No significant exposures to non-chrysotile asbestoso

Group 5: TBD

Individuals with exposure to sanding, mixing, or removal of Kaiser Gypsum jointocompound

Exposure to several sources of asbestoso

May have significant exposures to non-chrysotile asbestoso

The Settlement Facility will offer Unresolved Asbestos Claimants in each Contact Group

a settlement no higher than the maximum settlement value allowed for the Contact Group (the

“Maximum Settlement”):

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Contact Group Maximum Settlement

Group 1 $[TBD]1,000,000Group 2 $[TBD]$500,000Group 3 $[TBD]300,000Group 4 $[TBD]100,000Group 5 $[TBD]5,000

In Groups 1, 2, 3, and 4, the Asbestos Claimant’s Basic Review Settlement Offer will be

the Maximum Settlement for the Asbestos Claimant’s Contact Group multiplied by the IP

Factors Index described below. The IP Factors Index varies based on the IP’s alleged disease and

medical information, demographic characteristics, economic loss (if Claimant elects to report and

document any), and the length of time the IP spent in the activity or activities in which the

alleged Kaiser Gypsum Product Contact occurred. In Group 5, the Asbestos Claimant’s Basic

Review Settlement Offer will be the Maximum Settlement for Group 5, without a discount based

on the IP Factors Index.

If the IP had Kaiser Gypsum Product Contact in more than one Contact Group, then the

Settlement Facility will calculate a separate Settlement Offer based on the IP’s time in each

Contact Group (taking into account all years in that Contact Group, whether in the same or

different industries/occupations and whether or not continuous) by calculating a separate IP

Factors Index for each Contact Group and multiplying it by the Maximum Settlement for that

Contact Group (or, in the case of Group 5, assigning a settlement value of $[____]). The

Settlement Facility will offer the Claimant the highest of the Settlement Offers yielded by this

calculation.

Alleged Injured Party Factors IndexI.B

The Settlement Facility will calculate an IP Factors Index by calculating the Medical

Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss Factor,

and Duration of Kaiser Gypsum Product Contact Factor according to the rules set forth below.

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Medical Information FactorI.B.1

The Settlement Facility will assign a Medical Information Factor based on the

following medical criteria (Unresolved Asbestos Claimants who meet none of these criteria

receive a Medical Information Factor of 0):

Pleural Mesothelioma (Medical Information Factor = 1.0)

Diagnosis of diffuse malignant mesothelioma originating in the pleura by a1.

board-certified pathologist.

Either:2.

An affirmation that the Injured Party is being treated for diffuse malignanta.

mesothelioma originating in the pleura as of the date the Asbestos Claim is submitted; or

A death certificate indicating the cause of death is diffuse malignantb.

mesothelioma originating in the pleura.

Peritoneal Mesothelioma (Medical Information Factor = 0.34)

Diagnosis of diffuse malignant mesothelioma originating in the peritoneum by a1.

board-certified pathologist.

Either:2.

An affirmation that the Injured Party is being treated for diffuse malignanta.

mesothelioma originating in the peritoneum as of the date the Asbestos Claim is

submitted; or

A death certificate indicating the cause of death is diffuse malignantb.

mesothelioma originating in the peritoneum.

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Asbestos-Related Lung Cancer (Medical Information Factor = 0.1)

Diagnosis of primary lung cancer by board-certified pathologist, internist, pulmonologist,1.

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer.

Credible evidence that the Injured Party never smoked or used tobacco products.2.

Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.3.

A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified4.

internist and must be supported by either pathology or radiology:

If by pathology, a board-certified pathologist must diagnose asbestosis pursuant toa.

the histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of

the Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

If by radiology, the Asbestos Claimant must provide a roentgenographicb.

interpretation report of a NIOSH-certified B-reader verifying that the Injured Party has a

quality 1 or 2 chest x-ray that has been read by a certified B-reader according to the ILO

system of classification as showing bilateral small irregular opacities (s, t, or u) with a

profusion grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0

or greater (Section 2B of the current NIOSH form).

An elevated amphibole lung tissue fiber burden must be documented by the report of a5.

board-certified pathologist of a retained amphibole asbestos fiber burden determined by a

laboratory employing procedures and the method of determining reference range values described

in Roggli, et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the

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Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology

Society, Arch Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report

either:

Aretained amphibole fiber count equivalent to at least 1 million amphibole fibersa.

greater than 5 microns in length per gram of dry lung tissue (values reported as fibers

greater than 5 microns in length per gram wet lung may be multiplied by a factor of 10 to

convert to dry lung measurement); or

A retained amphibole fiber count within the reference range values of the testingb.

laboratory for bona fide cases of asbestosis.

Asbestos-Related Laryngeal Cancer (Medical Information Factor = 0.1)

Diagnosis of laryngeal cancer by board-certified pathologist, internist, pulmonologist,1.

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer.

Credible evidence that the Injured Party never smoked or used tobacco products.2.

Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.3.

A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified4.

internist and must be supported by either pathology or radiology:

If by pathology, a board-certified pathologist must diagnose asbestosis pursuant toa.

the histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of

the Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

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If by radiology, the Claimant must provide a roentgenographic interpretationb.

report of a NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2

chest x-ray that has been read by a certified B-reader according to the ILO system of

classification as showing bilateral small irregular opacities (s, t, or u) with a profusion

grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0 or greater

(Section 2B of the current NIOSH form).

An elevated amphibole lung tissue fiber burden must be documented by the report of a5.

board-certified pathologist of a retained amphibole asbestos fiber burden determined by a

laboratory employing procedures and the method of determining reference range values described

in Roggli, et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the

Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology

Society, Arch Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report

either:

Aretained amphibole fiber count equivalent to at least 1 million amphibole fibersa.

greater than 5 microns in length per gram of dry lung tissue (values reported as fibers

greater than 5 microns in length per gram wet lung may be multiplied by a factor of 10 to

convert to dry lung measurement); or

A retained amphibole fiber count within the reference range values of the testingb.

laboratory for bona fide cases of asbestosis.

Age FactorI.B.2

Unresolved Asbestos Claimants with younger IPs receive higher Settlement

Offers than Claimants with older IPs. The Settlement Facility will determine the Age Factor

based on the earlier of the IP’s diagnosis date and death date (the “IP Age”). The Settlement

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Facility will assign an Age Factor of 1 for an IP Age of 75. The Settlement Facility will decrease

the Age Factor by 0.015 for every IP Age year above 75, but will not decrease the Age Factor

below 0.7. The Settlement Facility will increase the Age Factor by 0.015 for every IP Age year

below 75, but will not increase the Age Factor above 1.4.

Life Status FactorI.B.3

If the IP is alive at the time the Claim Form is filed with the Settlement Facility,

the Settlement Facility will assign a Life Status Factor of 1.3. If the IP is deceased at the time the

Claim Form is filed with the Settlement Facility, the Settlement Facility will assign a Life Status

Factor of 1.

Dependents FactorI.B.4

If the IP does not have a spouse or other dependents (minor children, adult

disabled dependent children, or dependent minor grandchildren) as of the date the Claim Form is

filed with the Settlement Facility, the Settlement Facility will assign a Dependents Factor of 0.8.

If the IP has a spouse but no other dependents as of the date the Claim Form is filed with the

Settlement Facility, the Settlement Facility will assign a Dependents Factor of 1. Finally, if the

IP has dependents (minor children, adult disabled dependent children, or dependent minor

grandchildren) living with the IP at the time the Claim Form is filed with the Settlement Facility,

the Settlement Facility will assign a Dependents Factor of 1.5.

Economic Loss FactorI.B.5

Unresolved Asbestos Claimants may elect (but are not required) to document economic

losses related to the IP’s loss of earnings, pension, social security, home services, medical

expenses, and funerary expenses. If the Asbestos Claimant does not document economic loss or

for which the economic loss amount is $200,000 or less, the Settlement Facility will assign an

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Economic Loss Factor of 1.0. If the documented economic loss amount is greater than $200,000,

the Settlement Facility will adjust the Economic Loss Factor upward by 0.001 for every thousand

dollars of economic loss over $200,000, up to a maximum Economic Loss Factor of 2. All

claimed economic loss over $200,000 must be supported by adequate documentation.

Duration of Kaiser Gypsum Product Contact FactorI.B.6

If the IP spent 10 years or more performing the activity or activities in which he

had Kaiser Gypsum Product Contact in the Contact Group, the Settlement Facility will assign a

Duration of Kaiser Gypsum Product Contact Factor of 1. If the IP spent less than 10 years

performing the activity or activities in which he had Kaiser Gypsum Product Contact in the

Contact Group, the Settlement Facility will assign a Duration of Kaiser Gypsum Product Contact

Factor decreased downward by 0.1 for every year under 10 years.

Calculation of IP Factors IndexI.B.7

To calculate the IP Factors Index, the Settlement Facility will multiply the

Medical Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss

Factor, and Duration of Kaiser Gypsum Product Contact Factor, and divide by 5.46, which is the

maximum possible value of the product of those factors.2 The range of the IP Factors Index is

[0%] to 100%.

Settlement Offer DeterminationI.C

For Groups 1, 2, 3, and 4, the Settlement Facility will determine the Basic Review Matrix

Amount by multiplying the Maximum Settlement for the Claimant’s Contact Group by the IP

Factors Index. For Group 5, the Settlement Offer in Basic Review is [$___]$5,000 multiplied by

the Medical Information Factor.

2 5.46 = 1.0 (Medical Information Factor) x 1.3 (Life Status Factor) x 1.5 (Dependents Factor) x 1.4 (Age Factor) x 2.0 (Economic Loss Factor) x 1.0 (Duration of Kaiser Product Contact Factor).

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If the IP had Kaiser Gypsum Product Contact in more than one Contact Group, then the

Settlement Facility will determine a separate Settlement Offer based on the IP’s time in each

Contact Group (taking into account all years in that Contact Group, whether in the same or

different industries/occupations and whether or not continuous) by calculating a separate IP

Factors Index for each Contact Group and multiplying it by the Maximum Settlement for that

Contact Group (or, in the case of Group 5, assigning a value of [$____]$5,000 multiplied by the

Medical Information Factor). (For example, if the IP had five years in Group 1 and ten years in

Group 2, the Settlement Facility will calculate separate Settlement Offers for the time in Group 1

and the time in Group 2.) The Settlement Facility will offer the Asbestos Claimant the highest of

the settlements yielded by this calculation.

If the calculation for any Asbestos Claimant who meets the medical criteria in Section

I.B.1 is less than [$____]$5,000 multiplied by the Medical Information Factor, the Settlement

Facility will offer the Asbestos Claimant [$____].$5,000 multiplied by the Medical Information

Factor.

Medical Criteria for Fixed PaymentI.D

Claimants alleging asbestosis or who allege asbestos-related laryngeal cancer or lung

cancer but do not meet the criteria in I.B.1 will receive a fixed Settlement Offer upon

demonstrating at least six months of Kaiser Gypsum Product Contact and meeting the following

medical criteria:

Asbestos-Related Lung Cancer ([$____]500 payment)

Diagnosis of primary lung cancer by board-certified pathologist, internist, pulmonologist,1.

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer.

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Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.2.

A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified3.

internist and must be supported by either pathology or radiology:

If by pathology, a board-certified pathologist must diagnose asbestosis pursuant toa.

the histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of

the Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

If by radiology, the Asbestos Claimant must provide a roentgenographicb.

interpretation report of a NIOSH-certified B-reader verifying that the Injured Party has a

quality 1 or 2 chest x-ray that has been read by a certified B-reader according to the ILO

system of classification as showing bilateral small irregular opacities (s, t, or u) with a

profusion grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0

or greater (Section 2B of the current NIOSH form).

An elevated amphibole lung tissue fiber burden may be documented by the report of a4.

board-certified pathologist of a retained amphibole asbestos fiber burden determined by a

laboratory employing procedures and the method of determining reference range values described

in Roggli, et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the

Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology

Society, Arch Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report

either:

Aretained amphibole fiber count equivalent to at least 1 million amphibole fibersa.

greater than 5 microns in length per gram of dry lung tissue (values reported as fibers

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greater than 5 microns in length per gram wet lung may be multiplied by a factor of 10 to

convert to dry lung measurement); or

A retained amphibole fiber count within the reference range values of the testingb.

laboratory for bona fide cases of asbestosis.

Asbestos-Related Laryngeal Cancer ([$____]500 payment)

Diagnosis of laryngeal cancer by board-certified pathologist, internist, pulmonologist,1.

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer.

Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.2.

A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified3.

internist and must be supported by either pathology or radiology:

If by pathology, a board-certified pathologist must diagnose asbestosis pursuant toa.

the histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of

the Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010; or

If by radiology, the Claimant must provide a roentgenographic interpretationb.

report of a NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2

chest x-ray that has been read by a certified B-reader according to the ILO system of

classification as showing bilateral small irregular opacities (s, t, or u) with a profusion

grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0 or greater

(Section 2B of the current NIOSH form).

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An elevated amphibole lung tissue fiber burden may be documented by the report of a4.

board-certified pathologist of a retained amphibole asbestos fiber burden determined by a

laboratory employing procedures and the method of determining reference range values described

in Roggli, et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the

Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology

Society, Arch Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report

either:

Aretained amphibole fiber count equivalent to at least 1 million amphibole fibersa.

greater than 5 microns in length per gram of dry lung tissue (values reported as fibers

greater than 5 microns in length per gram wet lung may be multiplied by a factor of 10 to

convert to dry lung measurement); or

A retained amphibole fiber count within the reference range values of the testingb.

laboratory for bona fide cases of asbestosis.

Asbestosis ([$____]250 payment)

Diagnosis of bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of1.

asbestos fibers, by board-certified pulmonologist, internist, or occupational medicine physician,

based on either:

A quality 1 or 2 chest x-ray that has been read by a certified B-reader according toa.

the ILO system of classification as showing: bilateral small irregular opacities (s, t, or u)

with a profusion grading of 1/0 or higher; or

Pathological asbestosis graded 1(B) or higher under the criteria published inb.

“Asbestos-Associated Diseases,” 106 Archives of Pathology and Laboratory Medicine 11,

Appendix 3 (October 8, 1982).

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In addition to (1), asbestos-related pulmonary impairment, as demonstrated by pulmonary2.

function testing showing either:

Forced vital capacity below the lower limit of normal or below 80 percent ofa.

predicted and FEV1/FVC ratio (using actual values) at or above the lower limit of normal

or at or above 65 percent; or

Total lung capacity, by plethysmography or timed gas dilution, below the lowerb.

limit of normal or below 80 percent of predicted.

If the pulmonary impairment standards are not met, verification that the Injured Party has3.

a quality 1 or 2 chest x-ray that has been read by a certified B-reader according to the ILO system

of classification as showing bilateral small irregular opacities (s, t, or u) with a profusion grading

of 2/1 or higher.

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APPENDIX II: COMPREHENSIVE REVIEW

Section II

Introduction

This Appendix describes how the Settlement Facility will calculate Matrix Amounts for

Unresolved Asbestos Claimants electing Comprehensive Review. Unresolved Asbestos

Claimants alleging pleural mesothelioma, peritoneal mesothelioma, asbestos-related lung cancer,

and asbestos-related laryngeal cancer may elect Comprehensive Review. Claimants whose IP

only experienced Secondary Kaiser Gypsum Product Contact are not eligible for Comprehensive

Review. Nothing herein alters or amends the requirements for Comprehensive Review that are

contained in the CRP.

Under Comprehensive Review, qualifying Unresolved Asbestos Claimants will receive a

Settlement Offer based on the alleged IP’s demographic and medical characteristics, the IP’s

complete job and exposure history, and information regarding the Claimant’s claim(s) in the tort

system.

In Comprehensive Review, the maximum allowed Settlement Offer (the “Maximum

Settlement”) is $[_____].2,500,000. The Settlement Facility will use information provided by

the Claimant to calculate three indices that, together, determine the percentage of the Maximum

Settlement that the Settlement Facility will offer the Asbestos Claimant. The indices are the IP

Factors Index, the Kaiser Gypsum Contact Index, and the Non-Kaiser Gypsum Exposure Index.

These indices are defined below.

Although some Unresolved Asbestos Claimants (who have a small number of alternative

sources of exposure) will receive higher Matrix Amounts by electing Comprehensive Review, it

is anticipated that most Unresolved Asbestos Claimants will receive higher Settlement Offers by

electing Basic Review. To assist Unresolved Asbestos Claimants in making this election, the

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Settlement Facility will establish a website containing a calculator tool that Unresolved Asbestos

Claimants can use to determine an estimate of the amount such Asbestos Claimant would receive

(assuming the information is verified) if the Asbestos Claimant qualified for an offer under each

of the Basic Review and Comprehensive Review processes.

To qualify for a Settlement Offer, the Asbestos Claimant must demonstrate that the IP

had at least six months of Kaiser Gypsum Product Contact, as defined in the CRP, and must meet

the medical criteria described herein.

Alleged Injured Party Factors IndexII.A

The Settlement Facility shall calculate an IP Factors Index by first calculating the Medical

Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss Factor,

and Jurisdiction Factor according to the rules set forth below.

Medical Information FactorII.A.1

The Settlement Facility will assign a Medical Information Factor based on the

following medical criteria (Unresolved Asbestos Claimants who meet none of these criteria

receive a Medical Information Factor of 0 in Comprehensive Review):

Pleural Mesothelioma (Medical Information Factor = 1.0)

Diagnosis of diffuse malignant mesothelioma originating in the pleura by a1.

board-certified pathologist.

Either:2.

An affirmation that the Injured Party is being treated for diffuse malignanta.

mesothelioma originating in the pleura as of the date the Asbestos Claim is submitted; or

A death certificate indicating the cause of death is diffuse malignantb.

mesothelioma originating in the pleura.

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Peritoneal Mesothelioma (Medical Information Factor = 0.34)

Diagnosis of diffuse malignant mesothelioma originating in the peritoneum by a1.

board-certified pathologist.

Either:2.

An affirmation that the Injured Party is being treated for diffuse malignanta.

mesothelioma originating in the peritoneum as of the date the Asbestos Claim is

submitted; or

A death certificate indicating the cause of death is diffuse malignantb.

mesothelioma originating in the peritoneum.

Asbestos-Related Lung Cancer (Medical Information Factor = 0.1)

Diagnosis of primary lung cancer by board-certified pathologist, internist, pulmonologist,1.

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer and either affirming

that the laryngeal cancer is likely not survivable or enclosing a death certificate indicating cause

of death is laryngeal cancer.

Credible evidence that the Injured Party never smoked or used tobacco products.2.

Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.3.

A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified4.

internist and must be supported by either pathology or radiology:

If by pathology, a board-certified pathologist must diagnose asbestosis pursuant toa.

the histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of

the Diagnostic Criteria Report of the Asbestosis Committee of the College of American

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Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010;

If by radiology, the Asbestos Claimant must provide a roentgenographicb.

interpretation report of a NIOSH-certified B-reader verifying that the Injured Party has a

quality 1 or 2 chest x-ray that has been read by a certified B-reader according to the ILO

system of classification as showing bilateral small irregular opacities (s, t, or u) with a

profusion grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0

or greater (Section 2B of the current NIOSH form).

An elevated amphibole lung tissue fiber burden may be documented by the report of a5.

board-certified pathologist of a retained amphibole asbestos fiber burden determined by a

laboratory employing procedures and the method of determining reference range values described

in Roggli, et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the

Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology

Society, Arch Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report

either:

Aretained amphibole fiber count equivalent to at least 1 million amphibole fibersa.

greater than 5 microns in length per gram of dry lung tissue (values reported as fibers

greater than 5 microns in length per gram wet lung may be multiplied by a factor of 10 to

convert to dry lung measurement); or

A retained amphibole fiber count within the reference range values of the testingb.

laboratory for bona fide cases of asbestosis.

Asbestos-Related Laryngeal Cancer (Medical Information Factor = 0.1)

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Diagnosis of laryngeal cancer by board-certified pathologist, internist, pulmonologist,1.

medical oncologist, surgical oncologist, or occupational medicine physician, affirming that

asbestos exposure was a substantial cause of the Injured Party’s lung cancer, and either affirming

that the laryngeal cancer is likely not survivable or enclosing a death certificate indicating cause

of death is laryngeal cancer.

Credible evidence that the Injured Party never smoked or used tobacco products.2.

Either (a) diagnosis of asbestosis or, (b) an elevated amphibole lung tissue fiber burden.3.

A diagnosis of asbestosis must be by a board-certified pulmonologist or board-certified4.

internist and must be supported by either pathology or radiology:

If by pathology, a board-certified pathologist must diagnose asbestosis pursuant toa.

the histologic criteria outlined in Roggli, et al., Pathology of Asbestosis—An Update of

the Diagnostic Criteria Report of the Asbestosis Committee of the College of American

Pathologists and Pulmonary Pathology Society, Arch Pathol Lab Med—Vol 134, March

2010;

If by radiology, the Claimant must provide a roentgenographic interpretationb.

report of a NIOSH-certified B-reader verifying that the Injured Party has a quality 1 or 2

chest x-ray that has been read by a certified B-reader according to the ILO system of

classification as showing bilateral small irregular opacities (s, t, or u) with a profusion

grading of 1/0 or higher finding bilateral interstitial infiltrative profusion of 1/0 or greater

(Section 2B of the current NIOSH form).

An elevated amphibole lung tissue fiber burden may be documented by the report of a5.

board-certified pathologist of a retained amphibole asbestos fiber burden determined by a

laboratory employing procedures and the method of determining reference range values described

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in Roggli, et al., Pathology of Asbestosis—An Update of the Diagnostic Criteria Report of the

Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology

Society, Arch Pathol Lab Med—Vol 134, March 2010. The laboratory findings must report

either:

Aretained amphibole fiber count equivalent to at least 1 million amphibole fibersa.

greater than 5 microns in length per gram of dry lung tissue (values reported as fibers

greater than 5 microns in length per gram wet lung may be multiplied by a factor of 10 to

convert to dry lung measurement); or

A retained amphibole fiber count within the reference range values of the testingb.

laboratory for bona fide cases of asbestosis.

Age FactorII.A.2

Claimants with younger IPs receive higher Settlement Offers than Claimants with

older IPs. The Settlement Facility will determine the Age Factor based on the earlier of the IP’s

diagnosis date and death date (the “IP Age”). The Settlement Facility will assign an Age Factor

of 1 for an IP Age of 75. The Settlement Facility will decrease the Age Factor by 0.015 for every

IP Age year above 75, but will not decrease the Age Factor below 0.7. The Settlement Facility

will increase the Age Factor by 0.015 for every IP Age year below 75, but will not increase the

Age Factor above 1.4.

Life Status FactorII.A.3

If the IP is alive at the time the Claim Form is filed with the Settlement Facility,

the Settlement Facility will assign a Life Status Factor of 1.3. If the IP is deceased at the time the

Claim Form is filed with the Settlement Facility, the Settlement Facility will assign a Life Status

Factor of 1.

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Dependents FactorII.A.4

If the IP does not have a spouse or other dependents (minor children, adult

disabled dependent children, or dependent minor grandchildren) as of the date the Claim Form is

filed with the Settlement Facility, the Settlement Facility will assign a Dependents Factor of 0.8.

If the IP has a spouse but no other dependents as of the date the Claim Form is filed with the

Settlement Facility, the Settlement Facility will assign a Dependents Factor of 1. Finally, if the

IP has dependents (minor children, adult disabled dependent children, or dependent minor

grandchildren) living with the IP at the time the Claim Form is filed with the Settlement Facility,

the Settlement Facility will assign a Dependents Factor of 1.5.

Economic Loss FactorII.A.5

Claimants may elect (but are not required) to document economic losses related to

the IP’s loss of earnings, pension, social security, home services, medical expenses, and funerary

expenses. If the Claimant does not document economic loss or for which the economic loss

amount is $200,000 or less, the Settlement Facility will assign an Economic Loss Factor of 1.0. If

the documented economic loss amount is greater than $200,000, the Settlement Facility will

adjust the Economic Loss Factor upward by 0.001 for every thousand dollars of economic loss

over $200,000, up to a maximum Economic Loss Factor of 2. All claimed economic loss over

$200,000 must be supported by adequate documentation.

Jurisdiction FactorII.A.6

If the Claimant has filed a lawsuit in the tort system based on the injury that is the

subject of the Unresolved Asbestos Claim, the Settlement Facility will assign a Jurisdiction

Factor based on the state where the lawsuit was filed, assigning a Jurisdiction Factor of 1 for

states in Region 1; a Jurisdiction Factor of [TBD] for states in Region 2; and a Jurisdiction Factor

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of [TBD] for states in Region 3. If the Claimant has not filed a lawsuit in the tort system based

on the injury that is the subject of the Unresolved Asbestos Claim, the Settlement Facility will

assign a Jurisdiction Factor based on the IP’s residence or location of Kaiser Gypsum Product

Contact, whichever yields the higher Jurisdiction Factor.

RegionJurisdiction

FactorStates

Region 1 [TBD]1.0 [TBD]CA, FL, MD, NJ, NY, PARegion 2 [TBD]0.66 [TBD]AZ, CO, DC, HI, LA, NM, NV, UTRegion 3 [TBD]0.33 [TBD]Others

Calculation of IP Factors IndexII.A.7

To calculate the IP Factors Index, the Settlement Facility will multiply the

Medical Information Factor, Age Factor, Life Status Factor, Dependents Factor, Economic Loss

Factor, and Jurisdiction Factor, and divide by [TBD],5.46, which is the maximum possible value

of the product of those factors.3 The range of the IP Factors Index is 0% to 100%.

Kaiser Gypsum Contact IndexII.B

To receive a Settlement Offer under Comprehensive Review, the Claimant must have

Kaiser Gypsum Product Contact as defined in the CRP. Further, the Settlement Facility will

calculate the Kaiser Gypsum Contact Index based on the IP’s contact with asbestos-containing

Kaiser Gypsum Products. It has two components: contact group and length, and contact source.

This procedure calculates a factor for each of these two components, which multiplied together

form the Kaiser Gypsum Contact Index. The two components of this index are defined below.

Contact Group and LengthII.B.1

The Settlement Facility will classify each of the IP’s job or contact spells in which

he had Kaiser Gypsum Product Contact inIP into one of five Contact Groups, based on the

industry and occupation of that spell. The Contact Groups are contained in Appendix III to these

3 5.46 = 1.0 (Medical Information Factor) x 1.3 (Life Status Factor) x 1.5 (Dependents Factor) x 1.4 (Age Factor) x 2.0 (Economic Loss Factor) x 1.0 (Jurisdiction Factor).

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CRPIP’s exposure history. The Contact Groups have been defined based on the potential

frequency and intensity of the IP’s contact with Kaiser Gypsum’s asbestos-containing joint

compound products and the asbestos-containing products of other manufacturers, as follows:

Group 1: TBD

Individuals with frequent and significant exposure to sanding, mixing, or removaloof Kaiser joint compound

Exposure to few alternative sources of asbestos all of which occur at significantlyolower frequency and intensity than the Kaiser Gypsum Product Contact

No exposures to asbestos in commercial or industrial settingso

Group 2: TBD

Individuals with frequent and significant exposure to sanding, mixing, or removaloof Kaiser joint compound

Exposure to few alternative sources of asbestos all of which occur at significantlyolower frequency and intensity than the Kaiser Gypsum Product Contact

No other significant exposures to asbestos in commercial or industrial settingso

Group 3: TBD

Individuals with significant exposure to sanding, mixing, or removal of Kaiserojoint compound

Exposure to some alternative sources of asbestos, including exposure to sanding,omixing, or removal of other manufacturers’ joint compound

No other significant exposures to asbestos other than joint compound inocommercial or industrial settings and no exposure to non-chrysotile asbestos

Group 4: TBD

Individuals with significant exposure to sanding, mixing, or removal of Kaiserojoint compound

Exposure to some alternative sources of asbestos, including exposure to sanding,omixing, or removal of other manufacturers’ joint compound

No significant exposures to non-chrysotile asbestoso

Group 5: TBD

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Individuals with exposure to sanding, mixing, or removal of Kaiser Gypsum jointocompound

Exposure to several sources of asbestoso

May have significant exposures to non-chrysotile asbestoso

Spells in each Contact Group areThe IP is assigned a Contact Group Factor, according to

the following table.

Contact Group Contact Group Factor

Group 1 [TBD]1Group 2 [TBD]0.5Group 3 [TBD]0.3Group 4 [TBD]0.1Group 5 [TBD]0.005

Contact SourceII.B.2

For each Kaiser Gypsum Product Contact spell, theThe Settlement Facility will

assign a Contact Source Factor of 1.0 if the IP had Direct Kaiser Gypsum Product Contact, a

Contact Source Factor of 0.1 if the IP had Bystander Kaiser Gypsum Product Contact but no

significant Direct Kaiser Gypsum Product Contact, and a Contact Source Factor of 0.10.05 if the

IP had Bystander Kaiser Gypsum Product Contact, and a Contact Source Factor of 0.05 if the IP

had Secondary Kaiser Gypsum Product Contact but no significant Direct or Bystander Kaiser

Gypsum Product Contact.

Kaiser Gypsum Contact Index CalculationII.B.3

The Settlement Facility will calculate the Kaiser Gypsum Contact Index by

selectingmultiplying the ten Kaiser Gypsum Product Contact years with(up to ten years) by the

highest Contact Group Factor and by the Contact Source Factor (multiplied together). If the IP

had fewer than ten Kaiser Gypsum Product Contact years, the Settlement Facility will perform

the calculation using all Kaiser Gypsum Product Contact years available. Then, to calculate the

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total Kaiser Gypsum Contact Index, the Settlement Facility will multiply the Contact Group

Factor, the spell duration in years, and the Contact Source Factor for the selected years, and

divide that by 10 (the highest possible product of those factors). The Kaiser Gypsum Contact

Index may range from 0% to 100%.

II.C Non-Kaiser Gypsum Exposure Index

The Non-Kaiser Gypsum Exposure Index takes into account the asbestos exposure the IP

experienced from other parties’ products. The Settlement Facility will calculate the Non-Kaiser

Gypsum Exposure Index as the geometric mean of two indices: the Alternative Exposure Index

and the Codefendant and Other Parties’ Contribution Index. The Non-Kaiser Gypsum Exposure

Index ranges between 0% and 100%.

II.C.1 Alternative Exposure Index

The Alternative Exposure Index takes into account the IP’s exposure to other

sources of asbestos. Each industry/occupation combination in Appendix III has an Alternative

Exposure Intensity Factor assigned, based on the relative exposure to asbestos-containing

products other than joint compound in that industry and occupation:

Intensity LevelAlternative Exposure

Intensity Factor

High [TBD]Medium [TBD]

Low [TBD]Very Low [TBD]

Periods of Secondary Kaiser Gypsum Product Contact will be assigned an Alternative Exposure

Intensity Factor of [TBD].

The Settlement Facility will calculate the Alternative Exposure Index by multiplying the

number of years the IP spent in each industry and occupation by the Alternative Exposure

Intensity Factor related to that industry and occupation; summing together the result for all spells;

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and then dividing one by that result. For example, if an IP spent one year as a foundry worker in

the textile industry and one year as a heavy equipment operator in the aerospace industry, his

Alternative Exposure Index would be (1 / (1*[TBD] + 1*[TBD])) = [TBD]. If, however, the

result of this calculation is greater than 1, it will be deemed to equal 1.

The Alternative Exposure Index ranges between 0% and 100%, with Claimants whose IP

had industry/occupation combinations with lower alternative exposures closer to 100%.

II.C.2 Codefendant and Other Parties’ Contribution IndexII.C

The Settlement Facility will calculate the Codefendant and Other Parties’

Contribution Index based on the number of companies that contributed to the IP’s exposure to

asbestos-containing products. Based on information provided by the Claimant in compliance

with the CRP, the Settlement Facility will calculate the total number of such parties as (a) the

number of companies whose products are identified as a source of the IP’s asbestos exposure in

tort discovery (including in interrogatory answers and depositions); (b) if not already included in

(a), the number of Other Trusts where the Claimant has filed or expresses an intention to file a

claim; and (c) if not already included in (a) or (b), the asbestos defendants in whose bankruptcy

proceedings the Claimant cast a ballot, unless the Claimant verifies that he will not file a claim

against such defendant’s trust. The Settlement Facility will calculate the Codefendant and Other

Parties’ Contribution Index as the inverse of the number of contributing parties. The

Codefendant and Other Parties’ Contribution Index ranges between 0% and 100%, with Claims

where no other parties contributed to the IP’s asbestos exposure receiving a Codefendant and

Other Parties’ Contribution Index of 100%.

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Finally, to calculate the Non-Kaiser Gypsum Exposure Index, the Settlement

Facility will calculate the geometric mean (that is, the square root of the product) of the

Alternative Exposure Index and the Codefendant and Other Parties’ Contribution Index.

Settlement Offer DeterminationII.D

To calculate the Settlement Offer under Comprehensive Review, the Settlement Facility

will multiply the Maximum Settlement in Comprehensive Review ($[_____]2,500,000) by the

product of the IP Factors Index, the Kaiser Gypsum Contact Index, and the Non-Kaiser Gypsum

ExposureCodefendant and Other Parties’ Contribution Index.

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APPENDIX III: INDUSTRY/OCCUPATION CLASSIFICATIONINTO CONTACT GROUPS

Occupation IndustryContact Group

Alternative Exposure Intensity Factor

N-01 BOILER TECHNICIAN I-18 U.S. NAVY

N-02 BOILER MAKER I-18 U.S. NAVY

N-03 DAMAGE CONTROLMAN I-18 U.S. NAVY

N-04 ELECTRICIAN’S MATE I-18 U.S. NAVY

N-05 ENGINEMAN I-18 U.S. NAVY

N-06 FIREMAN I-18 U.S. NAVY

N-07 GAS TURBINE SYSTEM TECHNICIAN I-18 U.S. NAVY

N-08 HULL MAINTENANCE TECHNICIAN I-18 U.S. NAVY

N-09 INTERIOR COMMUNICATIONS ELECTRICIAN I-18 U.S. NAVY

N-10 INSTRUMENTMAN I-18 U.S. NAVY

N-11 MOLDER I-18 U.S. NAVY

N-12 MACHINIST’S MATE I-18 U.S. NAVY

N-13 MACHINERY REPAIRMAN I-18 U.S. NAVY

N-14 OPTICALMAN I-18 U.S. NAVY

N-15 PATTERNMAKER I-18 U.S. NAVY

N-16 PIPEFITTER I-18 U.S. NAVY

N-17 OTHER (DESCRIBE) I-18 U.S. NAVY

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY)

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-02 ASBESTOS ABATEMENT / REMOVAL

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-03 AEROSPACE / AVIATION

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-04 ASBESTOS MINING

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-05 AUTOMOTIVE

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-06 CHEMICAL

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-07 CONSTRUCTION TRADES

O-01 NON-OCCUPATIONAL I-08 IRON / STEEL

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/ RESIDENTIAL / DO-IT-YOURSELF (DIY)O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-09 LONGSHORE

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-10 MARITIME

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-11 MILITARY (OTHER THAN U.S. NAVY)

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY)

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-13 PETROCHEMICAL

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-14 RAILROAD

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-16 TEXTILE

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-17 TIRE / RUBBER

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-18 U.S. NAVY

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-19 UTILITIES

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY)

I-20 ASBESTOS MANUFACTURE OR MILLING

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-21 N/A

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-22 OTHER

O-01 NON-OCCUPATIONAL / RESIDENTIAL / DO-IT-YOURSELF (DIY) I-23 UNKNOWN

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

III- 2

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Alternative Exposure Intensity Factor

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-02 ASBESTOS ABATEMENT / REMOVAL

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-03 AEROSPACE / AVIATION

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-04 ASBESTOS MINING

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-05 AUTOMOTIVE

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-06 CHEMICAL

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-07 CONSTRUCTION TRADES

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-08 IRON / STEEL

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-09 LONGSHORE

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-10 MARITIME

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-11 MILITARY (OTHER THAN U.S. NAVY)

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-13 PETROCHEMICAL

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-14 RAILROAD

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-16 TEXTILE

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-17 TIRE / RUBBER

O-02 AIR CONDITIONING AND HEATING INSTALLER /

I-18 U.S. NAVY

III- 3

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Alternative Exposure Intensity Factor

MAINTENANCEO-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-19 UTILITIES

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE

I-20 ASBESTOS MANUFACTURE OR MILLING

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-21 N/A

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-22 OTHER

O-02 AIR CONDITIONING AND HEATING INSTALLER / MAINTENANCE I-23 UNKNOWN

O-03 ASBESTOS MINERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-03 ASBESTOS MINER I-02 ASBESTOS ABATEMENT / REMOVAL

O-03 ASBESTOS MINER I-03 AEROSPACE / AVIATION

O-03 ASBESTOS MINER I-04 ASBESTOS MINING

O-03 ASBESTOS MINER I-05 AUTOMOTIVE

O-03 ASBESTOS MINER I-06 CHEMICAL

O-03 ASBESTOS MINER I-07 CONSTRUCTION TRADES

O-03 ASBESTOS MINER I-08 IRON / STEEL

O-03 ASBESTOS MINER I-09 LONGSHORE

O-03 ASBESTOS MINER I-10 MARITIME

O-03 ASBESTOS MINER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-03 ASBESTOS MINERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-03 ASBESTOS MINER I-13 PETROCHEMICAL

O-03 ASBESTOS MINER I-14 RAILROAD

O-03 ASBESTOS MINER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-03 ASBESTOS MINER I-16 TEXTILE

O-03 ASBESTOS MINER I-17 TIRE / RUBBER

O-03 ASBESTOS MINER I-18 U.S. NAVY

O-03 ASBESTOS MINER I-19 UTILITIES

O-03 ASBESTOS MINERI-20 ASBESTOS MANUFACTURE OR MILLING

O-03 ASBESTOS MINER I-21 N/A

O-03 ASBESTOS MINER I-22 OTHER

O-03 ASBESTOS MINER I-23 UNKNOWN

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

III- 4

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Alternative Exposure Intensity Factor

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-03 AEROSPACE / AVIATION

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-04 ASBESTOS MINING

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-05 AUTOMOTIVE

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-06 CHEMICAL

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-07 CONSTRUCTION TRADES

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-08 IRON / STEEL

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-09 LONGSHORE

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-10 MARITIME

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-13 PETROCHEMICAL

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-14 RAILROAD

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-16 TEXTILE

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-17 TIRE / RUBBER

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-18 U.S. NAVY

O-04 ASBESTOS PLANT WORKER / ASBESTOS

I-19 UTILITIES

III- 5

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Alternative Exposure Intensity Factor

MANUFACTURING WORKERO-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-21 N/A

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-22 OTHER

O-04 ASBESTOS PLANT WORKER / ASBESTOS MANUFACTURING WORKER I-23 UNKNOWN

O-05 ASBESTOS REMOVAL / ABATEMENT

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-05 ASBESTOS REMOVAL / ABATEMENT I-02 ASBESTOS ABATEMENT / REMOVAL

O-05 ASBESTOS REMOVAL / ABATEMENT I-03 AEROSPACE / AVIATION

O-05 ASBESTOS REMOVAL / ABATEMENT I-04 ASBESTOS MINING

O-05 ASBESTOS REMOVAL / ABATEMENT I-05 AUTOMOTIVE

O-05 ASBESTOS REMOVAL / ABATEMENT I-06 CHEMICAL

O-05 ASBESTOS REMOVAL / ABATEMENT I-07 CONSTRUCTION TRADES

O-05 ASBESTOS REMOVAL / ABATEMENT I-08 IRON / STEEL

O-05 ASBESTOS REMOVAL / ABATEMENT I-09 LONGSHORE

O-05 ASBESTOS REMOVAL / ABATEMENT I-10 MARITIME

O-05 ASBESTOS REMOVAL / ABATEMENT I-11 MILITARY (OTHER THAN U.S. NAVY)

O-05 ASBESTOS REMOVAL / ABATEMENT

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-05 ASBESTOS REMOVAL / ABATEMENT I-13 PETROCHEMICAL

O-05 ASBESTOS REMOVAL / ABATEMENT I-14 RAILROAD

O-05 ASBESTOS REMOVAL / ABATEMENT I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-05 ASBESTOS REMOVAL / ABATEMENT I-16 TEXTILE

O-05 ASBESTOS REMOVAL / ABATEMENT I-17 TIRE / RUBBER

O-05 ASBESTOS REMOVAL / ABATEMENT I-18 U.S. NAVY

O-05 ASBESTOS REMOVAL I-19 UTILITIES

III- 6

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Alternative Exposure Intensity Factor

/ ABATEMENTO-05 ASBESTOS REMOVAL / ABATEMENT

I-20 ASBESTOS MANUFACTURE OR MILLING

O-05 ASBESTOS REMOVAL / ABATEMENT I-21 N/A

O-05 ASBESTOS REMOVAL / ABATEMENT I-22 OTHER

O-05 ASBESTOS REMOVAL / ABATEMENT I-23 UNKNOWN

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-02 ASBESTOS ABATEMENT / REMOVAL

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-03 AEROSPACE / AVIATION

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-04 ASBESTOS MINING

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-05 AUTOMOTIVE

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-06 CHEMICAL

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-07 CONSTRUCTION TRADES

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-08 IRON / STEEL

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-09 LONGSHORE

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-10 MARITIME

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-11 MILITARY (OTHER THAN U.S. NAVY)

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-13 PETROCHEMICAL

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-14 RAILROAD

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-16 TEXTILE

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-17 TIRE / RUBBER

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-18 U.S. NAVY

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-19 UTILITIES

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC

I-20 ASBESTOS MANUFACTURE OR MILLING

O-06 ASBESTOS SPRAYER I-21 N/A

III- 7

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Alternative Exposure Intensity Factor

/ SPRAY GUN MECHANICO-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-22 OTHER

O-06 ASBESTOS SPRAYER / SPRAY GUN MECHANIC I-23 UNKNOWN

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-03 AEROSPACE / AVIATION

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-04 ASBESTOS MINING

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-05 AUTOMOTIVE

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-06 CHEMICAL

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-07 CONSTRUCTION TRADES

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-08 IRON / STEEL

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-09 LONGSHORE

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-10 MARITIME

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-13 PETROCHEMICAL

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-14 RAILROAD

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-16 TEXTILE

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-17 TIRE / RUBBER

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-18 U.S. NAVY

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-19 UTILITIES

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-21 N/A

O-07 ASSEMBLY LINE / FACTORY / PLANT WORKER I-22 OTHER

O-07 ASSEMBLY LINE / I-23 UNKNOWN

III- 8

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Alternative Exposure Intensity Factor

FACTORY / PLANT WORKERO-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-02 ASBESTOS ABATEMENT / REMOVAL

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-03 AEROSPACE / AVIATION

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-04 ASBESTOS MINING

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-05 AUTOMOTIVE

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-06 CHEMICAL

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-07 CONSTRUCTION TRADES

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-08 IRON / STEEL

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-09 LONGSHORE

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-10 MARITIME

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-11 MILITARY (OTHER THAN U.S. NAVY)

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-13 PETROCHEMICAL

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-14 RAILROAD

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-16 TEXTILE

O-08 AUTO MECHANIC / I-17 TIRE / RUBBER

III- 9

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Alternative Exposure Intensity Factor

BODYWORK / BRAKE REPAIRMANO-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-18 U.S. NAVY

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-19 UTILITIES

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN

I-20 ASBESTOS MANUFACTURE OR MILLING

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-21 N/A

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-22 OTHER

O-08 AUTO MECHANIC / BODYWORK / BRAKE REPAIRMAN I-23 UNKNOWN

O-09 BOILERMAKERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-09 BOILERMAKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-09 BOILERMAKER I-03 AEROSPACE / AVIATION

O-09 BOILERMAKER I-04 ASBESTOS MINING

O-09 BOILERMAKER I-05 AUTOMOTIVE

O-09 BOILERMAKER I-06 CHEMICAL

O-09 BOILERMAKER I-07 CONSTRUCTION TRADES

O-09 BOILERMAKER I-08 IRON / STEEL

O-09 BOILERMAKER I-09 LONGSHORE

O-09 BOILERMAKER I-10 MARITIME

O-09 BOILERMAKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-09 BOILERMAKERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-09 BOILERMAKER I-13 PETROCHEMICAL

O-09 BOILERMAKER I-14 RAILROAD

O-09 BOILERMAKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-09 BOILERMAKER I-16 TEXTILE

O-09 BOILERMAKER I-17 TIRE / RUBBER

O-09 BOILERMAKER I-18 U.S. NAVY

O-09 BOILERMAKER I-19 UTILITIES

O-09 BOILERMAKERI-20 ASBESTOS MANUFACTURE OR MILLING

O-09 BOILERMAKER I-21 N/A

O-09 BOILERMAKER I-22 OTHER

O-09 BOILERMAKER I-23 UNKNOWN

O-10 BOILER REPAIRMANI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

III- 10

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Alternative Exposure Intensity Factor

O-10 BOILER REPAIRMAN I-02 ASBESTOS ABATEMENT / REMOVAL

O-10 BOILER REPAIRMAN I-03 AEROSPACE / AVIATION

O-10 BOILER REPAIRMAN I-04 ASBESTOS MINING

O-10 BOILER REPAIRMAN I-05 AUTOMOTIVE

O-10 BOILER REPAIRMAN I-06 CHEMICAL

O-10 BOILER REPAIRMAN I-07 CONSTRUCTION TRADES

O-10 BOILER REPAIRMAN I-08 IRON / STEEL

O-10 BOILER REPAIRMAN I-09 LONGSHORE

O-10 BOILER REPAIRMAN I-10 MARITIME

O-10 BOILER REPAIRMAN I-11 MILITARY (OTHER THAN U.S. NAVY)

O-10 BOILER REPAIRMANI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-10 BOILER REPAIRMAN I-13 PETROCHEMICAL

O-10 BOILER REPAIRMAN I-14 RAILROAD

O-10 BOILER REPAIRMAN I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-10 BOILER REPAIRMAN I-16 TEXTILE

O-10 BOILER REPAIRMAN I-17 TIRE / RUBBER

O-10 BOILER REPAIRMAN I-18 U.S. NAVY

O-10 BOILER REPAIRMAN I-19 UTILITIES

O-10 BOILER REPAIRMANI-20 ASBESTOS MANUFACTURE OR MILLING

O-10 BOILER REPAIRMAN I-21 N/A

O-10 BOILER REPAIRMAN I-22 OTHER

O-10 BOILER REPAIRMAN I-23 UNKNOWN

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-02 ASBESTOS ABATEMENT / REMOVAL

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-03 AEROSPACE / AVIATION

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-04 ASBESTOS MINING

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-05 AUTOMOTIVE

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-06 CHEMICAL

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-07 CONSTRUCTION TRADES

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-08 IRON / STEEL

III- 11

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Alternative Exposure Intensity Factor

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-09 LONGSHORE

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-10 MARITIME

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-13 PETROCHEMICAL

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-14 RAILROAD

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-16 TEXTILE

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-17 TIRE / RUBBER

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-18 U.S. NAVY

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-19 UTILITIES

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-21 N/A

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-22 OTHER

O-11 BOILER WORKER / CLEANER / INSPECTOR / ENGINEER / INSTALLER I-23 UNKNOWN

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-12 BUILDING MAINTENANCE / BUILDING

I-02 ASBESTOS ABATEMENT / REMOVAL

III- 12

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Alternative Exposure Intensity Factor

SUPERINTENDENTO-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-03 AEROSPACE / AVIATION

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-04 ASBESTOS MINING

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-05 AUTOMOTIVE

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-06 CHEMICAL

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-07 CONSTRUCTION TRADES

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-08 IRON / STEEL

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-09 LONGSHORE

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-10 MARITIME

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-11 MILITARY (OTHER THAN U.S. NAVY)

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-13 PETROCHEMICAL

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-14 RAILROAD

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-16 TEXTILE

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-17 TIRE / RUBBER

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-18 U.S. NAVY

O-12 BUILDING I-19 UTILITIES

III- 13

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Alternative Exposure Intensity Factor

MAINTENANCE / BUILDING SUPERINTENDENTO-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT

I-20 ASBESTOS MANUFACTURE OR MILLING

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-21 N/A

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-22 OTHER

O-12 BUILDING MAINTENANCE / BUILDING SUPERINTENDENT I-23 UNKNOWN

O-13 BRAKE MANUFACTURER / INSTALLER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-13 BRAKE MANUFACTURER / INSTALLER I-02 ASBESTOS ABATEMENT / REMOVAL

O-13 BRAKE MANUFACTURER / INSTALLER I-03 AEROSPACE / AVIATION

O-13 BRAKE MANUFACTURER / INSTALLER I-04 ASBESTOS MINING

O-13 BRAKE MANUFACTURER / INSTALLER I-05 AUTOMOTIVE

O-13 BRAKE MANUFACTURER / INSTALLER I-06 CHEMICAL

O-13 BRAKE MANUFACTURER / INSTALLER I-07 CONSTRUCTION TRADES

O-13 BRAKE MANUFACTURER / INSTALLER I-08 IRON / STEEL

O-13 BRAKE MANUFACTURER / INSTALLER I-09 LONGSHORE

O-13 BRAKE MANUFACTURER / INSTALLER I-10 MARITIME

O-13 BRAKE MANUFACTURER / INSTALLER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-13 BRAKE MANUFACTURER / INSTALLER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

III- 14

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Alternative Exposure Intensity Factor

O-13 BRAKE MANUFACTURER / INSTALLER I-13 PETROCHEMICAL

O-13 BRAKE MANUFACTURER / INSTALLER I-14 RAILROAD

O-13 BRAKE MANUFACTURER / INSTALLER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-13 BRAKE MANUFACTURER / INSTALLER I-16 TEXTILE

O-13 BRAKE MANUFACTURER / INSTALLER I-17 TIRE / RUBBER

O-13 BRAKE MANUFACTURER / INSTALLER I-18 U.S. NAVY

O-13 BRAKE MANUFACTURER / INSTALLER I-19 UTILITIES

O-13 BRAKE MANUFACTURER / INSTALLER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-13 BRAKE MANUFACTURER / INSTALLER I-21 N/A

O-13 BRAKE MANUFACTURER / INSTALLER I-22 OTHER

O-13 BRAKE MANUFACTURER / INSTALLER I-23 UNKNOWN

O-14 BRICK MASON / LAYER / HOD CARRIER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-14 BRICK MASON / LAYER / HOD CARRIER I-02 ASBESTOS ABATEMENT / REMOVAL

O-14 BRICK MASON / LAYER / HOD CARRIER I-03 AEROSPACE / AVIATION

O-14 BRICK MASON / LAYER / HOD CARRIER I-04 ASBESTOS MINING

O-14 BRICK MASON / LAYER / HOD CARRIER I-05 AUTOMOTIVE

O-14 BRICK MASON / LAYER / HOD CARRIER I-06 CHEMICAL

O-14 BRICK MASON / LAYER / HOD CARRIER I-07 CONSTRUCTION TRADES

O-14 BRICK MASON / LAYER / HOD CARRIER I-08 IRON / STEEL

O-14 BRICK MASON / I-09 LONGSHORE

III- 15

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Alternative Exposure Intensity Factor

LAYER / HOD CARRIERO-14 BRICK MASON / LAYER / HOD CARRIER I-10 MARITIME

O-14 BRICK MASON / LAYER / HOD CARRIER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-14 BRICK MASON / LAYER / HOD CARRIER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-14 BRICK MASON / LAYER / HOD CARRIER I-13 PETROCHEMICAL

O-14 BRICK MASON / LAYER / HOD CARRIER I-14 RAILROAD

O-14 BRICK MASON / LAYER / HOD CARRIER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-14 BRICK MASON / LAYER / HOD CARRIER I-16 TEXTILE

O-14 BRICK MASON / LAYER / HOD CARRIER I-17 TIRE / RUBBER

O-14 BRICK MASON / LAYER / HOD CARRIER I-18 U.S. NAVY

O-14 BRICK MASON / LAYER / HOD CARRIER I-19 UTILITIES

O-14 BRICK MASON / LAYER / HOD CARRIER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-14 BRICK MASON / LAYER / HOD CARRIER I-21 N/A

O-14 BRICK MASON / LAYER / HOD CARRIER I-22 OTHER

O-14 BRICK MASON / LAYER / HOD CARRIER I-23 UNKNOWN

O-15 BURNER OPERATORI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-15 BURNER OPERATOR I-02 ASBESTOS ABATEMENT / REMOVAL

O-15 BURNER OPERATOR I-03 AEROSPACE / AVIATION

O-15 BURNER OPERATOR I-04 ASBESTOS MINING

O-15 BURNER OPERATOR I-05 AUTOMOTIVE

O-15 BURNER OPERATOR I-06 CHEMICAL

O-15 BURNER OPERATOR I-07 CONSTRUCTION TRADES

O-15 BURNER OPERATOR I-08 IRON / STEEL

O-15 BURNER OPERATOR I-09 LONGSHORE

O-15 BURNER OPERATOR I-10 MARITIME

O-15 BURNER OPERATOR I-11 MILITARY (OTHER THAN U.S. NAVY)

O-15 BURNER OPERATORI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-15 BURNER OPERATOR I-13 PETROCHEMICAL

O-15 BURNER OPERATOR I-14 RAILROAD

O-15 BURNER OPERATOR I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-15 BURNER OPERATOR I-16 TEXTILE

O-15 BURNER OPERATOR I-17 TIRE / RUBBER

III- 16

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Alternative Exposure Intensity Factor

O-15 BURNER OPERATOR I-18 U.S. NAVY

O-15 BURNER OPERATOR I-19 UTILITIES

O-15 BURNER OPERATORI-20 ASBESTOS MANUFACTURE OR MILLING

O-15 BURNER OPERATOR I-21 N/A

O-15 BURNER OPERATOR I-22 OTHER

O-15 BURNER OPERATOR I-23 UNKNOWN

O-16 CARPENTER / WOODWORKER / CABINETMAKER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-03 AEROSPACE / AVIATION

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-04 ASBESTOS MINING

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-05 AUTOMOTIVE

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-06 CHEMICAL

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-07 CONSTRUCTION TRADES

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-08 IRON / STEEL

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-09 LONGSHORE

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-10 MARITIME

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-16 CARPENTER / WOODWORKER / CABINETMAKER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-13 PETROCHEMICAL

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-14 RAILROAD

O-16 CARPENTER / I-15 SHIPYARD-CONSTRUCTION / REPAIR

III- 17

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Alternative Exposure Intensity Factor

WOODWORKER / CABINETMAKERO-16 CARPENTER / WOODWORKER / CABINETMAKER I-16 TEXTILE

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-17 TIRE / RUBBER

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-18 U.S. NAVY

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-19 UTILITIES

O-16 CARPENTER / WOODWORKER / CABINETMAKER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-21 N/A

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-22 OTHER

O-16 CARPENTER / WOODWORKER / CABINETMAKER I-23 UNKNOWN

O-17 CHIPPERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-17 CHIPPER I-02 ASBESTOS ABATEMENT / REMOVAL

O-17 CHIPPER I-03 AEROSPACE / AVIATION

O-17 CHIPPER I-04 ASBESTOS MINING

O-17 CHIPPER I-05 AUTOMOTIVE

O-17 CHIPPER I-06 CHEMICAL

O-17 CHIPPER I-07 CONSTRUCTION TRADES

O-17 CHIPPER I-08 IRON / STEEL

O-17 CHIPPER I-09 LONGSHORE

O-17 CHIPPER I-10 MARITIME

O-17 CHIPPER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-17 CHIPPERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-17 CHIPPER I-13 PETROCHEMICAL

O-17 CHIPPER I-14 RAILROAD

O-17 CHIPPER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-17 CHIPPER I-16 TEXTILE

O-17 CHIPPER I-17 TIRE / RUBBER

O-17 CHIPPER I-18 U.S. NAVY

O-17 CHIPPER I-19 UTILITIES

O-17 CHIPPERI-20 ASBESTOS MANUFACTURE OR MILLING

III- 18

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Alternative Exposure Intensity Factor

O-17 CHIPPER I-21 N/A

O-17 CHIPPER I-22 OTHER

O-17 CHIPPER I-23 UNKNOWN

O-18 CLERICAL / OFFICE WORKER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-18 CLERICAL / OFFICE WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-18 CLERICAL / OFFICE WORKER I-03 AEROSPACE / AVIATION

O-18 CLERICAL / OFFICE WORKER I-04 ASBESTOS MINING

O-18 CLERICAL / OFFICE WORKER I-05 AUTOMOTIVE

O-18 CLERICAL / OFFICE WORKER I-06 CHEMICAL

O-18 CLERICAL / OFFICE WORKER I-07 CONSTRUCTION TRADES

O-18 CLERICAL / OFFICE WORKER I-08 IRON / STEEL

O-18 CLERICAL / OFFICE WORKER I-09 LONGSHORE

O-18 CLERICAL / OFFICE WORKER I-10 MARITIME

O-18 CLERICAL / OFFICE WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-18 CLERICAL / OFFICE WORKER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-18 CLERICAL / OFFICE WORKER I-13 PETROCHEMICAL

O-18 CLERICAL / OFFICE WORKER I-14 RAILROAD

O-18 CLERICAL / OFFICE WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-18 CLERICAL / OFFICE WORKER I-16 TEXTILE

O-18 CLERICAL / OFFICE WORKER I-17 TIRE / RUBBER

O-18 CLERICAL / OFFICE WORKER I-18 U.S. NAVY

O-18 CLERICAL / OFFICE WORKER I-19 UTILITIES

O-18 CLERICAL / OFFICE WORKER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-18 CLERICAL / OFFICE WORKER I-21 N/A

O-18 CLERICAL / OFFICE WORKER I-22 OTHER

O-18 CLERICAL / OFFICE WORKER I-23 UNKNOWN

III- 19

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Alternative Exposure Intensity Factor

O-19 CONSTRUCTION - GENERAL

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-19 CONSTRUCTION - GENERAL I-02 ASBESTOS ABATEMENT / REMOVAL

O-19 CONSTRUCTION - GENERAL I-03 AEROSPACE / AVIATION

O-19 CONSTRUCTION - GENERAL I-04 ASBESTOS MINING

O-19 CONSTRUCTION - GENERAL I-05 AUTOMOTIVE

O-19 CONSTRUCTION - GENERAL I-06 CHEMICAL

O-19 CONSTRUCTION - GENERAL I-07 CONSTRUCTION TRADES

O-19 CONSTRUCTION - GENERAL I-08 IRON / STEEL

O-19 CONSTRUCTION - GENERAL I-09 LONGSHORE

O-19 CONSTRUCTION - GENERAL I-10 MARITIME

O-19 CONSTRUCTION - GENERAL I-11 MILITARY (OTHER THAN U.S. NAVY)

O-19 CONSTRUCTION - GENERAL

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-19 CONSTRUCTION - GENERAL I-13 PETROCHEMICAL

O-19 CONSTRUCTION - GENERAL I-14 RAILROAD

O-19 CONSTRUCTION - GENERAL I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-19 CONSTRUCTION - GENERAL I-16 TEXTILE

O-19 CONSTRUCTION - GENERAL I-17 TIRE / RUBBER

O-19 CONSTRUCTION - GENERAL I-18 U.S. NAVY

O-19 CONSTRUCTION - GENERAL I-19 UTILITIES

O-19 CONSTRUCTION - GENERAL

I-20 ASBESTOS MANUFACTURE OR MILLING

O-19 CONSTRUCTION - GENERAL I-21 N/A

O-19 CONSTRUCTION - GENERAL I-22 OTHER

O-19 CONSTRUCTION - GENERAL I-23 UNKNOWN

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-20 CUSTODIAN / I-02 ASBESTOS ABATEMENT / REMOVAL

III- 20

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Alternative Exposure Intensity Factor

JANITOR IN OFFICE / RESIDENTIAL BUILDINGO-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-03 AEROSPACE / AVIATION

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-04 ASBESTOS MINING

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-05 AUTOMOTIVE

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-06 CHEMICAL

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-07 CONSTRUCTION TRADES

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-08 IRON / STEEL

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-09 LONGSHORE

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-10 MARITIME

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-11 MILITARY (OTHER THAN U.S. NAVY)

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-13 PETROCHEMICAL

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-14 RAILROAD

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-16 TEXTILE

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-17 TIRE / RUBBER

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-18 U.S. NAVY

III- 21

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Alternative Exposure Intensity Factor

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-19 UTILITIES

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING

I-20 ASBESTOS MANUFACTURE OR MILLING

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-21 N/A

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-22 OTHER

O-20 CUSTODIAN / JANITOR IN OFFICE / RESIDENTIAL BUILDING I-23 UNKNOWN

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-02 ASBESTOS ABATEMENT / REMOVAL

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-03 AEROSPACE / AVIATION

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-04 ASBESTOS MINING

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-05 AUTOMOTIVE

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-06 CHEMICAL

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-07 CONSTRUCTION TRADES

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-08 IRON / STEEL

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-09 LONGSHORE

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-10 MARITIME

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-11 MILITARY (OTHER THAN U.S. NAVY)

O-21 CUSTODIAN / JANITOR IN PLANT /

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

III- 22

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Alternative Exposure Intensity Factor

MANUFACTURING FACILITYO-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-13 PETROCHEMICAL

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-14 RAILROAD

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-16 TEXTILE

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-17 TIRE / RUBBER

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-18 U.S. NAVY

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-19 UTILITIES

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY

I-20 ASBESTOS MANUFACTURE OR MILLING

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-21 N/A

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-22 OTHER

O-21 CUSTODIAN / JANITOR IN PLANT / MANUFACTURING FACILITY I-23 UNKNOWN

O-22 ELECTRICIAN / INSPECTOR / WORKER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-22 ELECTRICIAN / INSPECTOR / WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-22 ELECTRICIAN / INSPECTOR / WORKER I-03 AEROSPACE / AVIATION

O-22 ELECTRICIAN / INSPECTOR / WORKER I-04 ASBESTOS MINING

O-22 ELECTRICIAN / INSPECTOR / WORKER I-05 AUTOMOTIVE

O-22 ELECTRICIAN / INSPECTOR / WORKER I-06 CHEMICAL

O-22 ELECTRICIAN / INSPECTOR / WORKER I-07 CONSTRUCTION TRADES

O-22 ELECTRICIAN / INSPECTOR / WORKER I-08 IRON / STEEL

III- 23

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Alternative Exposure Intensity Factor

O-22 ELECTRICIAN / INSPECTOR / WORKER I-09 LONGSHORE

O-22 ELECTRICIAN / INSPECTOR / WORKER I-10 MARITIME

O-22 ELECTRICIAN / INSPECTOR / WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-22 ELECTRICIAN / INSPECTOR / WORKER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-22 ELECTRICIAN / INSPECTOR / WORKER I-13 PETROCHEMICAL

O-22 ELECTRICIAN / INSPECTOR / WORKER I-14 RAILROAD

O-22 ELECTRICIAN / INSPECTOR / WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-22 ELECTRICIAN / INSPECTOR / WORKER I-16 TEXTILE

O-22 ELECTRICIAN / INSPECTOR / WORKER I-17 TIRE / RUBBER

O-22 ELECTRICIAN / INSPECTOR / WORKER I-18 U.S. NAVY

O-22 ELECTRICIAN / INSPECTOR / WORKER I-19 UTILITIES

O-22 ELECTRICIAN / INSPECTOR / WORKER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-22 ELECTRICIAN / INSPECTOR / WORKER I-21 N/A

O-22 ELECTRICIAN / INSPECTOR / WORKER I-22 OTHER

O-22 ELECTRICIAN / INSPECTOR / WORKER I-23 UNKNOWN

O-23 ENGINEERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-23 ENGINEER I-02 ASBESTOS ABATEMENT / REMOVAL

O-23 ENGINEER I-03 AEROSPACE / AVIATION

O-23 ENGINEER I-04 ASBESTOS MINING

O-23 ENGINEER I-05 AUTOMOTIVE

O-23 ENGINEER I-06 CHEMICAL

O-23 ENGINEER I-07 CONSTRUCTION TRADES

O-23 ENGINEER I-08 IRON / STEEL

O-23 ENGINEER I-09 LONGSHORE

O-23 ENGINEER I-10 MARITIME

O-23 ENGINEER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-23 ENGINEERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-23 ENGINEER I-13 PETROCHEMICAL

O-23 ENGINEER I-14 RAILROAD

O-23 ENGINEER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-23 ENGINEER I-16 TEXTILE

O-23 ENGINEER I-17 TIRE / RUBBER

III- 24

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O-23 ENGINEER I-18 U.S. NAVY

O-23 ENGINEER I-19 UTILITIES

O-23 ENGINEERI-20 ASBESTOS MANUFACTURE OR MILLING

O-23 ENGINEER I-21 N/A

O-23 ENGINEER I-22 OTHER

O-23 ENGINEER I-23 UNKNOWN

O-24 FIREFIGHTERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-24 FIREFIGHTER I-02 ASBESTOS ABATEMENT / REMOVAL

O-24 FIREFIGHTER I-03 AEROSPACE / AVIATION

O-24 FIREFIGHTER I-04 ASBESTOS MINING

O-24 FIREFIGHTER I-05 AUTOMOTIVE

O-24 FIREFIGHTER I-06 CHEMICAL

O-24 FIREFIGHTER I-07 CONSTRUCTION TRADES

O-24 FIREFIGHTER I-08 IRON / STEEL

O-24 FIREFIGHTER I-09 LONGSHORE

O-24 FIREFIGHTER I-10 MARITIME

O-24 FIREFIGHTER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-24 FIREFIGHTERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-24 FIREFIGHTER I-13 PETROCHEMICAL

O-24 FIREFIGHTER I-14 RAILROAD

O-24 FIREFIGHTER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-24 FIREFIGHTER I-16 TEXTILE

O-24 FIREFIGHTER I-17 TIRE / RUBBER

O-24 FIREFIGHTER I-18 U.S. NAVY

O-24 FIREFIGHTER I-19 UTILITIES

O-24 FIREFIGHTERI-20 ASBESTOS MANUFACTURE OR MILLING

O-24 FIREFIGHTER I-21 N/A

O-24 FIREFIGHTER I-22 OTHER

O-24 FIREFIGHTER I-23 UNKNOWN

O-25 FIREMANI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-25 FIREMAN I-02 ASBESTOS ABATEMENT / REMOVAL

O-25 FIREMAN I-03 AEROSPACE / AVIATION

O-25 FIREMAN I-04 ASBESTOS MINING

O-25 FIREMAN I-05 AUTOMOTIVE

O-25 FIREMAN I-06 CHEMICAL

O-25 FIREMAN I-07 CONSTRUCTION TRADES

O-25 FIREMAN I-08 IRON / STEEL

O-25 FIREMAN I-09 LONGSHORE

O-25 FIREMAN I-10 MARITIME

O-25 FIREMAN I-11 MILITARY (OTHER THAN U.S. NAVY)

O-25 FIREMANI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

III- 25

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O-25 FIREMAN I-13 PETROCHEMICAL

O-25 FIREMAN I-14 RAILROAD

O-25 FIREMAN I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-25 FIREMAN I-16 TEXTILE

O-25 FIREMAN I-17 TIRE / RUBBER

O-25 FIREMAN I-18 U.S. NAVY

O-25 FIREMAN I-19 UTILITIES

O-25 FIREMANI-20 ASBESTOS MANUFACTURE OR MILLING

O-25 FIREMAN I-21 N/A

O-25 FIREMAN I-22 OTHER

O-25 FIREMAN I-23 UNKNOWN

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-02 ASBESTOS ABATEMENT / REMOVAL

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-03 AEROSPACE / AVIATION

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-04 ASBESTOS MINING

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-05 AUTOMOTIVE

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-06 CHEMICAL

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-07 CONSTRUCTION TRADES

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-08 IRON / STEEL

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-09 LONGSHORE

O-26 FLOORING I-10 MARITIME

III- 26

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Alternative Exposure Intensity Factor

INSTALLER / TILE INSTALLER / TILE MECHANICO-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-11 MILITARY (OTHER THAN U.S. NAVY)

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-13 PETROCHEMICAL

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-14 RAILROAD

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-16 TEXTILE

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-17 TIRE / RUBBER

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-18 U.S. NAVY

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-19 UTILITIES

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC

I-20 ASBESTOS MANUFACTURE OR MILLING

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-21 N/A

O-26 FLOORING INSTALLER / TILE INSTALLER / TILE

I-22 OTHER

III- 27

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Alternative Exposure Intensity Factor

MECHANICO-26 FLOORING INSTALLER / TILE INSTALLER / TILE MECHANIC I-23 UNKNOWN

O-27 FOUNDRY WORKERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-27 FOUNDRY WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-27 FOUNDRY WORKER I-03 AEROSPACE / AVIATION

O-27 FOUNDRY WORKER I-04 ASBESTOS MINING

O-27 FOUNDRY WORKER I-05 AUTOMOTIVE

O-27 FOUNDRY WORKER I-06 CHEMICAL

O-27 FOUNDRY WORKER I-07 CONSTRUCTION TRADES

O-27 FOUNDRY WORKER I-08 IRON / STEEL

O-27 FOUNDRY WORKER I-09 LONGSHORE

O-27 FOUNDRY WORKER I-10 MARITIME

O-27 FOUNDRY WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-27 FOUNDRY WORKERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-27 FOUNDRY WORKER I-13 PETROCHEMICAL

O-27 FOUNDRY WORKER I-14 RAILROAD

O-27 FOUNDRY WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-27 FOUNDRY WORKER I-16 TEXTILE

O-27 FOUNDRY WORKER I-17 TIRE / RUBBER

O-27 FOUNDRY WORKER I-18 U.S. NAVY

O-27 FOUNDRY WORKER I-19 UTILITIES

O-27 FOUNDRY WORKERI-20 ASBESTOS MANUFACTURE OR MILLING

O-27 FOUNDRY WORKER I-21 N/A

O-27 FOUNDRY WORKER I-22 OTHER

O-27 FOUNDRY WORKER I-23 UNKNOWN

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-02 ASBESTOS ABATEMENT / REMOVAL

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-03 AEROSPACE / AVIATION

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-04 ASBESTOS MINING

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-05 AUTOMOTIVE

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-06 CHEMICAL

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-07 CONSTRUCTION TRADES

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-08 IRON / STEEL

O-28 FURNACE WORKER / I-09 LONGSHORE

III- 28

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Alternative Exposure Intensity Factor

REPAIRMAN / INSTALLERO-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-10 MARITIME

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-13 PETROCHEMICAL

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-14 RAILROAD

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-16 TEXTILE

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-17 TIRE / RUBBER

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-18 U.S. NAVY

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-19 UTILITIES

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-21 N/A

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-22 OTHER

O-28 FURNACE WORKER / REPAIRMAN / INSTALLER I-23 UNKNOWN

O-29 GLASS WORKERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-29 GLASS WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-29 GLASS WORKER I-03 AEROSPACE / AVIATION

O-29 GLASS WORKER I-04 ASBESTOS MINING

O-29 GLASS WORKER I-05 AUTOMOTIVE

O-29 GLASS WORKER I-06 CHEMICAL

O-29 GLASS WORKER I-07 CONSTRUCTION TRADES

O-29 GLASS WORKER I-08 IRON / STEEL

O-29 GLASS WORKER I-09 LONGSHORE

O-29 GLASS WORKER I-10 MARITIME

O-29 GLASS WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-29 GLASS WORKERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-29 GLASS WORKER I-13 PETROCHEMICAL

O-29 GLASS WORKER I-14 RAILROAD

O-29 GLASS WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-29 GLASS WORKER I-16 TEXTILE

O-29 GLASS WORKER I-17 TIRE / RUBBER

III- 29

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Alternative Exposure Intensity Factor

O-29 GLASS WORKER I-18 U.S. NAVY

O-29 GLASS WORKER I-19 UTILITIES

O-29 GLASS WORKERI-20 ASBESTOS MANUFACTURE OR MILLING

O-29 GLASS WORKER I-21 N/A

O-29 GLASS WORKER I-22 OTHER

O-29 GLASS WORKER I-23 UNKNOWN

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE)

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-02 ASBESTOS ABATEMENT / REMOVAL

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-03 AEROSPACE / AVIATION

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-04 ASBESTOS MINING

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-05 AUTOMOTIVE

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-06 CHEMICAL

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-07 CONSTRUCTION TRADES

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-08 IRON / STEEL

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-09 LONGSHORE

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-10 MARITIME

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, &

I-11 MILITARY (OTHER THAN U.S. NAVY)

III- 30

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Alternative Exposure Intensity Factor

CRANE)O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE)

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-13 PETROCHEMICAL

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-14 RAILROAD

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-16 TEXTILE

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-17 TIRE / RUBBER

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-18 U.S. NAVY

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-19 UTILITIES

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE)

I-20 ASBESTOS MANUFACTURE OR MILLING

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-21 N/A

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-22 OTHER

O-30 HEAVY EQUIPMENT OPERATOR (INCLUDES TRUCK, FORKLIFT, & CRANE) I-23 UNKNOWN

O-31 INSULATOR I-01 RESIDENTIAL / DO-IT-YOURSELF

III- 31

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(DIY)O-31 INSULATOR I-02 ASBESTOS ABATEMENT / REMOVAL

O-31 INSULATOR I-03 AEROSPACE / AVIATION

O-31 INSULATOR I-04 ASBESTOS MINING

O-31 INSULATOR I-05 AUTOMOTIVE

O-31 INSULATOR I-06 CHEMICAL

O-31 INSULATOR I-07 CONSTRUCTION TRADES

O-31 INSULATOR I-08 IRON / STEEL

O-31 INSULATOR I-09 LONGSHORE

O-31 INSULATOR I-10 MARITIME

O-31 INSULATOR I-11 MILITARY (OTHER THAN U.S. NAVY)

O-31 INSULATORI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-31 INSULATOR I-13 PETROCHEMICAL

O-31 INSULATOR I-14 RAILROAD

O-31 INSULATOR I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-31 INSULATOR I-16 TEXTILE

O-31 INSULATOR I-17 TIRE / RUBBER

O-31 INSULATOR I-18 U.S. NAVY

O-31 INSULATOR I-19 UTILITIES

O-31 INSULATORI-20 ASBESTOS MANUFACTURE OR MILLING

O-31 INSULATOR I-21 N/A

O-31 INSULATOR I-22 OTHER

O-31 INSULATOR I-23 UNKNOWN

O-32 IRON WORKERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-32 IRON WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-32 IRON WORKER I-03 AEROSPACE / AVIATION

O-32 IRON WORKER I-04 ASBESTOS MINING

O-32 IRON WORKER I-05 AUTOMOTIVE

O-32 IRON WORKER I-06 CHEMICAL

O-32 IRON WORKER I-07 CONSTRUCTION TRADES

O-32 IRON WORKER I-08 IRON / STEEL

O-32 IRON WORKER I-09 LONGSHORE

O-32 IRON WORKER I-10 MARITIME

O-32 IRON WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-32 IRON WORKERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-32 IRON WORKER I-13 PETROCHEMICAL

O-32 IRON WORKER I-14 RAILROAD

O-32 IRON WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-32 IRON WORKER I-16 TEXTILE

O-32 IRON WORKER I-17 TIRE / RUBBER

O-32 IRON WORKER I-18 U.S. NAVY

O-32 IRON WORKER I-19 UTILITIES

O-32 IRON WORKER I-20 ASBESTOS MANUFACTURE OR

III- 32

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Alternative Exposure Intensity Factor

MILLINGO-32 IRON WORKER I-21 N/A

O-32 IRON WORKER I-22 OTHER

O-32 IRON WORKER I-23 UNKNOWN

O-33 JOINERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-33 JOINER I-02 ASBESTOS ABATEMENT / REMOVAL

O-33 JOINER I-03 AEROSPACE / AVIATION

O-33 JOINER I-04 ASBESTOS MINING

O-33 JOINER I-05 AUTOMOTIVE

O-33 JOINER I-06 CHEMICAL

O-33 JOINER I-07 CONSTRUCTION TRADES

O-33 JOINER I-08 IRON / STEEL

O-33 JOINER I-09 LONGSHORE

O-33 JOINER I-10 MARITIME

O-33 JOINER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-33 JOINERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-33 JOINER I-13 PETROCHEMICAL

O-33 JOINER I-14 RAILROAD

O-33 JOINER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-33 JOINER I-16 TEXTILE

O-33 JOINER I-17 TIRE / RUBBER

O-33 JOINER I-18 U.S. NAVY

O-33 JOINER I-19 UTILITIES

O-33 JOINERI-20 ASBESTOS MANUFACTURE OR MILLING

O-33 JOINER I-21 N/A

O-33 JOINER I-22 OTHER

O-33 JOINER I-23 UNKNOWN

O-34 LABORERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-34 LABORER I-02 ASBESTOS ABATEMENT / REMOVAL

O-34 LABORER I-03 AEROSPACE / AVIATION

O-34 LABORER I-04 ASBESTOS MINING

O-34 LABORER I-05 AUTOMOTIVE

O-34 LABORER I-06 CHEMICAL

O-34 LABORER I-07 CONSTRUCTION TRADES

O-34 LABORER I-08 IRON / STEEL

O-34 LABORER I-09 LONGSHORE

O-34 LABORER I-10 MARITIME

O-34 LABORER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-34 LABORERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-34 LABORER I-13 PETROCHEMICAL

O-34 LABORER I-14 RAILROAD

O-34 LABORER I-15 SHIPYARD-CONSTRUCTION / REPAIR

III- 33

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O-34 LABORER I-16 TEXTILE

O-34 LABORER I-17 TIRE / RUBBER

O-34 LABORER I-18 U.S. NAVY

O-34 LABORER I-19 UTILITIES

O-34 LABORERI-20 ASBESTOS MANUFACTURE OR MILLING

O-34 LABORER I-21 N/A

O-34 LABORER I-22 OTHER

O-34 LABORER I-23 UNKNOWN

O-35 LONGSHOREMANI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-35 LONGSHOREMAN I-02 ASBESTOS ABATEMENT / REMOVAL

O-35 LONGSHOREMAN I-03 AEROSPACE / AVIATION

O-35 LONGSHOREMAN I-04 ASBESTOS MINING

O-35 LONGSHOREMAN I-05 AUTOMOTIVE

O-35 LONGSHOREMAN I-06 CHEMICAL

O-35 LONGSHOREMAN I-07 CONSTRUCTION TRADES

O-35 LONGSHOREMAN I-08 IRON / STEEL

O-35 LONGSHOREMAN I-09 LONGSHORE

O-35 LONGSHOREMAN I-10 MARITIME

O-35 LONGSHOREMAN I-11 MILITARY (OTHER THAN U.S. NAVY)

O-35 LONGSHOREMANI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-35 LONGSHOREMAN I-13 PETROCHEMICAL

O-35 LONGSHOREMAN I-14 RAILROAD

O-35 LONGSHOREMAN I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-35 LONGSHOREMAN I-16 TEXTILE

O-35 LONGSHOREMAN I-17 TIRE / RUBBER

O-35 LONGSHOREMAN I-18 U.S. NAVY

O-35 LONGSHOREMAN I-19 UTILITIES

O-35 LONGSHOREMANI-20 ASBESTOS MANUFACTURE OR MILLING

O-35 LONGSHOREMAN I-21 N/A

O-35 LONGSHOREMAN I-22 OTHER

O-35 LONGSHOREMAN I-23 UNKNOWN

O-36 MACHINIST / MACHINE OPERATOR

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-36 MACHINIST / MACHINE OPERATOR I-02 ASBESTOS ABATEMENT / REMOVAL

O-36 MACHINIST / MACHINE OPERATOR I-03 AEROSPACE / AVIATION

O-36 MACHINIST / MACHINE OPERATOR I-04 ASBESTOS MINING

O-36 MACHINIST / MACHINE OPERATOR I-05 AUTOMOTIVE

O-36 MACHINIST / MACHINE OPERATOR I-06 CHEMICAL

O-36 MACHINIST / I-07 CONSTRUCTION TRADES

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Alternative Exposure Intensity Factor

MACHINE OPERATORO-36 MACHINIST / MACHINE OPERATOR I-08 IRON / STEEL

O-36 MACHINIST / MACHINE OPERATOR I-09 LONGSHORE

O-36 MACHINIST / MACHINE OPERATOR I-10 MARITIME

O-36 MACHINIST / MACHINE OPERATOR I-11 MILITARY (OTHER THAN U.S. NAVY)

O-36 MACHINIST / MACHINE OPERATOR

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-36 MACHINIST / MACHINE OPERATOR I-13 PETROCHEMICAL

O-36 MACHINIST / MACHINE OPERATOR I-14 RAILROAD

O-36 MACHINIST / MACHINE OPERATOR I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-36 MACHINIST / MACHINE OPERATOR I-16 TEXTILE

O-36 MACHINIST / MACHINE OPERATOR I-17 TIRE / RUBBER

O-36 MACHINIST / MACHINE OPERATOR I-18 U.S. NAVY

O-36 MACHINIST / MACHINE OPERATOR I-19 UTILITIES

O-36 MACHINIST / MACHINE OPERATOR

I-20 ASBESTOS MANUFACTURE OR MILLING

O-36 MACHINIST / MACHINE OPERATOR I-21 N/A

O-36 MACHINIST / MACHINE OPERATOR I-22 OTHER

O-36 MACHINIST / MACHINE OPERATOR I-23 UNKNOWN

O-37 MILLWRIGHT / MILL WORKER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-37 MILLWRIGHT / MILL WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-37 MILLWRIGHT / MILL WORKER I-03 AEROSPACE / AVIATION

O-37 MILLWRIGHT / MILL WORKER I-04 ASBESTOS MINING

O-37 MILLWRIGHT / MILL WORKER I-05 AUTOMOTIVE

O-37 MILLWRIGHT / MILL WORKER I-06 CHEMICAL

O-37 MILLWRIGHT / MILL WORKER I-07 CONSTRUCTION TRADES

O-37 MILLWRIGHT / MILL WORKER I-08 IRON / STEEL

O-37 MILLWRIGHT / MILL I-09 LONGSHORE

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Alternative Exposure Intensity Factor

WORKERO-37 MILLWRIGHT / MILL WORKER I-10 MARITIME

O-37 MILLWRIGHT / MILL WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-37 MILLWRIGHT / MILL WORKER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-37 MILLWRIGHT / MILL WORKER I-13 PETROCHEMICAL

O-37 MILLWRIGHT / MILL WORKER I-14 RAILROAD

O-37 MILLWRIGHT / MILL WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-37 MILLWRIGHT / MILL WORKER I-16 TEXTILE

O-37 MILLWRIGHT / MILL WORKER I-17 TIRE / RUBBER

O-37 MILLWRIGHT / MILL WORKER I-18 U.S. NAVY

O-37 MILLWRIGHT / MILL WORKER I-19 UTILITIES

O-37 MILLWRIGHT / MILL WORKER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-37 MILLWRIGHT / MILL WORKER I-21 N/A

O-37 MILLWRIGHT / MILL WORKER I-22 OTHER

O-37 MILLWRIGHT / MILL WORKER I-23 UNKNOWN

O-38 MIXER / BAGGERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-38 MIXER / BAGGER I-02 ASBESTOS ABATEMENT / REMOVAL

O-38 MIXER / BAGGER I-03 AEROSPACE / AVIATION

O-38 MIXER / BAGGER I-04 ASBESTOS MINING

O-38 MIXER / BAGGER I-05 AUTOMOTIVE

O-38 MIXER / BAGGER I-06 CHEMICAL

O-38 MIXER / BAGGER I-07 CONSTRUCTION TRADES

O-38 MIXER / BAGGER I-08 IRON / STEEL

O-38 MIXER / BAGGER I-09 LONGSHORE

O-38 MIXER / BAGGER I-10 MARITIME

O-38 MIXER / BAGGER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-38 MIXER / BAGGERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-38 MIXER / BAGGER I-13 PETROCHEMICAL

O-38 MIXER / BAGGER I-14 RAILROAD

O-38 MIXER / BAGGER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-38 MIXER / BAGGER I-16 TEXTILE

O-38 MIXER / BAGGER I-17 TIRE / RUBBER

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Alternative Exposure Intensity Factor

O-38 MIXER / BAGGER I-18 U.S. NAVY

O-38 MIXER / BAGGER I-19 UTILITIES

O-38 MIXER / BAGGERI-20 ASBESTOS MANUFACTURE OR MILLING

O-38 MIXER / BAGGER I-21 N/A

O-38 MIXER / BAGGER I-22 OTHER

O-38 MIXER / BAGGER I-23 UNKNOWN

O-39 NON-ASBESTOS MINER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-39 NON-ASBESTOS MINER I-02 ASBESTOS ABATEMENT / REMOVAL

O-39 NON-ASBESTOS MINER I-03 AEROSPACE / AVIATION

O-39 NON-ASBESTOS MINER I-04 ASBESTOS MINING

O-39 NON-ASBESTOS MINER I-05 AUTOMOTIVE

O-39 NON-ASBESTOS MINER I-06 CHEMICAL

O-39 NON-ASBESTOS MINER I-07 CONSTRUCTION TRADES

O-39 NON-ASBESTOS MINER I-08 IRON / STEEL

O-39 NON-ASBESTOS MINER I-09 LONGSHORE

O-39 NON-ASBESTOS MINER I-10 MARITIME

O-39 NON-ASBESTOS MINER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-39 NON-ASBESTOS MINER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-39 NON-ASBESTOS MINER I-13 PETROCHEMICAL

O-39 NON-ASBESTOS MINER I-14 RAILROAD

O-39 NON-ASBESTOS MINER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-39 NON-ASBESTOS MINER I-16 TEXTILE

O-39 NON-ASBESTOS MINER I-17 TIRE / RUBBER

O-39 NON-ASBESTOS MINER I-18 U.S. NAVY

O-39 NON-ASBESTOS MINER I-19 UTILITIES

O-39 NON-ASBESTOS MINER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-39 NON-ASBESTOS MINER I-21 N/A

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Alternative Exposure Intensity Factor

O-39 NON-ASBESTOS MINER I-22 OTHER

O-39 NON-ASBESTOS MINER I-23 UNKNOWN

O-40 PAINTERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-40 PAINTER I-02 ASBESTOS ABATEMENT / REMOVAL

O-40 PAINTER I-03 AEROSPACE / AVIATION

O-40 PAINTER I-04 ASBESTOS MINING

O-40 PAINTER I-05 AUTOMOTIVE

O-40 PAINTER I-06 CHEMICAL

O-40 PAINTER I-07 CONSTRUCTION TRADES

O-40 PAINTER I-08 IRON / STEEL

O-40 PAINTER I-09 LONGSHORE

O-40 PAINTER I-10 MARITIME

O-40 PAINTER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-40 PAINTERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-40 PAINTER I-13 PETROCHEMICAL

O-40 PAINTER I-14 RAILROAD

O-40 PAINTER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-40 PAINTER I-16 TEXTILE

O-40 PAINTER I-17 TIRE / RUBBER

O-40 PAINTER I-18 U.S. NAVY

O-40 PAINTER I-19 UTILITIES

O-40 PAINTERI-20 ASBESTOS MANUFACTURE OR MILLING

O-40 PAINTER I-21 N/A

O-40 PAINTER I-22 OTHER

O-40 PAINTER I-23 UNKNOWN

O-41 PIPEFITTERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-41 PIPEFITTER I-02 ASBESTOS ABATEMENT / REMOVAL

O-41 PIPEFITTER I-03 AEROSPACE / AVIATION

O-41 PIPEFITTER I-04 ASBESTOS MINING

O-41 PIPEFITTER I-05 AUTOMOTIVE

O-41 PIPEFITTER I-06 CHEMICAL

O-41 PIPEFITTER I-07 CONSTRUCTION TRADES

O-41 PIPEFITTER I-08 IRON / STEEL

O-41 PIPEFITTER I-09 LONGSHORE

O-41 PIPEFITTER I-10 MARITIME

O-41 PIPEFITTER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-41 PIPEFITTERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-41 PIPEFITTER I-13 PETROCHEMICAL

O-41 PIPEFITTER I-14 RAILROAD

O-41 PIPEFITTER I-15 SHIPYARD-CONSTRUCTION / REPAIR

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Alternative Exposure Intensity Factor

O-41 PIPEFITTER I-16 TEXTILE

O-41 PIPEFITTER I-17 TIRE / RUBBER

O-41 PIPEFITTER I-18 U.S. NAVY

O-41 PIPEFITTER I-19 UTILITIES

O-41 PIPEFITTERI-20 ASBESTOS MANUFACTURE OR MILLING

O-41 PIPEFITTER I-21 N/A

O-41 PIPEFITTER I-22 OTHER

O-41 PIPEFITTER I-23 UNKNOWN

O-42 PLASTERERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-42 PLASTERER I-02 ASBESTOS ABATEMENT / REMOVAL

O-42 PLASTERER I-03 AEROSPACE / AVIATION

O-42 PLASTERER I-04 ASBESTOS MINING

O-42 PLASTERER I-05 AUTOMOTIVE

O-42 PLASTERER I-06 CHEMICAL

O-42 PLASTERER I-07 CONSTRUCTION TRADES

O-42 PLASTERER I-08 IRON / STEEL

O-42 PLASTERER I-09 LONGSHORE

O-42 PLASTERER I-10 MARITIME

O-42 PLASTERER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-42 PLASTERERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-42 PLASTERER I-13 PETROCHEMICAL

O-42 PLASTERER I-14 RAILROAD

O-42 PLASTERER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-42 PLASTERER I-16 TEXTILE

O-42 PLASTERER I-17 TIRE / RUBBER

O-42 PLASTERER I-18 U.S. NAVY

O-42 PLASTERER I-19 UTILITIES

O-42 PLASTERERI-20 ASBESTOS MANUFACTURE OR MILLING

O-42 PLASTERER I-21 N/A

O-42 PLASTERER I-22 OTHER

O-42 PLASTERER I-23 UNKNOWN

O-43 PLUMBER - INSTALL / REPAIR

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-43 PLUMBER - INSTALL / REPAIR I-02 ASBESTOS ABATEMENT / REMOVAL

O-43 PLUMBER - INSTALL / REPAIR I-03 AEROSPACE / AVIATION

O-43 PLUMBER - INSTALL / REPAIR I-04 ASBESTOS MINING

O-43 PLUMBER - INSTALL / REPAIR I-05 AUTOMOTIVE

O-43 PLUMBER - INSTALL / REPAIR I-06 CHEMICAL

O-43 PLUMBER - INSTALL / I-07 CONSTRUCTION TRADES

III- 39

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Alternative Exposure Intensity Factor

REPAIRO-43 PLUMBER - INSTALL / REPAIR I-08 IRON / STEEL

O-43 PLUMBER - INSTALL / REPAIR I-09 LONGSHORE

O-43 PLUMBER - INSTALL / REPAIR I-10 MARITIME

O-43 PLUMBER - INSTALL / REPAIR I-11 MILITARY (OTHER THAN U.S. NAVY)

O-43 PLUMBER - INSTALL / REPAIR

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-43 PLUMBER - INSTALL / REPAIR I-13 PETROCHEMICAL

O-43 PLUMBER - INSTALL / REPAIR I-14 RAILROAD

O-43 PLUMBER - INSTALL / REPAIR I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-43 PLUMBER - INSTALL / REPAIR I-16 TEXTILE

O-43 PLUMBER - INSTALL / REPAIR I-17 TIRE / RUBBER

O-43 PLUMBER - INSTALL / REPAIR I-18 U.S. NAVY

O-43 PLUMBER - INSTALL / REPAIR I-19 UTILITIES

O-43 PLUMBER - INSTALL / REPAIR

I-20 ASBESTOS MANUFACTURE OR MILLING

O-43 PLUMBER - INSTALL / REPAIR I-21 N/A

O-43 PLUMBER - INSTALL / REPAIR I-22 OTHER

O-43 PLUMBER - INSTALL / REPAIR I-23 UNKNOWN

O-44 POWER PLANT OPERATOR

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-44 POWER PLANT OPERATOR I-02 ASBESTOS ABATEMENT / REMOVAL

O-44 POWER PLANT OPERATOR I-03 AEROSPACE / AVIATION

O-44 POWER PLANT OPERATOR I-04 ASBESTOS MINING

O-44 POWER PLANT OPERATOR I-05 AUTOMOTIVE

O-44 POWER PLANT OPERATOR I-06 CHEMICAL

O-44 POWER PLANT OPERATOR I-07 CONSTRUCTION TRADES

O-44 POWER PLANT OPERATOR I-08 IRON / STEEL

O-44 POWER PLANT I-09 LONGSHORE

III- 40

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Alternative Exposure Intensity Factor

OPERATORO-44 POWER PLANT OPERATOR I-10 MARITIME

O-44 POWER PLANT OPERATOR I-11 MILITARY (OTHER THAN U.S. NAVY)

O-44 POWER PLANT OPERATOR

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-44 POWER PLANT OPERATOR I-13 PETROCHEMICAL

O-44 POWER PLANT OPERATOR I-14 RAILROAD

O-44 POWER PLANT OPERATOR I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-44 POWER PLANT OPERATOR I-16 TEXTILE

O-44 POWER PLANT OPERATOR I-17 TIRE / RUBBER

O-44 POWER PLANT OPERATOR I-18 U.S. NAVY

O-44 POWER PLANT OPERATOR I-19 UTILITIES

O-44 POWER PLANT OPERATOR

I-20 ASBESTOS MANUFACTURE OR MILLING

O-44 POWER PLANT OPERATOR I-21 N/A

O-44 POWER PLANT OPERATOR I-22 OTHER

O-44 POWER PLANT OPERATOR I-23 UNKNOWN

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN)

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-02 ASBESTOS ABATEMENT / REMOVAL

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-03 AEROSPACE / AVIATION

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-04 ASBESTOS MINING

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-05 AUTOMOTIVE

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-06 CHEMICAL

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-07 CONSTRUCTION TRADES

III- 41

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Alternative Exposure Intensity Factor

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-08 IRON / STEEL

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-09 LONGSHORE

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-10 MARITIME

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-11 MILITARY (OTHER THAN U.S. NAVY)

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN)

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-13 PETROCHEMICAL

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-14 RAILROAD

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-16 TEXTILE

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-17 TIRE / RUBBER

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-18 U.S. NAVY

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-19 UTILITIES

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN)

I-20 ASBESTOS MANUFACTURE OR MILLING

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-21 N/A

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-22 OTHER

O-45 PROFESSIONAL (E.G., ACCOUNTANT, ARCHITECT, PHYSICIAN) I-23 UNKNOWN

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN /

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

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Alternative Exposure Intensity Factor

MACHINIST / CONDUCTORO-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-02 ASBESTOS ABATEMENT / REMOVAL

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-03 AEROSPACE / AVIATION

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-04 ASBESTOS MINING

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-05 AUTOMOTIVE

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-06 CHEMICAL

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-07 CONSTRUCTION TRADES

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-08 IRON / STEEL

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-09 LONGSHORE

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-10 MARITIME

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-11 MILITARY (OTHER THAN U.S. NAVY)

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-13 PETROCHEMICAL

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-14 RAILROAD

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-16 TEXTILE

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-17 TIRE / RUBBER

O-46 RAILROAD WORKER / I-18 U.S. NAVY

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Alternative Exposure Intensity Factor

CARMAN / BRAKEMAN / MACHINIST / CONDUCTORO-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-19 UTILITIES

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR

I-20 ASBESTOS MANUFACTURE OR MILLING

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-21 N/A

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-22 OTHER

O-46 RAILROAD WORKER / CARMAN / BRAKEMAN / MACHINIST / CONDUCTOR I-23 UNKNOWN

O-47 REFINERY WORKERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-47 REFINERY WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-47 REFINERY WORKER I-03 AEROSPACE / AVIATION

O-47 REFINERY WORKER I-04 ASBESTOS MINING

O-47 REFINERY WORKER I-05 AUTOMOTIVE

O-47 REFINERY WORKER I-06 CHEMICAL

O-47 REFINERY WORKER I-07 CONSTRUCTION TRADES

O-47 REFINERY WORKER I-08 IRON / STEEL

O-47 REFINERY WORKER I-09 LONGSHORE

O-47 REFINERY WORKER I-10 MARITIME

O-47 REFINERY WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-47 REFINERY WORKERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-47 REFINERY WORKER I-13 PETROCHEMICAL

O-47 REFINERY WORKER I-14 RAILROAD

O-47 REFINERY WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-47 REFINERY WORKER I-16 TEXTILE

O-47 REFINERY WORKER I-17 TIRE / RUBBER

O-47 REFINERY WORKER I-18 U.S. NAVY

O-47 REFINERY WORKER I-19 UTILITIES

O-47 REFINERY WORKERI-20 ASBESTOS MANUFACTURE OR MILLING

O-47 REFINERY WORKER I-21 N/A

O-47 REFINERY WORKER I-22 OTHER

O-47 REFINERY WORKER I-23 UNKNOWN

O-49 RIGGER / STEVEDORE / SEAMAN

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-49 RIGGER / STEVEDORE / SEAMAN I-02 ASBESTOS ABATEMENT / REMOVAL

O-49 RIGGER / I-03 AEROSPACE / AVIATION

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Alternative Exposure Intensity Factor

STEVEDORE / SEAMANO-49 RIGGER / STEVEDORE / SEAMAN I-04 ASBESTOS MINING

O-49 RIGGER / STEVEDORE / SEAMAN I-05 AUTOMOTIVE

O-49 RIGGER / STEVEDORE / SEAMAN I-06 CHEMICAL

O-49 RIGGER / STEVEDORE / SEAMAN I-07 CONSTRUCTION TRADES

O-49 RIGGER / STEVEDORE / SEAMAN I-08 IRON / STEEL

O-49 RIGGER / STEVEDORE / SEAMAN I-09 LONGSHORE

O-49 RIGGER / STEVEDORE / SEAMAN I-10 MARITIME

O-49 RIGGER / STEVEDORE / SEAMAN I-11 MILITARY (OTHER THAN U.S. NAVY)

O-49 RIGGER / STEVEDORE / SEAMAN

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-49 RIGGER / STEVEDORE / SEAMAN I-13 PETROCHEMICAL

O-49 RIGGER / STEVEDORE / SEAMAN I-14 RAILROAD

O-49 RIGGER / STEVEDORE / SEAMAN I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-49 RIGGER / STEVEDORE / SEAMAN I-16 TEXTILE

O-49 RIGGER / STEVEDORE / SEAMAN I-17 TIRE / RUBBER

O-49 RIGGER / STEVEDORE / SEAMAN I-18 U.S. NAVY

O-49 RIGGER / STEVEDORE / SEAMAN I-19 UTILITIES

O-49 RIGGER / STEVEDORE / SEAMAN

I-20 ASBESTOS MANUFACTURE OR MILLING

O-49 RIGGER / STEVEDORE / SEAMAN I-21 N/A

O-49 RIGGER / STEVEDORE / SEAMAN I-22 OTHER

O-49 RIGGER / STEVEDORE / SEAMAN I-23 UNKNOWN

O-50 RUBBER / TIRE WORKER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-50 RUBBER / TIRE WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-50 RUBBER / TIRE WORKER I-03 AEROSPACE / AVIATION

O-50 RUBBER / TIRE WORKER I-04 ASBESTOS MINING

O-50 RUBBER / TIRE I-05 AUTOMOTIVE

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Alternative Exposure Intensity Factor

WORKERO-50 RUBBER / TIRE WORKER I-06 CHEMICAL

O-50 RUBBER / TIRE WORKER I-07 CONSTRUCTION TRADES

O-50 RUBBER / TIRE WORKER I-08 IRON / STEEL

O-50 RUBBER / TIRE WORKER I-09 LONGSHORE

O-50 RUBBER / TIRE WORKER I-10 MARITIME

O-50 RUBBER / TIRE WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-50 RUBBER / TIRE WORKER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-50 RUBBER / TIRE WORKER I-13 PETROCHEMICAL

O-50 RUBBER / TIRE WORKER I-14 RAILROAD

O-50 RUBBER / TIRE WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-50 RUBBER / TIRE WORKER I-16 TEXTILE

O-50 RUBBER / TIRE WORKER I-17 TIRE / RUBBER

O-50 RUBBER / TIRE WORKER I-18 U.S. NAVY

O-50 RUBBER / TIRE WORKER I-19 UTILITIES

O-50 RUBBER / TIRE WORKER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-50 RUBBER / TIRE WORKER I-21 N/A

O-50 RUBBER / TIRE WORKER I-22 OTHER

O-50 RUBBER / TIRE WORKER I-23 UNKNOWN

O-51 SANDBLASTERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-51 SANDBLASTER I-02 ASBESTOS ABATEMENT / REMOVAL

O-51 SANDBLASTER I-03 AEROSPACE / AVIATION

O-51 SANDBLASTER I-04 ASBESTOS MINING

O-51 SANDBLASTER I-05 AUTOMOTIVE

O-51 SANDBLASTER I-06 CHEMICAL

O-51 SANDBLASTER I-07 CONSTRUCTION TRADES

O-51 SANDBLASTER I-08 IRON / STEEL

O-51 SANDBLASTER I-09 LONGSHORE

O-51 SANDBLASTER I-10 MARITIME

O-51 SANDBLASTER I-11 MILITARY (OTHER THAN U.S. NAVY)

III- 46

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Alternative Exposure Intensity Factor

O-51 SANDBLASTERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-51 SANDBLASTER I-13 PETROCHEMICAL

O-51 SANDBLASTER I-14 RAILROAD

O-51 SANDBLASTER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-51 SANDBLASTER I-16 TEXTILE

O-51 SANDBLASTER I-17 TIRE / RUBBER

O-51 SANDBLASTER I-18 U.S. NAVY

O-51 SANDBLASTER I-19 UTILITIES

O-51 SANDBLASTERI-20 ASBESTOS MANUFACTURE OR MILLING

O-51 SANDBLASTER I-21 N/A

O-51 SANDBLASTER I-22 OTHER

O-51 SANDBLASTER I-23 UNKNOWN

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-02 ASBESTOS ABATEMENT / REMOVAL

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-03 AEROSPACE / AVIATION

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-04 ASBESTOS MINING

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-05 AUTOMOTIVE

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-06 CHEMICAL

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-07 CONSTRUCTION TRADES

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-08 IRON / STEEL

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-09 LONGSHORE

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-10 MARITIME

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-11 MILITARY (OTHER THAN U.S. NAVY)

O-52 SHEET METAL WORKER / SHEET METAL

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

III- 47

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Occupation IndustryContact Group

Alternative Exposure Intensity Factor

MECHANICO-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-13 PETROCHEMICAL

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-14 RAILROAD

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-16 TEXTILE

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-17 TIRE / RUBBER

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-18 U.S. NAVY

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-19 UTILITIES

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC

I-20 ASBESTOS MANUFACTURE OR MILLING

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-21 N/A

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-22 OTHER

O-52 SHEET METAL WORKER / SHEET METAL MECHANIC I-23 UNKNOWN

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-02 ASBESTOS ABATEMENT / REMOVAL

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-03 AEROSPACE / AVIATION

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-04 ASBESTOS MINING

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-05 AUTOMOTIVE

O-53 SHIPFITTER / I-06 CHEMICAL

III- 48

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Alternative Exposure Intensity Factor

SHIPWRIGHT / SHIP BUILDERO-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-07 CONSTRUCTION TRADES

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-08 IRON / STEEL

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-09 LONGSHORE

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-10 MARITIME

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-13 PETROCHEMICAL

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-14 RAILROAD

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-16 TEXTILE

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-17 TIRE / RUBBER

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-18 U.S. NAVY

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-19 UTILITIES

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER

I-20 ASBESTOS MANUFACTURE OR MILLING

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-21 N/A

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-22 OTHER

III- 49

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Alternative Exposure Intensity Factor

O-53 SHIPFITTER / SHIPWRIGHT / SHIP BUILDER I-23 UNKNOWN

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE)

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-02 ASBESTOS ABATEMENT / REMOVAL

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-03 AEROSPACE / AVIATION

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-04 ASBESTOS MINING

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-05 AUTOMOTIVE

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-06 CHEMICAL

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-07 CONSTRUCTION TRADES

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-08 IRON / STEEL

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-09 LONGSHORE

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-10 MARITIME

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-11 MILITARY (OTHER THAN U.S. NAVY)

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE)

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-13 PETROCHEMICAL

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-14 RAILROAD

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-54 SHIPYARD WORKER (MAINLAND REPAIR,

I-16 TEXTILE

III- 50

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Alternative Exposure Intensity Factor

MAINTENANCE)O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-17 TIRE / RUBBER

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-18 U.S. NAVY

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-19 UTILITIES

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE)

I-20 ASBESTOS MANUFACTURE OR MILLING

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-21 N/A

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-22 OTHER

O-54 SHIPYARD WORKER (MAINLAND REPAIR, MAINTENANCE) I-23 UNKNOWN

O-55 STEAMFITTERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-55 STEAMFITTER I-02 ASBESTOS ABATEMENT / REMOVAL

O-55 STEAMFITTER I-03 AEROSPACE / AVIATION

O-55 STEAMFITTER I-04 ASBESTOS MINING

O-55 STEAMFITTER I-05 AUTOMOTIVE

O-55 STEAMFITTER I-06 CHEMICAL

O-55 STEAMFITTER I-07 CONSTRUCTION TRADES

O-55 STEAMFITTER I-08 IRON / STEEL

O-55 STEAMFITTER I-09 LONGSHORE

O-55 STEAMFITTER I-10 MARITIME

O-55 STEAMFITTER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-55 STEAMFITTERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-55 STEAMFITTER I-13 PETROCHEMICAL

O-55 STEAMFITTER I-14 RAILROAD

O-55 STEAMFITTER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-55 STEAMFITTER I-16 TEXTILE

O-55 STEAMFITTER I-17 TIRE / RUBBER

O-55 STEAMFITTER I-18 U.S. NAVY

O-55 STEAMFITTER I-19 UTILITIES

O-55 STEAMFITTERI-20 ASBESTOS MANUFACTURE OR MILLING

O-55 STEAMFITTER I-21 N/A

O-55 STEAMFITTER I-22 OTHER

O-55 STEAMFITTER I-23 UNKNOWN

III- 51

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Occupation IndustryContact Group

Alternative Exposure Intensity Factor

O-56 STEELWORKERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-56 STEELWORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-56 STEELWORKER I-03 AEROSPACE / AVIATION

O-56 STEELWORKER I-04 ASBESTOS MINING

O-56 STEELWORKER I-05 AUTOMOTIVE

O-56 STEELWORKER I-06 CHEMICAL

O-56 STEELWORKER I-07 CONSTRUCTION TRADES

O-56 STEELWORKER I-08 IRON / STEEL

O-56 STEELWORKER I-09 LONGSHORE

O-56 STEELWORKER I-10 MARITIME

O-56 STEELWORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-56 STEELWORKERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-56 STEELWORKER I-13 PETROCHEMICAL

O-56 STEELWORKER I-14 RAILROAD

O-56 STEELWORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-56 STEELWORKER I-16 TEXTILE

O-56 STEELWORKER I-17 TIRE / RUBBER

O-56 STEELWORKER I-18 U.S. NAVY

O-56 STEELWORKER I-19 UTILITIES

O-56 STEELWORKERI-20 ASBESTOS MANUFACTURE OR MILLING

O-56 STEELWORKER I-21 N/A

O-56 STEELWORKER I-22 OTHER

O-56 STEELWORKER I-23 UNKNOWN

O-57 WAREHOUSE WORKERI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-57 WAREHOUSE WORKER I-02 ASBESTOS ABATEMENT / REMOVAL

O-57 WAREHOUSE WORKER I-03 AEROSPACE / AVIATION

O-57 WAREHOUSE WORKER I-04 ASBESTOS MINING

O-57 WAREHOUSE WORKER I-05 AUTOMOTIVE

O-57 WAREHOUSE WORKER I-06 CHEMICAL

O-57 WAREHOUSE WORKER I-07 CONSTRUCTION TRADES

O-57 WAREHOUSE WORKER I-08 IRON / STEEL

O-57 WAREHOUSE WORKER I-09 LONGSHORE

O-57 WAREHOUSE WORKER I-10 MARITIME

O-57 WAREHOUSE WORKER I-11 MILITARY (OTHER THAN U.S. NAVY)

O-57 WAREHOUSE WORKERI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-57 WAREHOUSE WORKER I-13 PETROCHEMICAL

O-57 WAREHOUSE WORKER I-14 RAILROAD

O-57 WAREHOUSE WORKER I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-57 WAREHOUSE WORKER I-16 TEXTILE

O-57 WAREHOUSE WORKER I-17 TIRE / RUBBER

O-57 WAREHOUSE WORKER I-18 U.S. NAVY

O-57 WAREHOUSE WORKER I-19 UTILITIES

III- 52

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Alternative Exposure Intensity Factor

O-57 WAREHOUSE WORKERI-20 ASBESTOS MANUFACTURE OR MILLING

O-57 WAREHOUSE WORKER I-21 N/A

O-57 WAREHOUSE WORKER I-22 OTHER

O-57 WAREHOUSE WORKER I-23 UNKNOWN

O-58 WELDER / BLACKSMITH

I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-58 WELDER / BLACKSMITH I-02 ASBESTOS ABATEMENT / REMOVAL

O-58 WELDER / BLACKSMITH I-03 AEROSPACE / AVIATION

O-58 WELDER / BLACKSMITH I-04 ASBESTOS MINING

O-58 WELDER / BLACKSMITH I-05 AUTOMOTIVE

O-58 WELDER / BLACKSMITH I-06 CHEMICAL

O-58 WELDER / BLACKSMITH I-07 CONSTRUCTION TRADES

O-58 WELDER / BLACKSMITH I-08 IRON / STEEL

O-58 WELDER / BLACKSMITH I-09 LONGSHORE

O-58 WELDER / BLACKSMITH I-10 MARITIME

O-58 WELDER / BLACKSMITH I-11 MILITARY (OTHER THAN U.S. NAVY)

O-58 WELDER / BLACKSMITH

I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-58 WELDER / BLACKSMITH I-13 PETROCHEMICAL

O-58 WELDER / BLACKSMITH I-14 RAILROAD

O-58 WELDER / BLACKSMITH I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-58 WELDER / BLACKSMITH I-16 TEXTILE

O-58 WELDER / BLACKSMITH I-17 TIRE / RUBBER

O-58 WELDER / BLACKSMITH I-18 U.S. NAVY

O-58 WELDER / BLACKSMITH I-19 UTILITIES

O-58 WELDER / BLACKSMITH

I-20 ASBESTOS MANUFACTURE OR MILLING

O-58 WELDER / BLACKSMITH I-21 N/A

O-58 WELDER / BLACKSMITH I-22 OTHER

III- 53

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Occupation IndustryContact Group

Alternative Exposure Intensity Factor

O-58 WELDER / BLACKSMITH I-23 UNKNOWN

O-59 N/AI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-59 N/A I-02 ASBESTOS ABATEMENT / REMOVAL

O-59 N/A I-03 AEROSPACE / AVIATION

O-59 N/A I-04 ASBESTOS MINING

O-59 N/A I-05 AUTOMOTIVE

O-59 N/A I-06 CHEMICAL

O-59 N/A I-07 CONSTRUCTION TRADES

O-59 N/A I-08 IRON / STEEL

O-59 N/A I-09 LONGSHORE

O-59 N/A I-10 MARITIME

O-59 N/A I-11 MILITARY (OTHER THAN U.S. NAVY)

O-59 N/AI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-59 N/A I-13 PETROCHEMICAL

O-59 N/A I-14 RAILROAD

O-59 N/A I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-59 N/A I-16 TEXTILE

O-59 N/A I-17 TIRE / RUBBER

O-59 N/A I-18 U.S. NAVY

O-59 N/A I-19 UTILITIES

O-59 N/AI-20 ASBESTOS MANUFACTURE OR MILLING

O-59 N/A I-21 N/A

O-59 N/A I-22 OTHER

O-59 N/A I-23 UNKNOWN

O-60 N/AI-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-60 N/A I-02 ASBESTOS ABATEMENT / REMOVAL

O-60 N/A I-03 AEROSPACE / AVIATION

O-60 N/A I-04 ASBESTOS MINING

O-60 N/A I-05 AUTOMOTIVE

O-60 N/A I-06 CHEMICAL

O-60 N/A I-07 CONSTRUCTION TRADES

O-60 N/A I-08 IRON / STEEL

O-60 N/A I-09 LONGSHORE

O-60 N/A I-10 MARITIME

O-60 N/A I-11 MILITARY (OTHER THAN U.S. NAVY)

O-60 N/AI-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-60 N/A I-13 PETROCHEMICAL

O-60 N/A I-14 RAILROAD

O-60 N/A I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-60 N/A I-16 TEXTILE

O-60 N/A I-17 TIRE / RUBBER

III- 54

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Occupation IndustryContact Group

Alternative Exposure Intensity Factor

O-60 N/A I-18 U.S. NAVY

O-60 N/A I-19 UTILITIES

O-60 N/AI-20 ASBESTOS MANUFACTURE OR MILLING

O-60 N/A I-21 N/A

O-60 N/A I-22 OTHER

O-60 N/A I-23 UNKNOWN

O-61 OTHER (DESCRIBE)I-01 RESIDENTIAL / DO-IT-YOURSELF (DIY)

O-61 OTHER (DESCRIBE) I-02 ASBESTOS ABATEMENT / REMOVAL

O-61 OTHER (DESCRIBE) I-03 AEROSPACE / AVIATION

O-61 OTHER (DESCRIBE) I-04 ASBESTOS MINING

O-61 OTHER (DESCRIBE) I-05 AUTOMOTIVE

O-61 OTHER (DESCRIBE) I-06 CHEMICAL

O-61 OTHER (DESCRIBE) I-07 CONSTRUCTION TRADES

O-61 OTHER (DESCRIBE) I-08 IRON / STEEL

O-61 OTHER (DESCRIBE) I-09 LONGSHORE

O-61 OTHER (DESCRIBE) I-10 MARITIME

O-61 OTHER (DESCRIBE) I-11 MILITARY (OTHER THAN U.S. NAVY)

O-61 OTHER (DESCRIBE)I-12 NON-ASBESTOS PRODUCTS MANUFACTURING

O-61 OTHER (DESCRIBE) I-13 PETROCHEMICAL

O-61 OTHER (DESCRIBE) I-14 RAILROAD

O-61 OTHER (DESCRIBE) I-15 SHIPYARD-CONSTRUCTION / REPAIR

O-61 OTHER (DESCRIBE) I-16 TEXTILE

O-61 OTHER (DESCRIBE) I-17 TIRE / RUBBER

O-61 OTHER (DESCRIBE) I-18 U.S. NAVY

O-61 OTHER (DESCRIBE) I-19 UTILITIES

O-61 OTHER (DESCRIBE)I-20 ASBESTOS MANUFACTURE OR MILLING

O-61 OTHER (DESCRIBE) I-21 N/A

O-61 OTHER (DESCRIBE) I-22 OTHER

O-61 OTHER (DESCRIBE) I-23 UNKNOWN

III- 55

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APPENDIX IV: AUTHORIZATION FOR SETTLEMENT FACILITY TO OBTAIN TRUST RECORDSRELEASE OF RECORDS OF BANKRUPTCY

TRUSTS AND CLAIMS RESOLUTION FACILITIES AND CONSENT TO PUBLIC DISCLOSURE OF INFORMATION AND AUDIT PROCEDURES

IV- 1

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AUTHORIZATION FOR RELEASE OF RECORDS OF BANKRUPTCYTRUSTS AND CLAIMS RESOLUTION FACILITIES AND CONSENT TO PUBLIC

DISCLOSURE OF INFORMATION AND AUDIT PROCEDURES

TO WHOM IT MAY CONCERN:

The Claimant named below hereby authorizes each trust and claim resolution facility

(collectively, the “Other Trusts”) listed in the attachment hereto to provide directly to the Kaiser

Gypsum Settlement Facility (“Settlement Facility”), or any of its representatives, all submissions

made by Claimant and (if different from the Claimant) the party whose injury forms the basis of

the claim (the “Injured Party”) to the Other Trust, including claim forms, any attachments to

claim forms, and any amended or supplemental claim forms. Claimant expressly acknowledges

that each Other Trust may provide such documents directly to the Settlement Facility and need

not obtain any further authorization from the Claimant or his/her representatives.

Except to the extent otherwise prohibited under applicable state or federal privacy laws,

the Claimant authorizes public disclosure by the Settlement Facility of the following information:

Name of Claimant;All law firms that Claimant is or has been a client of;Claimant’s Contact Group;Claimant’s disease category or categories;Claimant’s years of exposure to the Debtors’ products.

The Claimant authorizes the Settlement Facility to disclose the Claimant’s Social

Security Number to the United States government.

The Claimant consents to the audit procedures developed by the Trustee pursuant to

Section 4.8 of the Claims Resolution Procedures, a copy of which is attached hereto as Exhibit

A, and agrees to disclose any information requested pursuant to such audit procedures upon

request from the Trustee.

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A copy of this Authorization shall be as valid as the original. This Authorization contains

no expiration date and may be exercised by the Settlement Facility at any time. If Claimant’s

representative has signed this Authorization, a notarized power of attorney is attached.

Name of Claimant:

Social Security No.:

Date of Birth:

Name of Injured Party (if different from Claimant): ____________________________

Social Security No.: _________________________________

Date of Birth: _____________________________________

Name of representative for Claimant or Injured Party: _____________________________

Signing party: _________________________________________

Signature:

Date:

Notarized:

Attachment: List of Trusts and Claim Resolution Facilities

3

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List of Trusts and Claim Resolution Facilities

A&I Corp. Asbestos Bodily

Injury Trust

Forty-Eight Insulations

Qualified Settlement Trust

Raytech Corp. Asbestos

Personal Injury Settlement

Trust

A-Best Asbestos Settlement

Trust

Fuller-Austin Asbestos

Settlement Trust

Rock Wool Mfg Company

Asbestos Trust

AC&S Asbestos Settlement

Trust

G-I Asbestos Settlement Trust Rutland Fire Clay Company

Asbestos Trust

Amatex Asbestos Disease

Trust Fund

H.K. Porter Asbestos Trust Shook & Fletcher Asbestos

Settlement Trust

APG Asbestos Trust Hercules Chemical Company,

Inc. Asbestos Trust

Skinner Engine Co. Asbestos

Trust

API, Inc. Asbestos Settlement

Trust

J.T. Thorpe Settlement Trust Stone and Webster Asbestos

Trust

Armstrong World Industries

Asbestos Personal Injury

Settlement Trust

JT Thorpe Company

Successor Trust

Swan Asbestos and Silica

Settlement Trust

ARTRA 524(g) Asbestos

Trust

Kaiser Gypsum Asbestos

Personal Injury Trust

T H Agriculture & Nutrition,

LLC Industries Asbestos

Personal Injury Trust

ASARCO LLC Asbestos

Personal Injury Settlement

Trust

Keene Creditors Trust Thorpe Insulation Company

Asbestos Personal Injury

Settlement Trust

4

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Babcock & Wilcox Company

Asbestos Personal Injury

Settlement Trust

Lummus 524(g) Asbestos PI

Trust

United States Gypsum

Asbestos Personal Injury

Settlement Trust

Bartells Asbestos Settlement

Trust

Lykes Tort Claims Trust United States Lines, Inc. and

United States Lines (S.A.)

Inc. Reorganization Trust

Brauer 524(g) Asbestos Trust M.H. Detrick Company

Asbestos Trust

United States Mineral

Products Company Asbestos

Personal Injury Settlement

Trust

Burns and Roe Asbestos

Personal Injury Settlement

Trust

Manville Personal Injury

Settlement Trust

UNR Asbestos-Disease

Claims Trust

C.E. Thurston & Sons

Asbestos Trust

Muralo Trust Utex Industries, Inc.

Successor Trust

Celotex Asbestos Settlement

Trust

NGC Bodily Injury Trust Wallace & Gale Company

Asbestos Settlement Trust

Combustion Engineering

524(g) Asbestos PI Trust

Owens Corning Fibreboard

Asbestos Personal Injury

Trust (OC Sub-Fund)

Western MacArthur-Western

Asbestos Trust

Congoleum Plan Trust Owens Corning Fibreboard

Asbestos Personal Injury

Trust (FB Sub-Fund)

W.R. Grace Trust

5

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DII Industries, LLC Asbestos

PI Trust

PLI Disbursement Trust Pittsburgh Corning Trust

Eagle-Picher Industries

Personal Injury Settlement

Trust

Plibrico Asbestos Trust GST Settlement Facility

Federal Mogul U.S. Asbestos

Personal Injury Trust

Porter Hayden Bodily Injury

Trust

Bondex Trust

Duro Dyne Corp. Trust

6

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re KAISER GYPSUM COMPANY, INC., et al1 Debtors.

Case No. 16-31602 Chapter 11 (Jointly Administered)

CASE MANAGEMENT ORDER FOR POST-CONFIRMATION ALLOWANCE OF DISPUTED UNRESOLVED ASBESTOS CLAIMS ELECTING

LITIGATION OPTION

Upon the motion of Truck Insurance Exchange (the “CMO Motion”)2 seeking entry of a

case management order establishing protocols for post-confirmation allowance of disputed

Unresolved Asbestos Claims whose holders elect the Litigation Option, and it appearing that this

Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157 and 1334; and it appearing

that venue of this proceeding and the CMO Motion is proper in this District pursuant to 28

U.S.C. §§ 1408 and 1409; and adequate notice of the CMO Motion having been given; and it

appearing that no other notice need be given; and after due deliberation and sufficient cause

appearing therefor,

IT IS HEREBY ORDERED THAT:

1 The Debtors are the following entities (the last four digits of their respective taxpayer identification numbers follow

in parentheses): Kaiser Gypsum Company, Inc. (0188); and Hanson Permanente Cement, Inc. (7313). The Debtors’ address is 300 E. John Carpenter Freeway, Irving, Texas 75062.

2 Capitalized terms not defined herein shall have the same meaning as in the First Amended Chapter 11 Plan of Reorganization for Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., Proposed by Truck Insurance Exchange, dated September 25, 2018 [D.I. 1203] (as it may be altered, amended, or modified from time to time, the “Plan”).

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1. The CMO Motion is granted.

2. This Order shall be applicable to holders of Unresolved Asbestos Claims who

elect the Litigation Option under the terms of the Plan (“Litigation Option Claimants”). Under

the Plan, Unresolved Asbestos Claimants are entitled to elect the Litigation Option if they do not

receive, or decide not to accept, a Settlement Offer made by the Settlement Facility as a result of

Settlement Review.3 The Reorganized Debtors and the Settlement Facility will object to any

Claims asserted by Litigation Option Claimants and be responsible for prosecuting such

objections, and the Settlement Facility and the Reorganized Debtors will pay any Claims that are

allowed through litigation, pursuant to the terms of the Plan.

3. The exercise of this Court’s jurisdiction over proceedings involving allowance of

Litigation Option Claims is necessary and essential to the implementation of the Plan.

4. As found by this Court in In re Garlock Sealing Technologies LLC, Case No. 10-

31607 (W.D.N.C. 2010), since the year 2000, asbestos personal injury litigation has been

infected by the manipulation of exposure evidence by plaintiffs and their lawyers. This tactic,

though not uniform, had a profound impact on both trials and settlements of such litigation,

inflating recoveries about what particular plaintiffs were lawfully entitled to receive.

5. One major purpose of this Order is to ensure that in any allowance litigation

involving Unresolved Asbestos Claims, evidence will not be withheld and the fact finder will

have access to all relevant information about the Litigation Option Claimant’s exposures to

asbestos and asbestos-containing products. Centralization of pretrial litigation will also enable

3 Pre-Confirmation Judgment Asbestos Claimants may elect the Litigation Option only if they elect to complete

state court appellate proceedings and such proceedings result in reversal of the judgment but not judgment in favor of the Reorganized Debtors (such as a remand for new trial).

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uniform procedures that will decrease litigation costs for both Litigation Option Claimants and

the Reorganized Debtors and the Settlement Facility.

6. A Litigation Option Claimant shall commence allowance litigation by filing a

proof of claim, using Official Form No. 10, on the docket of In re Kaiser Gypsum Company,

Inc., No. 16-31602 (Bankr. W.D.N.C.). Such filing must comply with any statutes of limitation

and repose under applicable law and the CRP, provided, however, the statute of limitations

applicable to any Unresolved Asbestos Claim that pursues the Litigation Option shall include

any extension of time by operation of 11 U.S.C. § 108(c) and shall be tolled (a) between the

Effective Date of the Plan and one year after the Settlement Facility first makes Claim Forms

available and provides notice of such date on its website and (b) between the time a Claim Form

is filed with the Settlement Facility and sixty (60) days after the Settlement Facility makes a

Settlement Offer under these CRP; unless the applicable statute of limitations has expired prior

to the Petition Date, in no event will the limitations period be shorter than one year after the

Settlement Facility provides notice of such date on its website. If an Unresolved Asbestos

Claimant reasonably believes that the applicable statute of limitation or repose will expire during

the Settlement Review process under the Settlement Facility, such Claimant may file a proof of

claim as provided in this paragraph to satisfy such statute of limitation or repose, but no further

action shall be taken on such claim, by either the Claimant or the Reorganized Debtors or the

Settlement until after Settlement Review has been completed and the Claimant has either not

received a Settlement Offer or rejected the offer made by the Settlement Facility.

7. The Reorganized Debtors and the Settlement Facility expressly reserved their

right to object to Unresolved Asbestos Claims, including post-confirmation, and have a standing

objection to any such claims filed. Therefore, the Reorganized Debtors and the Settlement

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Facility are deemed to object to the Claim and will prosecute such objection. Litigation Option

Claimants who filed a proof of claim before the Confirmation Date shall commence allowance

litigation by filing a Notice of Election of Litigation Option on the docket. The automatic

reference to the Bankruptcy Court of allowance proceedings respecting Litigation Option Claims

is withdrawn.

8. Within 180 days after filing a Proof of Claim, the Litigation Option Claimant

shall serve on the Reorganized Debtors and the Settlement Facility:

a. A certification by the Litigation Option Claimant under penalty of perjury

attesting that the Litigation Option Claimant has filed any and all claims against asbestos

bankruptcy trusts (“Trust Claims”) that are available to him or her;

b. A certification from the Litigation Option Claimant’s attorney that (i) he

has conducted a good faith investigation of all Trust Claims that may be available to the

Litigation Option Claimant, (ii) to his knowledge all such claims have been filed, (iii) he has

consulted with all other attorneys representing the Claimant in asbestos litigation or in making

claims against trusts, and (iv) such other attorneys reported no additional Trust Claims available

to the Litigation Option Claimant;

c. Answers to the interrogatories attached as Exhibit A to this Order;

d. Responses to the requests for production of documents attached as Exhibit

B to this Order; and

e. A signed copy of the release of information forms attached as Exhibit C

to this Order;

No Litigation Option Claim will be scheduled for trial absent good faith compliance with these

requirements.

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9. Within 30 days after the Proof of Claim is filed, the Reorganized Debtors and, as

applicable, the Settlement Facility, shall serve on the Litigation Option Claimant those answers

to the interrogatories attached as Exhibit D to this Order and those responses to the requests for

production of documents attached as Exhibit E to this Order that do not depend on the

Claimant’s discovery responses, and within 30 days after the Litigation Option Claimant serves

the items described in paragraph 7, shall supplement those answers and responses to include

those that do depend on the Claimant’s discovery responses.

10. The Litigation Option Claimant, the Reorganized Debtors and/or the Settlement

Facility may serve additional interrogatories or requests for production of documents with leave

of Court.

11. The Litigation Option Claimant must notify the Reorganized Debtors and the

Settlement Facility of any procedure that has resulted in the collection of pathology or other

diagnostic materials and provide advance notice of any testing on pathology or diagnostic

materials that will be done by the claimant or claimant’s experts.

12. Any motions to compel answers to interrogatories or responses to requests for

production of documents shall be filed within 270 days after the Proof of Claim is filed. The

period for deposition discovery shall not commence until any such motions have been disposed

of.

13. The number and manner of depositions shall be governed by Rules 7026 and 7030

absent Court order to the contrary. When deposition discovery commences, parties shall have

ninety days to conduct fact depositions.

14. No later than 60 days after fact depositions have ended, the Reorganized Debtors

and the Settlement Facility, on the one hand, and the Litigation Option Claimant, on the other

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hand, shall serve expert reports required by Rule 7026. The parties will then have 60 days to

conduct expert depositions.

15. Any dispositive motions and motions under Daubert v. Merrell Dow

Pharmaceuticals, 509 U.S. 579 (1993) shall be filed no later than 60 days after the end of expert

depositions. This Court shall determine the venue of any such trial pursuant to 28 U.S.C. §

157(b)(5).

16. The Reorganized Debtors and the Settlement Facility, as applicable under the

Plan, may assert any privilege (including attorney-client, work product, and joint defense

privileges) that Reorganized Debtors could have asserted prior to the Petition Date, as well as

any privilege that has arisen since that date.

17. Nothing in this Order prejudices rights any party has under the Federal Rules of

Civil and Bankruptcy Procedure and the applicable Rules of the Bankruptcy Court and the

District Court, except to the extent modified by this Order.

18. This Court shall retain jurisdiction to hear and determine all matters arising from

implementation of this Order.

19. Notwithstanding anything to the contrary in this Order, this Court retains

authority to enter orders necessary to manage its docket so as to achieve the orderly and

expeditious disposition of Litigation Option Claims, including, but not limited to, orders

allocating the pre-trial supervision of some or all Litigation Option Claims between the

Bankruptcy Court and District Court; orders establishing an inactive docket or other procedure

giving priority to Litigation Option Claimants who can demonstrate impairment, see, e.g., In re

New York City Asbestos Litig., 2002 WL 32151568 (N.Y.C. Sup. Ct. N.Y. Dec. 19, 2002); and

orders requiring Litigation Option Claimants to produce the medical diagnosis or opinion upon

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which they rely as if to withstand a dispositive motion before proceeding to discovery, see, e.g.,

Amended Administrative Order No. 12, In re Asbestos Products Liab. Litig. (No. VI), MDL-875

(E.D. Pa. Aug. 27, 2009); In re Asbestos Products Liab. Litig. (No. VI), 718 F.3d 236, 241-42 (3d

Cir. 2013).

This Order has been signed electronically. The Judge’s signature and Court’s seal appear at the top of this Order.

The Honorable J. Craig Whitley United States Bankruptcy Judge United States Bankruptcy Court

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EXHIBIT A

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re KAISER GYPSUM COMPANY, INC., et al1 Debtors.

Case No. 16-31602 Chapter 11 (Jointly Administered)

MASTER SET OF INTERROGATORIES TO CLAIMANT

Pursuant to Rule 7033 of the Federal Rules of Bankruptcy Procedure, the Debtors and the Settlement Facility (collectively, the “Defendant”), by and through counsel, request that Claimant answer the following Interrogatories, in writing and under oath, in accordance with the Case Management Order for Post-Confirmation Allowance of Disputed Unresolved Asbestos Claims Electing Litigation Option.

DEFINITIONS AND INSTRUCTIONS

1. “Asbestos” means any of the naturally-occurring fibrous silicate minerals, including both serpentine forms (chrysotile) and amphibole forms (amosite, crocidolite, tremolite, anthophyllite, and actinolite), whether referred to by their scientific names or by synonyms such as brown (amosite), white (chrysotile) or blue (crocidolite) asbestos.

2. “Asbestos-containing product” means any product or material that contains asbestos in any form. Such products include, but are not limited to, pipe covering, turbines, cement, block, gaskets, packing, plaster, joint compound, floor and ceiling tiles, mastics, raw fibers, fireproofing, shingles, panels, sheets, boards, millboard, refractory cement, boilers, firebrick, brake and clutch linings, finishing compound, texture, drilling mud, “hot tops,” and other construction, building, drywall, lath, and insulation materials.

3. “Claim” means the Unresolved Asbestos Claim.

4. “Claimant” or “you” means the Unresolved Asbestos Claimant electing the Litigation Option, as well as all other claimants asserting a Unresolved Asbestos Claim on the basis of the same asbestos-related injury, such as claimants alleging wrongful death or loss of consortium.

5. “Describe” means to provide a comprehensive, full, frank, fair, complete, accurate, and detailed description of the matter inquired of. 1 The Debtors are the following entities (the last four digits of their respective taxpayer identification numbers follow

in parentheses): Kaiser Gypsum Company, Inc. (0188); and Hanson Permanente Cement, Inc. (7313). The Debtors’ address is 300 E. John Carpenter Freeway, Irving, Texas 75062.

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6. “Document” refers to all items subject to discovery under Rule 34 of the Federal Rules of Civil Procedure, including, but not limited to, any written or recorded material of any kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise; notations of any sort of conversations, telephone calls, meetings or other communications; all graphic or oral records or representations of any kind; and electronic, mechanical, magnetic, optical or electric records or representations of any kind (including without limitation, computer files and programs, tapes, cassettes, discs, recordings), including metadata.

7. “Household Exposure” means exposure to asbestos dust or fibers in a non-occupational setting as a result of exposure to the person or personal articles of a worker who was occupationally exposed to asbestos dust or fibers.

8. “Identify” means:

(a) In the case of a person, to state his or her full name, present or last-known home and business address, and his or her present or last-known employer and job title.

(b) In the case of a business concern, to state its name and its present or last-known address, and the nature of such business concern (e.g., partnership, corporation, etc.).

(c) In the case of a document, to state its date, its author, its recipient or the person for whom it was prepared, the type of document (e.g., letter, memorandum, chart, or other category), its present location or custodian, a summary of its contents, and any other information necessary to render the document distinguishable from all others and subject to ready location. In lieu of identifying a document, a copy of the document may be supplied.

(d) In the case of a communication or act, to identify the person(s) present when the communication or act occurred, the date and location of such communication or act, the substance of such communication or act, and all documents which record, refer to, or otherwise concern such communication or act.

(e) In the case of a product, to identify the name and type of product, its identifying features and characteristics, the name of the manufacturer, and the date of manufacture.

9. “Injured Party” means the person whose alleged asbestos-related injury forms the basis of the Claim.

10. “Trust” means an entity established under the Bankruptcy Code (including, without limitation, under section 524(g)) to pay asbestos personal injury claims, whether such entity is designated as a “trust” or a “settlement facility” or by any other nomenclature.

11. If an interrogatory or definition or instruction is objected to in whole or in part, specify all grounds on which objection rests. Respond to all portions of each such request to which no objection is asserted. In addition, state whether any responsive information has been

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omitted from an interrogatory response or whether and in what way the search for responsive information has been delimited or circumscribed on the basis of any such objection.

12. If Claimant contends that an answer to any interrogatory herein is privileged in whole or in part, or otherwise objects to any part of any interrogatory, identify:

(a) the reason(s) for each objection, claim of privilege or immunity, or ground for exclusion;

(b) each person having knowledge of the factual basis, if any, on which the claim of privilege or immunity or other ground is based; and

(c) in the case of a document, identify the document as provided in paragraphs 6 and 8(c) and (d) of the instructions to these interrogatories.

13. These interrogatories are continuing in character and require you to file supplementary answers if you obtain further or different information after serving your initial answers and before trial, including in such supplemental answers the date upon and the manner in which such further or different information came to your attention.

14. You are required to furnish factual information in the possession of any of your lawyers in response to these interrogatories.

15. If the Injured Party is alleging Household Exposure, in response to any interrogatories requesting information about the Injured Party’s exposure to asbestos or asbestos-containing products, please answer with respect to the worker from which the Injured Party received Household Exposure.

INTERROGATORIES

1. Provide the following information for the Injured Party:

(a) full name;

(b) address of current residence;

(c) social security number(s);

(d) date of birth;

(e) name of spouse;

(f) spouse’s residential address, if different from Injured Party’s;

(g) date of death (if applicable); and

(h) cause of death (if applicable).

ANSWER:

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2. If the Claimant is different from the Injured Party, provide the following information:

(a) full name;

(b) address of current residence;

(c) social security number(s);

(d) date of birth; and

(e) relationship to Injured Party.

ANSWER:

3. Identify all law firms that represent or have represented the Claimant or Injured Party in any litigation involving an asbestos-related condition or with respect to any claims against Trusts, and provide the following information:

(a) name of firm;

(b) firm mailing or street address;

(c) firm phone number;

(d) name of firm contact; and

(e) phone number and email address of firm contact.

ANSWER:

4. For all wrongful death or survival claims,

(a) state the date and place of death;

(b) state whether the Injured Party had a Last Will and Testament and whether any administration has been had on the Injured Party’s estate;

(c) if any administration of the estate or probate proceedings were initiated, state the name of the executor or administrator of the estate, the date the executor or administrator first qualified, and the title and location of each court that has granted letters, orders, or other authority to the executor or administrator;

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(d) the name, age, and address of each child and each heir of the Injured Party;

(e) state whether an autopsy was performed on the Injured Party and if so, identify the person who performed the autopsy and the facility where the autopsy was performed or provide a copy of the autopsy; and

(f) state the cause of death.

ANSWER:

5. State the present name, age, date of birth, and current address of any person, including children, who is in any way financially dependent upon the Injured Party for support, including, but not limited to, parents, in-laws, relatives, or other people; for each such person, including children, state the extent to which such person is dependent upon the Injured Party for financial support or maintenance.

ANSWER:

6. State the Injured Party’s income and the source(s) of the Injured Party’s income for each year of the last five years. If the Injured Party’s spouse is employed or has been employed, state his or her income for each year of the last five years.

ANSWER:

7. If the Claimant is making a claim for lost wages or lost earning capacity, either past or future, as a result of alleged exposure to asbestos-containing products, identify the factual basis for such a claim and the monetary amount claimed to have been lost in the past or that will be lost in the future.

ANSWER:

8. Describe the amount and any method of calculating claimed economic damages.

ANSWER:

9. State the following with respect to the Injured Party:

(a) the asbestos-related injury or injuries claimed;

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(b) the first date of diagnosis of each of the Injured Party’s asbestos-related condition(s); and

(c) name and address of the physician/health care provider(s) who rendered the diagnosis or diagnoses.

ANSWER:

10. Identify all doctors, hospitals, and other health care providers or facilities that have treated the Injured Party for any heart, lung, chest-related injury, or cancer and all doctors, hospitals, and other health care providers or facilities where the Injured Party has been treated at any time during the preceding ten (10) years, to include:

(a) the approximate dates of the treatment;

(b) the names and current addresses of the doctors, hospitals or other healthcare providers; and

(c) the reasons for the treatment and diagnosis.

The Claimant may refer Defendant to medical records if such records contain the same information requested above.

ANSWER:

11. State the Injured Party’s tobacco use history, including quantity, product used, and when the Injured Party started and stopped.

ANSWER:

12. Please list all medical expenses, if any, incurred as a result of the Injured Party’s alleged exposure to asbestos-containing products and the approximate date such expenses were incurred. “Medical expenses” includes, but is not limited to, all charges for care, treatment or diagnosis by a physician, nurse, or other health care specialist; all hospital costs, charges, and expenses; and all medication expenses. The Claimant may alternatively provide access to medical bills identifying all medical expenses.

ANSWER:

13. Describe the Injured Party’s employment history, including the following:

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(a) the name and address of each employer for whom the Injured Party worked;

(b) the dates when the Injured Party worked for each employer;

(c) the location and name of each jobsite where the Injured Party was employed;

(d) the starting and ending dates of the Injured Party’s work at the site;

(e) the Injured Party’s occupation at each jobsite; and

(f) the industry in which the Injured Party worked at each jobsite.

If the Injured Party alleges Household Exposure, please answer with respect to the occupationally exposed person’s job or occupation.

ANSWER:

14. Describe the Injured Party’s occupational exposure to asbestos or asbestos- containing products, including the following:

(a) the name of each jobsite where the Injured Party was exposed to asbestos;

(b) each type of asbestos-containing product with which the Injured Party had contact at the jobsite or from which the Injured Party received asbestos exposure (i.e., pipe covering, block insulation, blankets, felt, raw asbestos, fireproofing, etc.);

(c) the manufacturer, supplier, distributor, and brand name of each asbestos-containing product identified in subpart (b);

(d) for each product identified in subparts (b) and (c), whether the Injured Party worked directly with the product or was exposed as a bystander;

(e) for each product identified in subparts (b) and (c), a list of the tasks during which the Injured Party was exposed to asbestos from the product (i.e., installing, mixing, sanding, cutting, pouring, etc.);

(f) how frequently (in terms of times per day and days per year) the Injured Party performed each task identified in subpart (e);

(g) if a product identified in subparts (b) and (c) is asbestos-containing gaskets or packing, state the number of asbestos-containing gaskets or packing the Injured Party cut or removed during a typical year when that activity was performed.

ANSWER:

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15. Describe the Injured Party’s union membership, if any, at any point during his or her working life, and the dates of membership.

ANSWER:

16. Describe any non-occupational exposure to asbestos that the Injured Party experienced, including the following:

(a) the location of any asbestos exposure experienced by the Injured Party outside an occupational setting;

(b) the dates of any such exposure;

(c) each type of asbestos-containing product with which the Injured Party had contact or to which the Injured Party was exposed outside an occupational setting;

(d) the manufacturer, supplier, distributor, and brand name of each asbestos-containing product identified in subpart (c);

(e) for each product identified in subparts (c) and (d), whether the Injured Party worked directly with the product or was exposed as a bystander;

(f) for each product identified in subparts (c) and (d), a list of the tasks during which the Injured Party was exposed to asbestos from the product (i.e., installing, mixing, sanding, cutting, pouring, etc.); and

(g) how frequently (in terms of times per day and days per year) the Injured Party performed each task identified in subpart (f).

ANSWER:

17. Identify whether the Injured Party ever worked with, used, manipulated, or was around someone who worked with, used or manipulated asbestos-containing materials that were manufactured, sold, produced, prepared, or distributed by any of the following entities or any companies related to these entities, or for which any such entity is otherwise responsible:

ABB Lummus Global, Inc. GIT / Harbison-Walker / A.P. Green

Raymark Corp. / Raytech Corp.

A-Best Products Harnischfeger Corp. Rock Wool Manufacturing

ACandS, Inc. Hercules Chemical Co. Rutland Fire Clay Co.

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Amatex Corp. Hillsborough Holdings Shook & Fletcher Insulation Co.

American Shipbuilding Co. H.K. Porter Co. Skinner Engine Co.

A.P.I., Inc. Insul Co. Special Electric Co.

Armstrong World Industries Johns-Manville Corp. Special Metals Corp.

Artra Group, Inc. J.T. Thorpe Co. Specialty Products Holding Corp. / Bondex International

ASARCO, LLC J.T. Thorpe, Inc. Standard Insulations, Inc.

Asbestos Claims Management Corp.

Kaiser Aluminum Corp. State Insulation Corp.

Babcock & Wilcox Co. Keene Corp. Swan Transportation Co.

Brauer Supply Co. Kentile Floors, Inc. T H Agriculture & Nutrition, LLC

Burns & Roe Leslie Controls, Inc. Thorpe Insulation Co.

Carey Canada, Inc. Lloyd E. Mitchell Co. Triple A Machine Shop, Inc.

Celotex Corp. Lykes Bros. Steamship Co. United Gilsonite Laboratories

C.E. Thurston M.H. Detrick United States Lines

Chicago Fire Brick Mid-Valley, Inc. / Halliburton / DII Industries

United States Mineral Products

Christy Refractories Co. LLC The Muralo Co. UNR Industries, Inc.

Combustion Engineering Murphy Marine Services, Inc. USG Corp.

Congoleum Corp. National Gypsum Co. / Ancor Holdings Inc.

Utex Industries

C.P. Hall Company National Service Industries Wallace & Gale

Dana Corp. North American Refractories Corp. (NARCO)

Waterman Steamship Corp.

Delaware Insulations Distributors

Nicolet, Inc. Western Macarthur / Western Asbestos

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Durabla Manufacturing Co. Oglebay Norton Co. W.R. Grace Co.

Eagle-Picher Industries Owens Corning / Fibreboard Garlock Sealing Technologies, LLC

E.J. Bartells Co., Inc. Philadelphia Asbestos Corp. (Pacor, Inc.)

Bestwall LLC

Federal-Mogul Pittsburgh Corning Corp. Georgia-Pacific LLC

Flintkote Co. Plant Insulation Co. Duro Dyne Corp.

Forty-Eight Insulations Plibrico Co.

Fuller-Austin Insulation Co. Porter-Hayden Co.

Gatke Corp. Prudential Lines, Inc.

General Motors Corp. Pulmosan Safety Equip. Corp.

G-I Holdings (GAF) Quigley Co.

Identify whether the Injured Party ever worked with, used, manipulated, or was around someone who worked with, used or manipulated asbestos-containing materials that were manufactured, sold, produced, prepared, or distributed by any entities not listed above (or companies related to such entities) and identify such entities.

ANSWER:

18. If the Injured Party has ever served in any capacity in the military service, state:

(a) the dates, rank, service number, and branch of service;

(b) MOS (Military Occupational Specialty) or equivalent;

(c) each location where the Injured Party was stationed;

(d) the Injured Party’s duties at each location;

(e) date and type of discharge from each tour of duty or enlistment; and

(f) type of disability and pension the Injured Party has received or is receiving, if any.

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If military service included service upon vessels, provide ship names and dates of service on each vessel.

ANSWER:

19. During the time when the Injured Party was exposed to asbestos, if the Injured Party was ever warned or given any information about hazards or potential hazards relating to asbestos by an employer for whom the Injured Party worked, a union of which the Injured Party was a member, or any other person or entity, please state the following:

(a) each date that the Injured Party was provided with a warning or other information;

(b) the person who provided such warning;

(c) whether the warning or other information was in writing;

(d) the content of the warning or other information; and

(e) what action the Injured Party took or refrained from taking as a result of the warning or other information.

ANSWER:

20. Identify any lawsuit filed or claim (including claims made through workers compensation or with the Veteran’s Administration) made in any jurisdiction in which the Claimant or Injured Party claimed a personal injury affecting his/her lungs or pleura (including, but not limited to, any asbestos-related, silica-related, mixed-dust related or welding-fume related condition) including:

(a) the identity of each entity against whom any such lawsuit was filed or against whom any claim was made;

(b) the full style, including name, cause number and court, in which the lawsuit, if any, was filed, and identifying information such as claim number and dates of claim(s) for any claims made;

(c) counsel, if any, that represented the Injured Party or Claimant in any such lawsuit(s) or claim(s);

(d) the current status and result of any such lawsuit(s) or claim(s); and

(e) the amount, if any, received in resolution or settlement of any such lawsuit(s) or claim(s) and from whom received.

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ANSWER:

21. Identify any claim or settlement made or anticipated to be made with any Trust, including:

(a) the full identity of the entity against whom such claim was or will be made; and

(b) the date such claim was made and current status (i.e., claim made and pending, claim approved, claim paid).

The Trusts with respect to which the Claimant should answer include, but are not limited to, the following:

A&I Corp. Asbestos Bodily Injury Trust

Forty-Eight Insulations Qualified Settlement Trust

Raytech Corp. Asbestos Personal Injury Settlement Trust

A-Best Asbestos Settlement Trust

Fuller-Austin Asbestos Settlement Trust

Rock Wool Mfg Company Asbestos Trust

AC&S Asbestos Settlement Trust

G-I Asbestos Settlement Trust Rutland Fire Clay Company Asbestos Trust

Amatex Asbestos Disease Trust Fund

H.K. Porter Asbestos Trust Shook & Fletcher Asbestos Settlement Trust

APG Asbestos Trust Hercules Chemical Company, Inc. Asbestos Trust

Skinner Engine Co. Asbestos Trust

API, Inc. Asbestos Settlement Trust

J.T. Thorpe Settlement Trust Stone and Webster Asbestos Trust

Armstrong World Industries Asbestos Personal Injury Settlement Trust

JT Thorpe Company Successor Trust

Swan Asbestos and Silica Settlement Trust

ARTRA 524(g) Asbestos Trust

Kaiser Asbestos Personal Injury Trust

T H Agriculture & Nutrition, LLC Industries Asbestos Personal Injury Trust

ASARCO LLC Asbestos Personal Injury Settlement Trust

Keene Creditors Trust Thorpe Insulation Company Asbestos Personal Injury Settlement Trust

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Babcock & Wilcox Company Asbestos Personal Injury Settlement Trust

Lummus 524(g) Asbestos PI Trust

United States Gypsum Asbestos Personal Injury Settlement Trust

Bartells Asbestos Settlement Trust

Lykes Tort Claims Trust United States Lines, Inc. and United States Lines (S.A.) Inc. Reorganization Trust

Brauer 524(g) Asbestos Trust M.H. Detrick Company Asbestos Trust

United States Mineral Products Company Asbestos Personal Injury Settlement Trust

Burns and Roe Asbestos Personal Injury Settlement Trust

Manville Personal Injury Settlement Trust

UNR Asbestos-Disease Claims Trust

C.E. Thurston & Sons Asbestos Trust

Muralo Trust Utex Industries, Inc. Successor Trust

Celotex Asbestos Settlement Trust

NGC Bodily Injury Trust Wallace & Gale Company Asbestos Settlement Trust

Combustion Engineering 524(g) Asbestos PI Trust

Owens Corning Fibreboard Asbestos Personal Injury Trust (OC Sub-Fund)

Western MacArthur-Western Asbestos Trust

Congoleum Plan Trust Owens Corning Fibreboard Asbestos Personal Injury Trust (FB Sub-Fund)

W.R. Grace Trust

DII Industries, LLC Asbestos PI Trust

PLI Disbursement Trust Pittsburgh Corning Trust

Eagle-Picher Industries Personal Injury Settlement Trust

Plibrico Asbestos Trust GST Settlement Facility

Federal Mogul U.S. Asbestos Personal Injury Trust

Porter Hayden Bodily Injury Trust

Bondex Trust

Duro Dyne Corp. Trust

ANSWER:

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22. If the Claimant or Injured Party has entered into any settlement agreement with respect to the asbestos-related injury, or if a defendant, Trust, or any third party has agreed to make payment to the claimant/decedent for his/her asbestos-related condition, please state:

(a) the full name of the party or person with whom the Claimant or Injured Party entered into an agreement;

(b) the date of the agreement; and

(c) the amount of money each person or party has paid or agreed to pay.

ANSWER:

23. Identify each person Claimant may call as a fact witness at the trial of this matter or upon whose sworn statement or testimony Claimant may rely at trial; fully identify any claim or lawsuit where such witness asserted or claimed his/her own asbestos-related illness or condition; and list all prior depositions of the witness, whether as a plaintiff or witness, in any case alleging asbestos exposure.

ANSWER:

24. Identify each person Claimant may call as an expert witness at the trial of this matter, and with respect to each such person identify:

(a) the subject matter about which the expert is expected to testify;

(b) the substance of the facts and opinions about which the expert is expected to testify;

(c) the grounds for each opinion about which the expert is expected to testify; and

(d) all documents provided to the expert in connection with this matter.

ANSWER:

25. Identify any other persons having knowledge of facts relating to the subject matter of this action and, as to each such person, set forth a summary of the important facts known or observed by such person and state whether any written or recorded statement was taken from such person concerning any of the subject matter of this action.

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ANSWER:

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EXHIBIT B

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re KAISER GYPSUM COMPANY, INC., et al1 Debtors.

Case No. 16-31602 Chapter 11 (Jointly Administered)

MASTER SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO CLAIMANT

Pursuant to Rule 7034 of the Federal Rules of Bankruptcy Procedure, the Debtors and the Settlement Facility (collectively, “Defendant”), through counsel, requests that claimant respond to the following requests for production of documents in accordance with the Case Management Order for Post-Confirmation Allowance of Disputed Unresolved Asbestos Claims Electing Litigation Option.

DEFINITIONS AND INSTRUCTIONS

1. “Asbestos” means any of the naturally-occurring fibrous silicate minerals, including both serpentine forms (chrysotile) and amphibole forms (amosite, crocidolite, tremolite, anthophyllite, and actinolite), whether referred to by their scientific names or by synonyms such as brown (amosite), white (chrysotile) or blue (crocidolite) asbestos.

2. “Asbestos-containing product” means any product or material that contains asbestos in any form. Such products include, but are not limited to, pipe covering, turbines, cement, block, gaskets, packing, plaster, joint compound, floor and ceiling tiles, mastics, raw fibers, fireproofing, shingles, panels, sheets, boards, millboard, refractory cement, boilers, firebrick, brake and clutch linings, finishing compound, texture, drilling mud, “hot tops,” and other construction, building, drywall, lath, and insulation materials.

3. “Claim” means the Unresolved Asbestos Claim.

4. “Claimant” or “you” means the Unresolved Asbestos Claimant electing the Litigation Option, as well as all other claimants asserting a Unresolved Asbestos Claim on the basis of the same asbestos-related injury, such as claimants alleging wrongful death or loss of consortium.

5. “Document” refers to all items subject to discovery under Rule 34 of the Federal Rules of Civil Procedure, including, but not limited to, any written or recorded material of any 1 The Debtors are the following entities (the last four digits of their respective taxpayer identification numbers follow

in parentheses): Kaiser Gypsum Company, Inc. (0188); and Hanson Permanente Cement, Inc. (7313). The Debtors’ address is 300 E. John Carpenter Freeway, Irving, Texas 75062.

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kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise; notations of any sort of conversations, telephone calls, meetings or other communications; all graphic or oral records or representations of any kind; and electronic, mechanical, magnetic, optical or electric records or representations of any kind (including without limitation, computer files and programs, tapes, cassettes, discs, recordings), including metadata.

6. “Household Exposure” means exposure to asbestos dust or fibers in a non-occupational setting as a result of exposure to the person or personal articles of a worker who was occupationally exposed to asbestos dust or fibers.

7. “Identify” means:

(a) In the case of a person, to state his or her full name, present or last-known home and business address, and his or her present or last-known employer and job title.

(b) In the case of a business concern, to state its name and its present or last-known address, and the nature of such business concern (e.g., partnership, corporation, etc.).

(c) In the case of a document, to state its date, its author, its recipient or the person for whom it was prepared, the type of document (e.g., letter, memorandum, chart, or other category), its present location or custodian, a summary of its contents, and any other information necessary to render the document distinguishable from all others and subject to ready location. In lieu of identifying a document, a copy of the document may be supplied.

(d) In the case of a communication or act, to identify the person(s) present when the communication or act occurred, the date and location of such communication or act, the substance of such communication or act, and all documents which record, refer to, or otherwise concern such communication or act.

(e) In the case of a product, the name and type of product, its identifying features and characteristics, the name of the manufacturer, and the date of manufacture.

8. “Injured Party” means the person whose alleged asbestos-related injury forms the basis of the Claim.

9. “Trust” means an entity established under the Bankruptcy Code (including, without limitation, under section 524(g)) to pay asbestos personal injury claims, whether such entity is designated as a “trust” or a “settlement facility” or by any other nomenclature.

10. If a document request or definition or instruction is objected to in whole or in part, specify all grounds on which objection rests. Respond to all portions of each such request to which no objection is asserted.

11. If Claimant contends that any documents requested are privileged in whole or in part, or otherwise objects to any part of any document request, identify:

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(a) the reason(s) for each objection, claim of privilege or immunity, or ground for exclusion;

(b) each person having knowledge of the factual basis, if any, on which the claim of privilege or immunity or other ground is based; and

(c) identify the document.

12. If the Injured Party is alleging Household Exposure, in response to any requests for documents relating to the Injured Party’s exposure to asbestos or asbestos-containing products, please respond with respect to the worker from which the Injured Party received Household Exposure.

REQUESTS FOR PRODUCTION OF DOCUMENTS

1. Detailed Social Security earnings records for the Injured Party, as supplied by the Social Security Administration.

RESPONSE:

2. All medical records and diagnosing letters or reports, relating to the asbestos-related condition that forms the basis for the Claim, regardless of when received, and medical records relating to any prior medical treatment received by the Injured Party during the past five years.

RESPONSE:

3. Any original biological samples, tissue, paraffin blocks, slides, electron micrographs, and chest x-rays from examining and/or treating physicians, hospitals, clinics, or other health care providers.

RESPONSE:

4. With respect to any Injured Party asserting a claim of cancer or other malignancy, if no pathological materials are readily available from medical providers, an agreement stating that any pathological materials may be obtained for independent evaluation at the election of Defendant.

RESPONSE:

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5. Payroll and employment records relating to the Injured Party’s employment identified in the Claimant’s Answers to Interrogatories, including military service records.

RESPONSE:

6. The Injured Party’s income tax returns for the preceding five (5) years.

RESPONSE:

7. Veteran’s Administration records and all military and ship service records relating to the Injured Party.

RESPONSE:

8. Any reports or letters from any physician, medical provider, or any expert concerning the Injured Party or his medical condition.

RESPONSE:

9. All documents, including, but not limited to, sales receipts, product lists, contracts, naval records, specifications, product labels, invoices, purchase orders, work orders, receipts, catalogues, photographs, videotapes, product packaging, and brochures that evidence the Injured Party’s exposure to asbestos or relate to the products, work, or work sites described in the Answers to Interrogatories.

RESPONSE:

10. If the Injured Party has died, provide:

(a) the death certificate(s);

(b) the report of autopsy (including private autopsy), if any, and autopsy photos;

(c) letters testamentary; and

(d) application and court orders from each jurisdiction where a representative has requested appointment, and documents showing the appointment of a representative of the estate.

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RESPONSE:

11. A copy of the current resume and bibliography of each expert identified in the Answers to Interrogatories.

RESPONSE:

12. All documents that have been provided to, reviewed by, or prepared by or for an expert identified in the Answers to Interrogatories.

RESPONSE:

13. All statements, invoices, and other billing records that evidence or relate to any fees and expenses charged by any expert identified in the Answers to Interrogatories for time spent, or services rendered, in support of this Claim.

RESPONSE:

14. A copy of the expert report rendered by any expert identified in the Answers to Interrogatories.

RESPONSE:

15. A copy of any written statements or recorded statements, witness statements, and affidavits given or made by the Injured Party or Claimant relating to asbestos exposure or asbestos-related injury or disease, including those made in any lawsuit, regardless of whether the Injured Party or Claimant was a party.

RESPONSE:

16. Copies of any photographs, videotapes, or films depicting any of the sites at which the Injured Party was exposed to asbestos or asbestos-containing products.

RESPONSE:

17. All documents that the Claimant may seek to introduce into evidence at trial.

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RESPONSE:

18. All documents that support the contention that the Injured Party lost wages or incurred lost earning capacity as a result of the alleged asbestos-related injury.

RESPONSE:

19. All documents containing, depicting, describing, evidencing, or relating to any warnings, cautions, protections, instructions, rules, procedures, or guidelines relating to asbestos or dust and provided to the Injured Party during his or her working career by any employer, union, general contractor, premises owner or occupier, or other person or entity.

RESPONSE:

20. Copies of all petitions, complaints, and other pleadings (including all amended and supplemental petitions, complaints, and pleadings) and all interrogatory and other discovery responses (including all amended and supplemented responses) served or filed, or authorized to be served or filed, by the Claimant or Injured Party or on their behalf in any court or administrative agency, in any lawsuit or proceeding in which he/she alleges that the Injured Party suffered from any exposure to asbestos or any other occupational dust, gases, or chemicals.

RESPONSE:

21. All transcripts and videotapes of any prior deposition, trial, or other sworn testimony in any lawsuit, proceeding, or claim involving or relating to asbestos, given by the Claimant or Injured Party or any person identified by them in this lawsuit as being a person with knowledge of relevant facts.

RESPONSE:

22. All documents that describe, depict, or reference any dust mask, respirator, or other respiratory protection product ever used by the Injured Party, including any dust mask, respirator, or other respiratory protection in the Injured Party’s possession.

RESPONSE:

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23. All documents evidencing, reflecting, showing results of, or otherwise relating to any air monitoring, sampling, or testing for the presence or level of asbestos fibers or dust in general on any premises on which the Injured Party was exposed to asbestos.

RESPONSE:

24. All claim forms submitted by the Claimant or Injured Party or on their behalf to any Trust, including any attachments to such forms and any new or amended versions of such submissions.

RESPONSE:

25. All other documents submitted to or served upon any Trust containing any information regarding the Injured Party’s contact with or exposure to asbestos or asbestos-containing products.

RESPONSE:

26. All ballots submitted by the Injured Party or Claimant or on their behalf in any bankruptcy case on the basis of an alleged asbestos-related personal injury claim.

RESPONSE:

27. All documents constituting, reflecting, memorializing, evidencing, or relating to settlement agreements, contracts, deals, or any other type of agreement or understanding (whether or not reduced to final form and whether or not fully performed, paid, or satisfied) which the Claimant or Injured Party has entered into, or agreed to enter into, with any person or company or other entity, to compromise, settle, release, or otherwise resolve any claim or potential claim (including any lawsuit, other legal proceeding, worker’s compensation claim, or other claim) relating to any asbestos-related injury.

RESPONSE:

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EXHIBIT C

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VA Form 10-5345 Page 1 of 2 SEPT 2018

Department of Veterans Affairs REQUEST FOR AND AUTHORIZATION TO RELEASEHEALTH INFORMATION

PRIVACY ACT AND PAPER WORK REDUCTION ACT INFORMATION: The Paperwork Reduction Act of 1995 requires us to notify you that this information collection is in accordance with the clearance requirements of section 3507 of the Act. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless is displays a valid OMB number. We anticipate that the time expended by all individuals who must complete this form will average 2 minutes. This includes the time it will take to read the instructions, gather the necessary facts and fill out this form. The execution of this form does not authorize the release of information other than that specifically described below.

The information requested on this form is solicited under Title 38 U.S.C. The form authorizes release of information in accordance with the Health Insurance Portability and Accountability Act, 45 CFR Parts 160 and 164; 5 U.S.C. 552a; and 38 U.S.C. 5701 and 7332 that you specify. Your disclosure of the information requested on this form is voluntary. However, if the information including the last four of your Social Security Number (SSN) and Date of Birth (used to locate records for release) is not furnished completely and accurately, VA will be unable to comply with the request. The Veterans Health Administration may not condition treatment, payment, enrollment or eligibility on signing the authorization. VA may disclose the information that you put on the form as permitted by law. VA may make a “routine use” disclosure of the information as outlined in the Privacy Act system of records notices identified as 24VA10P2 “Patient Medical Record – VA”, 08VA05 “Employee Medical File System Records (Title 38)-VA” and in accordance with the Notice of Privacy Practices. VA may also use this information to identify veterans and person claiming or receiving VA benefits and their records, and for other purposes authorized or required by law.

TO: DEPARTMENT OF VETERANS AFFAIRS (Name and address of VA health care facility):

LAST NAME-FIRST NAME-MIDDLE INITIAL LAST 4 SSN DATE OF BIRTH

NAME AND ADDRESS OF ORGANIZATION, INDIVIDUAL, OR TITLE OF INDIVIDUAL TO WHOM INFORMATION IS TO BE RELEASED

PURPOSE(S) OR NEED: Information is to be used by the organization or individual for

� Treatment � Benefits � Legal � Employment � Other – Please specify.______________________

___________________________________________________________________________________________

INFORMATION REQUESTED: Check applicable box(es) and state the extent or nature of information to be provided:� Health Summary (prior 2 years)� Inpatient Discharge Summary (dates): ________________________________________________� Progress Notes:

� Specific clinics (name & date range): ____________________________________________� Specific providers (name & date range): __________________________________________� Date range: ________________________

� Operative/Clinical Procedures (name &date): __________________________________________� Lab results:

� Specific tests (name & date): __________________________________________________� Date range: ____________________________

� Radiology Reports (name & date): ___________________________________________________� List of Active Medications� Flu Vaccination (dose, lot number, date & location) � Other (describe below):

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VA Form 10-5345 Page 2 of 2 SEPT 2018

LAST NAME-FIRST NAME-MIDDLE INITIAL LAST 4 SSN DATE OF BIRTH

SENSITIVE DIAGNOSES: REVIEW AND, IF APPROPRIATE, COMPLETE WHEN RELEASE IS FOR ANY PURPOSE

OTHER THAN TREATMENT.I request and authorize the Department of Veterans Affairs to release the information pertaining to the condition(s)below for the non-treatment purpose(s) listed in this authorization:� Drug Abuse � Alcoholism or Alcohol Abuse � Sickle Cell Anemia� Human Immunodeficiency Virus (HIV)

I understand that information on these sensitive diagnoses may be released for treatment purposes without me checking the above boxes, and will be released even if the boxes are unchecked unless I indicate by checking the box below that Ido not want this information released for this specific disclosure.� I do not want sensitive diagnoses released for treatment purposes under this specific authorization. I realizethis does not impact other future requests unrelated to this authorization.

AUTHORIZATION: I certify that this request has been made freely, voluntarily and without coercion, or because acondition of VA employment mandates the signing of this authorization. The information given above is accurate and complete to the best of my knowledge. I understand that I will receive a copy of this form after I sign it. I may revoke this authorization in writing, at any time except to the extent that action has already been taken to comply with it. Written revocation is effective upon receipt by the Release of Information Unit at the facility housing records. Any information disclosed per this authorization may no longer be protected by Federal confidentiality laws or regulations and may be subject to re-disclosure by the recipient.

I understand that the VA health care provider’s opinions and statements are not official VA decisions regarding whether I will receive other VA benefits or, if I receive VA benefits, their amount. They may, however, be considered with other evidence when these decisions are made at a VA Regional Office that specializes in benefit decisions.

EXPIRATION: Without my express revocation, the authorization will automatically expire� After one-time disclosure, if all needs are satisfied� On __________________ (enter a future date other than date signed by patient)� Under the following condition(s):_________________________________________________________________

PATIENT SIGNATURE DATE (mm/dd/yyyy)

LEGAL REPRESENTATIVE SIGNATURE (if applicable) DATE (mm/dd/yyyy)

PRINT NAME OF LEGAL REPRESENTATIVE

RELATIONSHIP TO PATIENT

FOR VA USE ONLY Type and Extent of Material Released: Date Released: Released by:

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Form 4506(July 2017)

Department of the Treasury Internal Revenue Service

Request for Copy of Tax Return Do not sign this form unless all applicable lines have been completed.

Request may be rejected if the form is incomplete or illegible.

For more information about Form 4506, visit www.irs.gov/form4506.

OMB No. 1545-0429

Tip. You may be able to get your tax return or return information from other sources. If you had your tax return completed by a paid preparer, they should be able to provide you a copy of the return. The IRS can provide a Tax Return Transcript for many returns free of charge. The transcript provides most of the line entries from the original tax return and usually contains the information that a third party (such as a mortgage company) requires. See Form 4506-T, Request for Transcript of Tax Return, or you can quickly request transcripts by using our automated self-help service tools. Please visit us at IRS.gov and click on “Get a Tax Transcript...” or call 1-800-908-9946.

1a Name shown on tax return. If a joint return, enter the name shown first. 1b First social security number on tax return,

individual taxpayer identification number, or

employer identification number (see instructions)

2a If a joint return, enter spouse’s name shown on tax return. 2b Second social security number or individual

taxpayer identification number if joint tax return

3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code (see instructions)

4 Previous address shown on the last return filed if different from line 3 (see instructions)

5 If the tax return is to be mailed to a third party (such as a mortgage company), enter the third party’s name, address, and telephone number.

Caution: If the tax return is being mailed to a third party, ensure that you have filled in lines 6 and 7 before signing. Sign and date the form once you have filled in these lines. Completing these steps helps to protect your privacy. Once the IRS discloses your tax return to the third party listed on line 5, the IRS has no control over what the third party does with the information. If you would like to limit the third party's authority to disclose your return information, you can specify this limitation in your written agreement with the third party.

6 Tax return requested. Form 1040, 1120, 941, etc. and all attachments as originally submitted to the IRS, including Form(s) W-2, schedules, or amended returns. Copies of Forms 1040, 1040A, and 1040EZ are generally available for 7 years from filing before they are destroyed by law. Other returns may be available for a longer period of time. Enter only one return number. If you need more than one type of return, you must complete another Form 4506.

Note: If the copies must be certified for court or administrative proceedings, check here . . . . . . . . . . . . . . .

7 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than eight years or periods, you must attach another Form 4506.

8 Fee. There is a $50 fee for each return requested. Full payment must be included with your request or it will

be rejected. Make your check or money order payable to “United States Treasury.” Enter your SSN, ITIN,

or EIN and “Form 4506 request” on your check or money order.

a Cost for each return . . . . . . . . . . . . . . . . . . . . . . . . . . . $

b Number of returns requested on line 7 . . . . . . . . . . . . . . . . . . . . . .c Total cost. Multiply line 8a by line 8b . . . . . . . . . . . . . . . . . . . . . . $

9 If we cannot find the tax return, we will refund the fee. If the refund should go to the third party listed on line 5, check here . . . . .

Caution: Do not sign this form unless all applicable lines have been completed. Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the tax return requested. If the request applies to a joint return, at least one spouse must sign. If signed by a corporate officer, 1 percent or more shareholder, partner, managing member, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506 on behalf of the taxpayer. Note: This form must be received by IRS within 120 days of the signature date.

Signatory attests that he/she has read the attestation clause and upon so reading

declares that he/she has the authority to sign the Form 4506. See instructions.

Sign

Here

Phone number of taxpayer on line 1a or 2a

Signature (see instructions) Date

Title (if line 1a above is a corporation, partnership, estate, or trust)

Spouse’s signature Date

For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 41721E Form 4506 (Rev. 7-2017)

50.00

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Form 4506 (Rev. 7-2017) Page 2

Section references are to the Internal Revenue Code unless otherwise noted.

Future Developments

For the latest information about Form 4506 and its instructions, go to www.irs.gov/form4506. Information about any recent developments affecting Form 4506, Form 4506-T and Form 4506T-EZ will be posted on that page.

General Instructions Caution: Do not sign this form unless all applicable lines have been completed.

Purpose of form. Use Form 4506 to request a copy of your tax return. You can also designate (on line 5) a third party to receive the tax return.

How long will it take? It may take up to 75 calendar days for us to process your request.

Tip. Use Form 4506-T, Request for Transcript of Tax Return, to request tax return transcripts, tax account information, W-2 information, 1099 information, verification of nonfiling, and records of account.

Automated transcript request. You can quickly request transcripts by using our automated self-help service tools. Please visit us at IRS.gov and click on “Get a Tax Transcript...” or call 1-800-908-9946.

Where to file. Attach payment and mail Form 4506 to the address below for the state you lived in, or the state your business was in, when that return was filed. There are two address charts: one for individual returns (Form 1040 series) and one for all other returns.

If you are requesting a return for more than one year or period and the chart below shows two different addresses, send your request to the address based on the address of your most recent return.

Chart for individual returns (Form 1040 series)

If you filed an

individual return

and lived in:

Mail to:

Alabama, Kentucky, Louisiana, Mississippi, Tennessee, Texas, a foreign country, American Samoa, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, or A.P.O. or F.P.O. address

Internal Revenue Service RAIVS Team Stop 6716 AUSC Austin, TX 73301

Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming

Internal Revenue Service RAIVS Team Stop 37106 Fresno, CA 93888

Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia

Internal Revenue Service RAIVS Team Stop 6705 P-6 Kansas City, MO 64999

Chart for all other returns

If you lived in

or your business

was in:

Mail to:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, a foreign country, American Samoa, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, or A.P.O. or F.P.O. address

Internal Revenue Service RAIVS Team P.O. Box 9941 Mail Stop 6734 Ogden, UT 84409

Connecticut, Delaware, District of Columbia, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin

Internal Revenue Service RAIVS Team P.O. Box 145500 Stop 2800 F Cincinnati, OH 45250

Specific Instructions Line 1b. Enter your employer identification number (EIN) if you are requesting a copy of a business return. Otherwise, enter the first social security number (SSN) or your individual taxpayer identification number (ITIN) shown on the return. For example, if you are requesting Form 1040 that includes Schedule C (Form 1040), enter your SSN.

Line 3. Enter your current address. If you use a P.O. box, please include it on this line 3.

Line 4. Enter the address shown on the last return filed if different from the address entered on line 3.

Note: If the addresses on lines 3 and 4 are different and you have not changed your address with the IRS, file Form 8822, Change of Address. For a business address, file Form 8822-B, Change of Address or Responsible Party — Business.

Signature and date. Form 4506 must be signed and dated by the taxpayer listed on line 1a or 2a. The IRS must receive Form 4506 within 120 days of the date signed by the taxpayer or it will be rejected. Ensure that all applicable lines are completed before signing.

!CAUTION

You must check the box in the signature area to acknowledge you have the authority to sign and request the information. The form will not be

processed and returned to you if the box is unchecked.

Individuals. Copies of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506 exactly as your name appeared on the original return. If you changed your name, also sign your current name.

Corporations. Generally, Form 4506 can be signed by: (1) an officer having legal authority to bind the corporation, (2) any person designated by the board of directors or other governing body, or (3) any officer or employee on written request by any principal officer and attested to by the secretary or other officer. A bona fide shareholder of record owning 1 percent or more of the outstanding stock of the corporation may submit a Form 4506 but must provide documentation to support the requester's right to receive the information.

Partnerships. Generally, Form 4506 can be signed by any person who was a member of the partnership during any part of the tax period requested on line 7.

All others. See section 6103(e) if the taxpayer has died, is insolvent, is a dissolved corporation, or if a trustee, guardian, executor, receiver, or administrator is acting for the taxpayer.

Note: If you are Heir at law, Next of kin, or Beneficiary you must be able to establish a material interest in the estate or trust.

Documentation. For entities other than individuals, you must attach the authorization document. For example, this could be the letter from the principal officer authorizing an employee of the corporation or the letters testamentary authorizing an individual to act for an estate.

Signature by a representative. A representative can sign Form 4506 for a taxpayer only if this authority has been specifically delegated to the representative on Form 2848, line 5. Form 2848 showing the delegation must be attached to Form 4506.

Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to establish your right to gain access to the requested return(s) under the Internal Revenue Code. We need this information to properly identify the return(s) and respond to your request. If you request a copy of a tax return, sections 6103 and 6109 require you to provide this information, including your SSN or EIN, to process your request. If you do not provide this information, we may not be able to process your request. Providing false or fraudulent information may subject you to penalties.

Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation, and cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism.

You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103.

The time needed to complete and file Form 4506 will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form, 10 min.; Preparing the form, 16 min.; and Copying, assembling, and sending the form to the IRS, 20 min.

If you have comments concerning the accuracy of these time estimates or suggestions for making Form 4506 simpler, we would be happy to hear from you. You can write to:

Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224.

Do not send the form to this address. Instead, see Where to file on this page.

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Form SSA-7050-F4 (10-2016) UF Discontinue prior editionsSocial Security Administration

REQUEST FOR SOCIAL SECURITY EARNINGS INFORMATION

Page 1 of 4 OMB No. 0960-0525

*Use This Form If You Need

1. Certified/Non-Certified Detailed Earnings InformationIncludes periods of employment or self-employment and the names and addresses of employers.

OR

2. Certified Yearly Totals of EarningsIncludes total earnings for each year but does not include the names and addresses of employers.

DO NOT USE THIS FORM TO REQUEST YEARLY EARNINGS TOTALS

Yearly earnings totals are FREE to the public if you do not require certification.

To obtain FREE yearly totals of earnings, visit our website at www.ssa.gov/myaccount.

Privacy Act Statement Collection and Use of Personal Information

Section 205 of the Social Security Act, as amended, authorizes us to collect the information on this form. We will use the information you provide to identify your records and send the earnings information you request. Completion of this form is voluntary; however, failure to do so may prevent your request from being processed.

We rarely use the information in your earnings record for any purpose other than for determining your entitlement to Social Security benefits. However, we may use it for the administration and integrity of Social Security programs. We may also disclose information to another person or to another agency in accordance with approved routine uses, which include but are not limited to the following:

1. To enable a third party or an agency to assist Social Security in establishing rights to Social Security benefits and/or coverage;

2. To comply with Federal laws requiring the release of information from Social Security records (e.g., to the Government Accountability Office and Department of Veterans' Affairs);

3. To make determinations for eligibility in similar health and income maintenance programs at the Federal, State, and local level; and,

4. To facilitate statistical research, audit, or investigative activities necessary to assure the integrity and improvement of Social Security programs.

A complete list of routine uses for earnings information is available in our Systems of Records Notices entitled, the Earnings Recording and Self-Employment Income System (60-0059), the Master Beneficiary Record (60-0090), and the SSA-Initiated Personal Earnings and Benefit Estimate Statement (60-0224). In addition, you may choose to pay for the earnings information you requested with a credit card. 31 C.F.R. Part 206 specifically authorizes us to collect credit card information. The information you provide about your credit card is voluntary. Providing payment information is only necessary if you are making payment by credit card. You do not need to fill out the credit card information if you choose another means of payment (for example, by check or money order). If you choose the credit card payment option, we will provide the information you give us to the banks handling your credit card account and the Social Security Administration's (SSA) account.

Routine uses applicable to credit card information, include but are not limited to: (1) to enable a third party or an agency to assist Social Security to effect a salary or an administrative offset or to an agent of SSA that is a consumer reporting agency for preparation of a commercial credit report in accordance with 31 U.S.C. §§ 3711, 3717 and 3718; and (2) to a consumer reporting agency or debt collection agent to aid in the collection of outstanding debts to the Federal Government. A complete list of routine uses for credit card information is available in our System of Records Notice entitled, the Financial Transactions of SSA Accounting and Finance Offices (60-0231). The notice, additional information regarding this form, routine uses of information, and our programs and systems is available on-line at www.socialsecurity.gov or at your local Social Security office.

Paperwork Reduction Act Statement - This information collection meets the requirements of 44 U.S.C. § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget control number. We estimate that it will take about 11 minutes to read the instructions, gather the facts, and answer the questions. Send only comments relating to our time estimate above to: SSA, 6401 Security Blvd, Baltimore, MD 21235-6401.

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Page 2 of 4Form SSA-7050-F4 (10-2016) UF

REQUEST FOR SOCIAL SECURITY EARNINGS INFORMATION1. Provide your name as it appears on your most recent Social Security card or the name of the individual whose

earnings you are requesting.

First Name: Middle Initial:

Last Name:

Social Security Number (SSN) - - One SSN per request

Date of Birth: / / Date of Death:

Other Name(s) Used (Include Maiden Name)

2. What kind of earnings information do you need? (Choose ONE of the following types of earnings or SSA must return this request.)

Itemized Statement of Earnings $115(Includes the names and addresses of employers)If you check this box, tell us why you need this information below.

Year(s) Requested: to

Year(s) Requested: to

Check this box if you want the earnings information CERTIFIED for an additional $33.00 fee.

Certified Yearly Totals of Earnings $33(Does not include the names and addresses of employers)Yearly earnings totals are FREE to the public if you do not require certification. To obtain FREE yearly totals of earnings, visit our website at www.ssa.gov/myaccount.

Year(s) Requested: to

Year(s) Requested: to

3. If you would like this information sent to someone else, please fill in the information below.I authorize the Social Security Administration to release the earnings information to:

Name

Address State

City ZIP Code

4. I am the individual to whom the record pertains (or a person authorized to sign on behalf of that individual). I understand that any false representation to knowingly and willfully obtain information from Social Security records is punishable by a fine of not more than $5,000 or one year in prison.

Signature AND Printed Name of Individual or Legal Guardian SSA must receive this form within 120 days from the date signed

Relationship (if applicable, you must attach proof) Daytime Phone:

Address State

City ZIP Code

Witnesses must sign this form ONLY if the above signature is by marked (X). If signed by mark (X), two witnesses to the signing who know the signee must sign below and provide their full addresses. Please print the signee's name next to the mark (X) on the signature line above. 1. Signature of Witness 2. Signature of Witness

Address (Number and Street, City, State and ZIP Code) Address (Number and Street, City, State and ZIP Code)

/ /

Date: / /

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REQUEST FOR SOCIAL SECURITY EARNINGS INFORMATION

How do I get my earnings statement?

You must complete the attached form. Tell us the specific years of earnings you want, type of earnings record, and provide your mailing address. The itemized statement of earnings will be mailed to ONE address, therefore, if you want the statement sent to someone other than yourself, provide their address in section 3. Mail the completed form to SSA within 120 days of signature. If you sign with an "X", your mark must be witnessed by two impartial persons who must provide their name and address in the spaces provided. Select ONE type of earnings statement and include the appropriate fee. 1. Certified/Non-Certified Itemized Statement of Earnings

This statement includes years of self-employment or employment and the names and addresses of employers.

2. Certified Yearly Totals of Earnings This statement includes the total earnings for each year requested but does not include the names and addresses of employers.

If you require one of each type of earnings statement, you must complete two separate forms. Mail each form to SSA with one form of payment attached to each request.

How do I get someone else's earnings statement?

You may get someone else's earnings information if you meet one of the following criteria, attach the necessary documents to show your entitlement to the earnings information and include the appropriate fee.

1. Someone Else's Earnings The natural or adoptive parent or legal guardian of a minor child, or the legal guardian of a legally declared incompetent individual, may obtain earnings information if acting in the best interest of the minor child or incompetent individual. You must include proof of your relationship to the individual with your request. The proof may include a birth certificate, court order, adoption decree, or other legally binding document.

2. A Deceased Person's Earnings You can request earnings information from the record of a deceased person if you are: • The legal representative of the estate; • A survivor (that is, the spouse, parent, child, divorced spouse of divorced parent); or

• An individual with a material interest (e.g., financial) who is an heir at law, next of kin, beneficiary under the will or donee of property of the decedent.

You must include proof of death and proof of your relationship to the deceased with your request.

Is There A Fee For Earnings Information?

Yes. We charge a $115 fee for providing information for purposes unrelated to the administration of our programs.

1. Certified or Non-Certified Itemized Statement of Earnings In most instances, individuals request Itemized Statements of Earnings for purposes unrelated to our programs such as a private pension plan or personal injury suit. Bulk submitters may email [email protected] for an alternate method of obtaining itemized earnings information.

We will certify the itemized earnings information for an additional $33.00 fee. Certification is usually not necessary unless you are specifically requested to obtain a certified earnings record.

Sometimes, there is no charge for itemized earnings information. If you have reason to believe your earnings are not correct (for example, you have previously received earnings information from us and it does not agree with your records), we will supply you with more detail for the year(s) in question. Be sure to show the year(s) involved on the request form and explain why you need the information. If you do not tell us why you need the information, we will charge a fee.

2. Certified Yearly Totals of Earnings We charge $33 to certify yearly totals of earnings. However, if you do not want or need certification, you may obtain yearly totals FREE of charge at www.ssa.gov/myaccount. Certification is usually not necessary unless you are advised specifically to obtain a certified earnings record.

Method of Payment This Fee Is Not Refundable. DO NOT SEND CASH.

You may pay by credit card, check or money order. • Credit Card Instructions

Complete the credit card section on page 4 and return it with your request form.

• Check or Money Order Instructions Enclose one check or money order per request form payable to the Social Security Administration and write the Social Security number in the memo.

How long will it take SSA to process my request?

Please allow SSA 120 days to process this request. After 120 days, you may contact 1-800-772-1213 to leave an inquiry regarding your request.

INFORMATION ABOUT YOUR REQUEST

You may use this form to request earnings information for only ONE Social Security Number (SSN)

Form SSA-7050-F4 (10-2016) UF Page 3 of 4

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Mail the completed form, supporting documentation, and applicable fee to:

Social Security Administration Division of Earnings and Business Services P.O. Box 33011 Baltimore, Maryland 21290-3003

If using private contractor such as FedEx mail form, supporting documentation and applicable fee to:

Social Security Administration Division of Earnings and Business Services 6100 Wabash Ave. Baltimore, Maryland 21215

• How much do I have to pay for an Itemized Statement of Earnings?

CHECK ONEVisa

MasterCard

American Express

Discover

Credit Card Holder's Name (Enter the name from the credit card) First Name, Middle Initial, Last Name

Credit Card Holder's Address Number & Street

City, State, & ZIP Code

Daytime Telephone Number

Credit Card Number

Credit Card Expiration Date

Amount Charged See above to select the correct fee for your request. Applicable fees are $33, $115, or $148 SSA will return forms without the appropriate fee.

$

Credit Card Holder's Signature

DO NOT WRITE IN THIS SPACE OFFICE USE ONLY

Authorization

Name Date

Remittance Control #

REQUEST FOR SOCIAL SECURITY EARNINGS INFORMATION• Where do I send my complete request?

Certified Itemized Statement of Earnings $148.00

Non-Certified Itemized Statement of Earnings $115.00

(MM/YY)

- - -

Area Code

-)(

Page 4 of 4Form SSA-7050-F4 (10-2016) UF

YOU CAN MAKE YOUR PAYMENT BY CREDIT CARD As a convenience, we offer you the option to make your payment by credit card. However, regular credit card rules will

apply. You may also pay by check or money order. Make check payable to Social Security Administration.

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INSTRUCTION AND INFORMATION SHEET FOR SF 180, REQUEST PERTAINING TO MILITARY RECORDS

1. General Information. The Standard Form 180, Request Pertaining to Military Records (SF180) is used to request information from military records.Certain identifying information is necessary to determine the location of an individual's record of military service. Please try to answer each item on the SF 180. If you do not have and cannot obtain the information for an item, show "NA," meaning the information is "not available". Include as much of the requested information as you can. Incomplete information may delay response time. To determine where to mail this request see Page 2 of the SF180 for record locations and facility addresses.

Online requests may be submitted to the National Personnel Records Center (NPRC) by a veteran or deceased veteran’s next-of-kin using eVetRecs at http://www.archives.gov/veterans/military-service-records/ . 2. Personnel Records/Military Human Resource Records/Official Military Personnel File (OMPF) and Medical Records/Service Treatment

Records (STR). Personnel records of military members who were discharged, retired, or died in service LESS THAN 62 YEARS AGO and medical records are in the legal custody of the military service department and are administered in accordance with rules issued by the Department of Defense and the Department of Homeland Security (DHS, Coast Guard). STRs of persons on active duty are generally kept at the local servicing clinic. After the last day of active duty, STRs should be requested from the appropriate address on page 2 of the SF 180. (See item 3, Archival Records, if the military member was discharged, retired or died in service more than 62 years ago.)

a. Release of information: Release of information is subject to restrictions imposed by the military services consistent with Department of Defenseregulations, the provisions of the Freedom of Information Act (FOIA) and the Privacy Act of 1974. The service member (either past or present) or the member's legal guardian has access to almost any information contained in that member's own record. The authorization signature of the service member or the member's legal guardian is needed in Section III of the SF180. Others requesting information from military personnel records and/or STRs must have the release authorization in Section III of the SF 180 signed by the member or legal guardian. If the appropriate signature cannot be obtained, only limited types of information can be provided. If the former member is deceased, the surviving next-of-kin may, under certain circumstances, be entitled to greater access to a deceased veteran's records than a member of the general public. The next-of-kin may be any of the following: unremarried surviving spouse, father, mother, son, daughter, sister, or brother. Requesters MUST provide proof of death, such as a

copy of a death certificate, newspaper article (obituary) or death notice, coroner’s report of death, funeral director’s signed statement of

death, or verdict of coroner’s jury.

b. Fees for records: There is no charge for most services provided to service members or next-of-kin of deceased veterans. A nominal fee ischarged for certain types of service. In most instances, service fees cannot be determined in advance. If your request involves a service fee, you will receive an invoice with your records.

3. Archival Records. Personnel records of military members who were discharged, retired, or died in service 62 OR MORE YEARS AGO have beentransferred to the legal custody of NARA and are referred to as “archival records”.

a. Release of Information: Archival records are open to the public. The Privacy Act of 1974 does not apply to archival records, therefore, writtenauthorization from the veteran or next-of-kin is not required. In order to protect the privacy of the veteran, his/her family, and third parties named in the records, the personal privacy exemption of the Freedom of Information Act (5 U.S.C. 552 (b) (6)) may still apply and may preclude the release of some information.

b. Fees for Archival Records: Access to archival records are granted by offering copies of the records for a fee (44 U.S.C. 2116 (c)). If a fee appliesto the photocopies of documents in the requested record, you will receive an invoice. Photocopies will be sent after payment is made. For more information see http://www.archives.gov/st-louis/archival-programs/military-personnel-archival/ompf-archival-requests.html.

4. Where reply may be sent. The reply may be sent to the service member or any other address designated by the service member or other authorizedrequester. If the designated address is NOT registered to the addressee by the U.S. Postal Service (USPS), provide BOTH the addressee’s name AND “in care of” (c/o) the name of the person to whom the address is registered on the NAME line in Section III, item 3, on page 1 of the SF 180. The COMPLETE address must be provided, INCLUDING any apartment/suite/unit/lot/space/etc. number.

5. Definitions and abbreviations. DISCHARGED -- the individual has no current military status; SERVICE TREATMENT RECORD (STR) -- Thechronology of medical, mental health, and dental care received by service members during the course of their military career (does not include records of treatment while hospitalized); TDRL – Temporary Disability Retired List.

6. Service completed before World War I. National Archives Trust Fund (NATF) forms must be used to request these records. Obtain the forms by e-mail from [email protected] or write to the Code 6 address on page 2 of the SF 180.

PRIVACY ACT OF 1974 COMPLIANCE INFORMATION

The following information is provided in accordance with 5 U.S.C. 552a(e)(3) and applies to this form. Authority for collection of the information is 44 U.S.C. 2907, 3101, and 3103, and Public Law 104-134 (April 26, 1996), as amended in title 31, section 7701. Disclosure of the information is voluntary. If the requested information is not provided, it may delay servicing your inquiry because the facility servicing the service member's record may not have all of the information needed to locate it. The purpose of the information on this form is to assist the facility servicing the records (see the address list) in locating the correct military service record(s) or information to answer your inquiry. This form is then retained as a record of disclosure. The form may also be disclosed to Department of Defense components, the Department of Veterans Affairs, the Department of Homeland Security (DHS, U.S. Coast Guard), or the National Archives and Records Administration when the original custodian of the military health and personnel records transfers all or part of those records to that agency. If the service member was a member of the National Guard, the form may also be disclosed to the Adjutant General of the appropriate state, District of Columbia, or Puerto Rico, where he or she served.

PAPERWORK REDUCTION ACT PUBLIC BURDEN STATEMENT

Public burden reporting for this collection of information is estimated to be five minutes per request, including time for reviewing instructions and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to National Archives and Records Administration (ISSD), 8601 Adelphi Road, College Park, MD 20740-6001. DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. SEND COMPLETED FORMS TO THE APPROPRIATE ADDRESS LISTED ON PAGE 2 OF THE SF 180.

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Standard Form 180 (Rev. 11/2015) (Page 1) Authorized for local reproduction

Prescribed by NARA (36 CFR 1233.18 (d)) Previous edition unusable OMB No. 3095-0029 Expires 04/30/2018

REQUEST PERTAINING TO MILITARY RECORDS

Requests from veterans or deceased veteran’s next-of-kin may be submitted online by using eVetRecs at http://www.archives.gov/veterans/military-service-records/

To ensure the best possible service, please thoroughly review the accompanying instructions before filling out this form. PLEASE PRINT LEGIBLY OR TYPE BELOW.

SECTION I - INFORMATION NEEDED TO LOCATE RECORDS (Furnish as much information as possible.)

1. NAME USED DURING SERVICE (last, first, full middle) 2. SOCIAL SECURITY # 3. DATE OF BIRTH 4. PLACE OF BIRTH

5. SERVICE, PAST AND PRESENT (For an effective records search, it is important that ALL service be shown below.)

BRANCH OF SERVICE DATE

ENTERED

DATE

RELEASED OFFICER ENLISTED

SERVICE NUMBER (If unknown, write “unknown”)

a. ACTIVE

b. RESERVE

c. STATE

NATIONAL

GUARD

6. IS THIS PERSON DECEASED? NO YES - MUST provide Date of Death if veteran is deceased:

7. DID THIS PERSON RETIRE FROM MILITARY SERVICE? NO YES

SECTION II – INFORMATION AND/OR DOCUMENTS REQUESTED

1. CHECK THE ITEM(S) YOU ARE REQUESTING:

DD Form 214 or equivalent. Year(s) in which form(s) issued to veteran:

This form contains information normally needed to verify military service. A copy may be sent to the veteran, the deceased veteran’s next-of-kin, or other

persons or organizations, if authorized in Section III, below. An UNDELETED DD214 is ordinarily required to determine eligibility for benefits. If you

request a DELETED copy, the following items will be blacked out: authority for separation, reason for separation, reenlistment eligibility code, separation

(SPD/SPN) code, and, for separations after June 30, 1979, character of separation and dates of time lost.

An UNDELETED copy will be sent UNLESS YOU SPECIFY A DELETED COPY by checking this box: I want a DELETED copy.

Medical Records Includes Service Treatment Records, Health (outpatient) and Dental Records. IF HOSPITALIZED (inpatient) the FACILITY NAME and

DATE (month and year) for EACH admission MUST be provided:

Other (Specify):

2. PURPOSE: (Providing information about the purpose of the request is strictly voluntary; however, it may help to provide the best possible response and may

result in a faster reply. Information provided will in no way be used to make a decision to deny the request.)

Benefits (explain) Employment VA Loan Programs Medical Genealogy Correction Personal Other (explain)

EExplain here:

SECTION III - RETURN ADDRESS AND SIGNATURE

1. REQUESTER NAME:

2. I am the MILITARY SERVICE MEMBER OR VETERAN identified in Section

I, above.

I am the VETERAN’S LEGAL GUARDIAN (MUST submit copy of Court

Appointment) or AUTHORIZED REPRESENTATIVE (MUST submit copy of

Authorization Letter or Power of Attorney) I am the DECEASED VETERAN’S NEXT-OF-KIN (MUST submit Proof of

Death. See item 2a on instruction sheet.) OTHER

(Relationship to deceased veteran) (Specify type of Other)

3. SEND INFORMATION/DOCUMENTS TO:

(Please print or type. See item 4 on accompanying instructions.) 4. AUTHORIZATION SIGNATURE: I declare (or certify, verify, or

state) under penalty of perjury under the laws of the United States of

America that the information in this Section III is true and correct and

that I authorize the release of the requested information. (See items 2a or

3a on accompanying instruction sheet. Without the Authorization Signature

of the veteran, next-of-kin of deceased veteran, veteran’s legal guardian,

authorized government agent, or other authorized representative, only

limited information can be released unless the request is archival. No

signature is required if the request if for archival records. )

Name

Street Apt.

______________________________________________________________

City State Zip Code

* This form is available at http://www.archives.gov/veterans/military-service-

records/standard-form-180.html on the National Archives and

Records Administration (NARA) web site. *

Signature Required - Do not print Date

Daytime phone Fax Number

Email address

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TFECHHEL
Cross-Out
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Standard Form 180 (Rev. 11/2015) (Page 2) Authorized for local reproduction

Prescribed by NARA (36 CFR 1233.18 (d)) Previous edition unusable OMB No. 3095-0029 Expires 04/30/2018

LOCATION OF MILITARY RECORDS The various categories of military service records are described in the chart below. For each category there is a code number which indicates the address at the bottom of the

page to which this request should be sent. Please refer to the Instruction and Information Sheet accompanying this form as needed.

BRANCH CURRENT STATUS OF SERVICE MEMBER ADDRESS CODE Personnel

Record

Medical or Service

Treatment Record

AIR

FORCE

Discharged, deceased, or retired before 5/1/1994 14 14

Discharged, deceased, or retired 5/1/1994 – 9/30/2004 14 11

Discharged, deceased, or retired 10/1/2004 – 12/31/2013 1 11

Discharged, deceased, or retired on or after 1/1/2014 1 13

Active (including National Guard on active duty in the Air Force), TDRL, or general officers retired with pay 1

Reserve, IRR, Retired Reserve in non-pay status, current National Guard officers not on active duty in the Air Force, or National Guard

released from active duty in the Air Force 2

Current National Guard enlisted not on active duty in the Air Force 2 13

COAST

GUARD

Discharge , deceased, or retired before 1/1/1898 6

Discharged, deceased, or retired 1/1/1898 – 3/31/1998 14 14

Discharged, deceased, or retired 4/1/1998 – 9/30/2006 14 11

Discharged, deceased, or retired 10/1/2006 – 9/30/2013 3 11

Discharged, deceased, or retired on or after 10/1/2013 3 14

Active, Reserve, Individual Ready Reserve or TDRL 3

MARINE

CORPS

Discharged, deceased, or retired before 1/1/1895 6

Discharged, deceased, or retired 1/1/1905 – 4/30/1994 14 14

Discharged, deceased, or retired 5/1/1994 – 12/31/1998 14 11

Discharged, deceased, or retired 1/1/1999 - 12/31/2013 4 11

Discharged, deceased, or retired on or after 1/1/2014 4 8

Individual Ready Reserve 5

Active, Selected Marine Corps Reserve, TDRL 4

ARMY

Discharged, deceased, or retired before 11/1/1912 (enlisted) or before 7/1/1917 (officer) 6

Discharged, deceased, or retired 11/1/1912 – 10/15/1992 (enlisted) or 7/1/1917 – 10/15/1992 (officer) 14

Discharged, deceased, or retired 10/16/1992 – 9/30/2002 14 11

Discharged, deceased, or retired (including TDRL) 10/1/2002 – 12/31/2013 7 11

Discharged, deceased, or retired (including TDRL) on or after 1/1/2014 7 9

Current Soldier (Active, Reserve (including Individual Ready Reserve) or National Guard) 7

NAVY

Discharged, deceased, or retired before 1/1/1886 (enlisted) or before 1/1/1903 (officer) 6

Discharged, deceased, or retired 1/1/1886 – 1/30/1994 (enlisted) or 1/1/1903 – 1/30/1994 (officer) 14 14

Discharged, deceased, or retired 1/31/1994 – 12/31/1994 14 11

Discharged, deceased, or retired 1/1/1995 – 12/31/2013 10 11

Discharged, deceased, or retired on or after 1/1/2014 10 8

Active, Reserve, or TDRL 10

PHS Public Health Service - Commissioned Corps officers only 12

ADDRESS LIST OF CUSTODIANS and SELF-SERVICE WEBSITES (BY CODE NUMBERS SHOWN ABOVE) – Where to write/send this form

1

Air Force Personnel Center

HQ AFPC/DPSIRP

550 C Street West, Suite 19

Randolph AFB, TX 78150-4721

6

National Archives & Records Administration

Research Services (RDT1R)

700 Pennsylvania Avenue NW

Washington, DC 20408-0001

11

Department of Veterans Affairs

Records Management Center

ATTN: Release of Information

P.O. Box 5020

St. Louis, MO 63115-5020

2

Air Reserve Personnel Center

Records Management Branch (DPTSC)

18420 E. Silver Creek Avenue

Building 390 MS 68

Buckley AFB, CO 80011

7

US Army Human Resources Command’s web page:

https://www.hrc.army.mil/TAGD/Accessing%20or%20

Requesting%20Your%20Official%20Military%20Pers

onnel%20File%20Documents

or 1-888-ARMYHRC (1-888-276-9472)

12

Division of Commissioned Corps Officer Support

ATTN: Records Officer

1101 Wooton Parkway, Plaza Level, Suite 100

Rockville, MD 20852

3

Commander, Personnel Service Center

(BOPS-C-MR) MS7200

US Coast Guard

2703 Martin Luther King Jr Ave SE

Washington, DC 20593-7200

[email protected]

8

Navy Medicine Records Activity (NMRA)

BUMED Detachment St. Louis

4300 Goodfellow Boulevard, Building 103

St. Louis, MO 63120

13

AF STR Processing Center

ATTN: Release of Information

3370 Nacogdoches Road, Suite 116

San Antonio, TX 78217

14

National Personnel Records Center

(Military Personnel Records)

1 Archives Drive

St. Louis, MO 63138-1002

eVetRecs:

http://www.archives.gov/veterans/military-service-records/

4

Headquarters U.S. Marine Corps

Manpower Management Records & Performance

(MMRP-10)

2008 Elliot Road

Quantico, VA 22134-5030

9

AMEDD Record Processing Center

3370 Nacogdoches Road, Suite 116

San Antonio, TX 78217

5 Marine Forces Reserve

2000 Opelousas Avenue

New Orleans, LA 70146-5400 10

Navy Personnel Command (PERS-313)

5720 Integrity Drive

Millington, TN 38055-3120

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Form SSA-3288 (11-2016) uf Destroy Prior Editions

Social Security Administration Consent for Release of Information

Form Approved OMB No. 0960-0566

Instructions for Using this FormComplete this form only if you want us to give information or records about you, a minor, or a legally incompetent adult, to an individual or group (for example, a doctor or an insurance company). If you are the natural or adoptive parent or legal guardian, acting on behalf of a minor child, you may complete this form to release only the minor's non-medical records. We may charge a fee for providing information unrelated to the administration of a program under the Social Security Act.

NOTE: Do not use this form to:

• Request the release of medical records on behalf of a minor child. Instead, visit your local Social Security office or call our toll- free number, 1-800-772-1213 (TTY-1-800-325-0778), or• Request detailed information about your earnings or employment history. Instead, complete and mail form SSA-7050-F4. You can obtain form SSA-7050-F4 from your local Social Security office or online at www.ssa.gov/online/ssa-7050.pdf.

How to Complete this FormWe will not honor this form unless all required fields are completed. An asterisk (*) indicates a required field. Also, we will not honor blanket requests for "any and all records" or the "entire file." You must specify the information you are requesting and you must sign and date this form. We may charge a fee to release information for non-program purposes.

• Fill in your name, date of birth, and social security number or the name, date of birth, and social security number of the person to whom the requested information pertains.

• Fill in the name and address of the person or organization where you want us to send the requested information.

• Specify the reason you want us to release the information.

• Check the box next to the type(s) of information you want us to release including the date ranges, where applicable.

• For non-medical information, you, the parent or the legal guardian acting on behalf of a minor child or legally incompetent adult, must sign and date this form and provide a daytime phone number.

• If you are not the individual to whom the requested information pertains, state your relationship to that person. We may require proof of relationship.

PRIVACY ACT STATEMENTSection 205(a) of the Social Security Act, as amended, authorizes us to collect the information requested on this form. We will use the information you provide to respond to your request for access to the records we maintain about you or to process your request to release your records to a third party. You do not have to provide the requested information. Your response is voluntary; however, we cannot honor your request to release information or records about you to another person or organization without your consent. We rarely use the information provided on this form for any purpose other than to respond to requests for SSA records information. However, the Privacy Act (5 U.S.C. § 552a(b)) permits us to disclose the information you provide on this form in accordance with approved routine uses, which include but are not limited to the following:

1.To enable an agency or third party to assist Social Security in establishing rights to Social Security benefits and or coverage; 2.To make determinations for eligibility in similar health and income maintenance programs at the Federal, State, and local level; 3.To comply with Federal laws requiring the disclosure of the information from our records; and, 4.To facilitate statistical research, audit, or investigative activities necessary to assure the integrity of SSA programs.

We may also use the information you provide when we match records by computer. Computer matching programs compare our records with those of other Federal, State, or local government agencies. We use information from these matching programs to establish or verify a person's eligibility for Federally-funded or administered benefit programs and for repayment of incorrect payments or overpayments under these programs. Additional information regarding this form, routine uses of information, and other Social Security programs is available on our Internet website, www.socialsecurity.gov, or at your local Social Security office.

PAPERWORK REDUCTION ACT STATEMENTThis information collection meets the requirements of 44 U.S.C. § 3507, as amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget control number. We estimate that it will take about 3 minutes to read the instructions, gather the facts, and answer the questions. SEND OR BRING THE COMPLETED FORM TO YOUR LOCAL SOCIAL SECURITY OFFICE. You can find your local Social Security office through SSA's website at www.socialsecurity.gov. Offices are also listed under U.S. Government agencies in your telephone directory or you may call 1-800-772-1213 (TYY 1-800-325-0778). You may send comments on our time estimate above to: SSA, 6401 Security Blvd., Baltimore, MD 21235-6401. Send only comments relating to our time estimate to this address, not the completed form.

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You must complete all required fields. We will not honor your request unless all required fields are completed. (*Signifies a required field. **Please complete these fields in case we need to contact you about the consent form). TO: Social Security Administration

*My Full Name *My Date of Birth (MM/DD/YYYY)

*My Social Security Number

I authorize the Social Security Administration to release information or records about me to:*NAME OF PERSON OR ORGANIZATION: *ADDRESS OF PERSON OR ORGANIZATION:

*I want this information released because:

*Please release the following information selected from the list below: Check at least one box. We will not disclose records unless you include date ranges where applicable.

Verification of Social Security Number

If you want us to release a minor child's medical records, do not use this form. Instead, contact your local Social Security office.

I am the individual, to whom the requested information or record applies, or the parent or legal guardian of a minor, or the legal guardian of a legally incompetent adult. I declare under penalty of perjury (28 CFR § 16.41(d)(2004) that I have examined all the information on this form and it is true and correct to the best of my knowledge. I understand that anyone who knowingly or willfully seeking or obtaining access to records about another person under false pretenses is punishable by a fine of up to $5,000. I also understand that I must pay all applicable fees for requesting information for a non-program-related purpose.

Witnesses must sign this form ONLY if the above signature is by mark (X). If signed by mark (X), two witnesses to the signing who know the signee must sign below and provide their full addresses. Please print the signee's name next to the mark (X) on the signature line above.

Form SSA-3288 (11-2016) uf

1.2.3.4.5.6.

7.8.

We may charge a fee to release information for non-program purposes.

Form Approved OMB No. 0960-0566Consent for Release of Information

Social Security Administration

Current monthly Social Security benefit amountCurrent monthly Supplemental Security Income payment amountMy benefit or payment amounts from date to dateMy Medicare entitlement from date to dateMedical records from my claims folder(s) from date to date

Complete medical records from my claims folder(s)Other record(s) from my file (We will not honor a request for "any and all records" or "the entire file." You must specify other records; e.g., consultative exams, award/denial notices, benefit applications, appeals, questionnaires, doctor reports, determinations.)

*Signature:

**Address:

*Date:

Relationship (if not the subject of the record):

**Daytime Phone:

1.Signature of witness 2.Signature of witness

Address(Number and street,City,State, and Zip Code) Address(Number and street,City,State, and Zip Code)

**Daytime Phone:

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AUTHORIZATION FOR RELEASE OF RECORDS OF BANKRUPTCY TRUSTS AND CLAIM RESOLUTION FACILITIES

TO WHOM IT MAY CONCERN:

The Claimant named below hereby authorizes each Trust and Claim Resolution Facility listed in the attachment hereto, and any other Trust and Claim Resolution Facility not specifically so listed, to provide directly to the Reorganized Debtors and the Settlement Facility (collectively, the “Defendant”), or any of its representatives, all submissions made by Claimant and (if different from the Claimant) the party whose injury forms the basis of the claim (the “Injured Party”) to the Trust, including claim forms, any attachments to claim forms, and any amended or supplemental claim forms, and any and all information related to the status and disposition of such claim by the relevant Trust and Claim Resolution Facility, including without limitation any settlement, settlement offer or payment with respect to such claim. Claimant expressly acknowledges that the Trust or Claim Resolution Facility may provide such documents directly to the Defendant and need not obtain any further authorization from the Claimant or his/her representatives.

A copy of this Authorization shall be as valid as the original. This Authorization contains no expiration date and may be exercised by the Defendant at any time. If Claimant’s representative has signed this Authorization, a notarized power of attorney is attached.

Name of Claimant:_____________________________ Social Security No.:__________________________ Date of Birth:______________________ Name of Injured Party (if different from Claimant):_______________________________ Social Security No.:________________________ Date of Birth:__________________________

Name of representative for Claimant or Injured Party:________________

Signing party:______________________________

Signature:_________________________________

Date:_________________________

Notarized:

Attachment: List of Trusts and Claim Resolution Facilities

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2

List of Trusts and Claim Resolution Facilities

A&I Corp. Asbestos Bodily Injury Trust

Forty-Eight Insulations Qualified Settlement Trust

Raytech Corp. Asbestos Personal Injury Settlement Trust

A-Best Asbestos Settlement Trust

Fuller-Austin Asbestos Settlement Trust

Rock Wool Mfg Company Asbestos Trust

AC&S Asbestos Settlement Trust

G-I Asbestos Settlement Trust Rutland Fire Clay Company Asbestos Trust

Amatex Asbestos Disease Trust Fund

H.K. Porter Asbestos Trust Shook & Fletcher Asbestos Settlement Trust

APG Asbestos Trust Hercules Chemical Company, Inc. Asbestos Trust

Skinner Engine Co. Asbestos Trust

API, Inc. Asbestos Settlement Trust

J.T. Thorpe Settlement Trust Stone and Webster Asbestos Trust

Armstrong World Industries Asbestos Personal Injury Settlement Trust

JT Thorpe Company Successor Trust

Swan Asbestos and Silica Settlement Trust

ARTRA 524(g) Asbestos Trust

Kaiser Asbestos Personal Injury Trust

T H Agriculture & Nutrition, LLC Industries Asbestos Personal Injury Trust

ASARCO LLC Asbestos Personal Injury Settlement Trust

Keene Creditors Trust Thorpe Insulation Company Asbestos Personal Injury Settlement Trust

Babcock & Wilcox Company Asbestos Personal Injury Settlement Trust

Lummus 524(g) Asbestos PI Trust

United States Gypsum Asbestos Personal Injury Settlement Trust

Bartells Asbestos Settlement Trust

Lykes Tort Claims Trust United States Lines, Inc. and United States Lines (S.A.) Inc. Reorganization Trust

Brauer 524(g) Asbestos Trust M.H. Detrick Company Asbestos Trust

United States Mineral Products Company Asbestos Personal Injury Settlement Trust

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3

Burns and Roe Asbestos Personal Injury Settlement Trust

Manville Personal Injury Settlement Trust

UNR Asbestos-Disease Claims Trust

C.E. Thurston & Sons Asbestos Trust

Muralo Trust Utex Industries, Inc. Successor Trust

Celotex Asbestos Settlement Trust

NGC Bodily Injury Trust Wallace & Gale Company Asbestos Settlement Trust

Combustion Engineering 524(g) Asbestos PI Trust

Owens Corning Fibreboard Asbestos Personal Injury Trust (OC Sub-Fund)

Western MacArthur-Western Asbestos Trust

Congoleum Plan Trust Owens Corning Fibreboard Asbestos Personal Injury Trust (FB Sub-Fund)

W.R. Grace Trust

DII Industries, LLC Asbestos PI Trust

PLI Disbursement Trust Pittsburgh Corning Trust

Eagle-Picher Industries Personal Injury Settlement Trust

Plibrico Asbestos Trust GST Settlement Facility

Federal Mogul U.S. Asbestos Personal Injury Trust

Porter Hayden Bodily Injury Trust

Bondex Trust

Duro Dyne Corp. Trust

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4

AUTHORIZATION TO RELEASE PROTECTED HEALTH INFORMATION

Patient Name:_______________________________

Date of Birth:________________________ Social Security Number:_________________

1. I authorize the use or disclosure of the above individual’s health information as described below.

2. The following individual or organization is authorized to make the disclosure:

__________________________________

__________________________________

__________________________________

to disclose records obtained in the course of my evaluation and/or treatment from date _______________to date ____________________.

3. The type and amount of information to be used or disclosed is as follows: (include dates where appropriate)

☐ Abstract/Pertinent Information ☐ Emergency Room

☐ Lab ☐ x-ray and imaging reports

☐ Treatment Plans ☐ consultation reports

☐ Discharge Plans ☐ billing records

☐ Progress Notes ☐ entire record INCLUDING HIV Testing & Chemical Dependency.

☐ treatment order(s)

☐ Other: _________________________

☐ Psychological/Psychiatric Evaluation ☐ Other: _________________________

☐ most recent discharge summary ☐ Other: _________________________

4. Name/Address of person/ organization to which disclosure is to be made:

To:____________________________ Address________________________ City, State, Zip__________________

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5

5. I understand that the information authorized for release may indicate the presence of a communicable or venereal disease which may include, but is not limited to diseases such as hepatitis, syphilis, gonorrhea or the Human Immunodeficiency Virus (HIV), also known as Acquired Immune Deficiency Syndrome (AIDS). I hereby authorize the above-named health care provider to disclose records obtained in the course of my evaluation and/or treatment, and to send them by U.S. mail service and/or electronic facsimile to:

_________________________________

For the following purpose:___________________

6. I understand that I have a right to revoke this authorization at any time. I understand that if I revoke this authorization I must do so in writing and present my written revocation to the medical records department practitioner. I understand that the revocation will not apply to information that has already been released in response to this authorization. Unless otherwise revoked, this authorization will commence on the date indicated below and will expire on the following date, event, or condition: ___________________. If I fail to specify an expiration date, event or condition, this authorization will expire after one year.

7. I understand that authorizing the disclosure of this health information is voluntary. I understand that my healthcare and the payment of my healthcare will not be affected if I refuse to sign this authorization. I understand that I may inspect or copy the information to be used or disclosed. I understand that any disclosure of information carries with it the potential for an unauthorized redisclosure and the information may not be protected by federal confidentiality rules. If I have questions about disclosure of my health information, I can contact this facility’s privacy officer.

Signature of Patient or Legal Representative Date

If Signed by Legal Representative, Relationship to Patient

**A PHOTOSTATIC COPY OF THIS RELEASE SHALL BE CONSIDERED AS VALID AS THE ORIGINAL

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6

PAYROLL AND PERSONNEL RECORDS AUTHORIZATION

TO WHOM IT MAY CONCERN:

I hereby authorize you to provide to:

______________________________________________________

at this address:

______________________________________________________

______________________________________________________

a complete copy of all records pertaining to my employment, including, but not limited to, all personnel, payroll, medical or hospital records pertaining to:

Full Name:_______________________________________________

Date of Birth:___________________ Social Security No:______________________

My dates of employment were from _____________________ to ___________________

I worked in the following departments:

___________________________________

___________________________________

I was employed at the following office:

___________________________________

___________________________________

SIGNED:__________________

DATE:____

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EXHIBIT D

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re KAISER GYPSUM COMPANY, INC., et al1 Debtors.

Case No. 16-31602 Chapter 11 (Jointly Administered)

MASTER SET OF INTERROGATORIES TO DEFENDANT

Pursuant to Rule 7033 of the Federal Rules of Bankruptcy Procedure, Claimant, through counsel, requests that the Defendants answer the following Interrogatories, in writing and under oath, in accordance with the Case Management Order for Post-Confirmation Allowance of Disputed Unresolved Asbestos Claims Electing Litigation Option.

DEFINITIONS AND INSTRUCTIONS

1. “Asbestos” means any of the naturally-occurring fibrous silicate minerals, including both serpentine forms (chrysotile) and amphibole forms (amosite, crocidolite, tremolite, anthophyllite, and actinolite), whether referred to by their scientific names or by synonyms such as brown (amosite), white (chrysotile) or blue (crocidolite) asbestos.

2. “Asbestos-containing product” means any product or material that contains asbestos in any form. Such products include, but are not limited to, pipe covering, turbines, cement, block, gaskets, packing, plaster, joint compound, floor and ceiling tiles, mastics, raw fibers, fireproofing, shingles, panels, sheets, boards, millboard, refractory cement, boilers, firebrick, brake and clutch linings, finishing compound, texture, drilling mud, “hot tops,” and other construction, building, drywall, lath, and insulation materials.

3. “Claim” means the Unresolved Asbestos Claim.

4. “Claimant” means the Unresolved Asbestos Claimant electing the Litigation Option, as well as all other claimants asserting a Unresolved Asbestos Claim on the basis of the same asbestos-related injury, such as claimants alleging wrongful death or loss of consortium.

5. “Defendant” or “you” means, collectively, Kaiser, HPCI, and the Settlement Facility.

1 The Debtors are the following entities (the last four digits of their respective taxpayer identification numbers follow

in parentheses): Kaiser Gypsum Company, Inc. (0188); and Hanson Permanente Cement, Inc. (7313). The Debtors’ address is 300 E. John Carpenter Freeway, Irving, Texas 75062.

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28

6. “Describe” means to provide a comprehensive, full, frank, fair, complete, accurate, and detailed description of the matter inquired of.

7. “Document” refers to all items subject to discovery under Rule 34 of the Federal Rules of Civil Procedure, including, but not limited to, any written or recorded material of any 1 kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise; notations of any sort of conversations, telephone calls, meetings or other communications; all graphic or oral records or representations of any kind; and electronic, mechanical, magnetic, optical or electric records or representations of any kind (including without limitation, computer files and programs, tapes, cassettes, discs, recordings), including metadata.

8. “HPCI” means Hanson Permanente Cement, Inc.

9. “Identify” means:

(a) In the case of a person, to state his or her full name, present or last-known home and business address, and his or her present or last-known employer and job title.

(b) In the case of a business concern, to state its name and its present or last-known address, and the nature of such business concern (e.g., partnership, corporation, etc.).

(c) In the case of a document, to state its date, its author, its recipient or the person for whom it was prepared, the type of document (e.g., letter, memorandum, chart, or other category), its present location or custodian, a summary of its contents, and any other information necessary to render the document distinguishable from all others and subject to ready location. In lieu of identifying a document, a copy of the document may be supplied.

(d) In the case of a communication or act, to identify the person(s) present when the communication or act occurred, the date and location of such communication or act, the substance of such communication or act, and all documents which record, refer to, or otherwise concern such communication or act.

(e) In the case of a product, to identify the name and type of product, its identifying features and characteristics, the name of the manufacturer, and the date of manufacture.

10. “Injured Party” means the person whose alleged asbestos-related injury forms the basis of the Claim.

11. “Kaiser” means Kaiser Gypsum Company, Inc.

12. If an interrogatory or definition or instruction is objected to in whole or in part, specify all grounds on which objection rests. Respond to all portions of each such request to which no objection is asserted. In addition, state whether any responsive information has been

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29

omitted from an interrogatory response or whether and in what way the search for responsive information has been delimited or circumscribed on the basis of any such objection.

13. If Defendant contends that an answer to any interrogatory herein is privileged in whole or in part, or otherwise objects to any part of any interrogatory, identify:

(a) the reason(s) for each objection, claim of privilege or immunity, or ground for exclusion;

(b) each person having knowledge of the factual basis, if any, on which the claim of privilege or immunity or other ground is based; and

(c) in the case of a document, identify the document as provided in paragraphs 7 and 9(c) and (d) of the instructions to these interrogatories.

14. These interrogatories are continuing in character and require you to file supplementary answers if you obtain further or different information after serving your initial answers and before trial, including in such supplemental answers the date upon and the manner in which such further or different information came to your attention.

INTERROGATORIES

1. When and how did Defendants first learn that inhalation of asbestos fibers can lead to the development of each of the following asbestos-related diseases:

a. asbestosis,

b. pleural plaques,

c. lung cancer,

d. kidney cancer,

e. laryngeal cancer,

f. esophageal cancer,

g. stomach cancer,

h. colon cancer, and

i. mesothelioma?

ANSWER:

2. Please list all trade organizations, trade associations, and any other groups to which Defendants belonged in which information relating to the hazards of asbestos or nuisance

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dust in general was discussed, disseminated, or in any way published before 1980. This list should include (but is not limited to) any membership in the American Hygiene Foundation, Industrial Hygiene Foundation, Chemical Manu. Association (or its predecessor, the MCA), American Chemical Council, American Petroleum Institute, Texas Chemical Council, National Safety Council, American National Standards Institute (ANSI), Asbestos Information Association, Industrial Medical Association, American Society of Mechanical Engineers, American Society for Testing and Materials, Chlorine Institute, American Industrial Hygiene Association, National Insulation Manu. Association, Asbestos Textile Institute, Society of Automotive Engineers, Society of Petrol Engineers, ACGIF American Occupational Medicine Association, American Public Health Association, Friction Materials Standards Institute, Brake Lining Manufacturer’s Association, American Medical Association, NIOSH and any state safety organizations. As to each listed group, please state:

a. the time period when Defendants was a member;

b. the identity of Defendants’ employees, former employees, or representatives who attended any of the meetings held by each listed group, as well as the dates and locations of the meetings they attended;

c. the identity of Defendants’ employees, former employees, or representatives who served on any committees or subcommittees of any listed group (e.g., a medical advisory committee or legal committee); and

d. the name of the committee or subcommittee on which such person served and the position occupied on the committee, if applicable.

ANSWER:

3. Please identify each of Defendants’ employees, former employees, or representatives who attended any proceeding, symposium, or conference of a scientific, medical, or technical nature, before 1972, during which information relating to the hazards of asbestos or nuisance dust in general was discussed, disseminated, or in any way published (e.g., the effects of human or non-human exposure to asbestos, populations at risk, etc.). A response to this Interrogatory should include any attendance at the Seventh Saranac Symposium in 1952, the Proceedings of the New York Academy of Sciences in October of 1964, any meetings held by the Exxon Corporation in Houston, Texas, or meetings of any organization listed in Defendant’s response to Interrogatory No. 2. For each person identified in the response to this Interrogatory, please also list the proceeding, symposium, or conference the person attended; provide the date and location of the proceeding, symposium, or conference; provide the identity of the person within Defendants’ organization who received or was designated to receive the attending person’s report of the information gathered at such proceeding, symposium, or conference; and describe the manner in which such reports were made.

ANSWER:

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4. Please describe Defendants’ medical, safety, and industrial hygiene programs from Defendants’ inception through the current time. Specifically, please state when Defendants first established each of its medical departments, safety departments, and/or industrial hygiene departments. Please also provide the name or designation of each department. For each department identified in the response to this Interrogatory, please identify each person associated with the department, including, but not limited to, the director, manager, physician, nurse, medical personnel, safety engineer, industrial hygienist, safety personnel, and other employees in such department who were employed by Defendants or contracted with Defendants at any time.

ANSWER:

5. Has Defendants ever been investigated or cited by OSHA or any other local, state, or federal governmental agency for any matter related to asbestos or asbestos exposure? If so, please provide the dates of such investigations, the results that were communicated to Defendants, and the remedial measures (if any) which were undertaken by Defendants.

ANSWER:

6. Please provide Defendants’ complete corporate history, including its ownership, sale, acquisition, or divestiture, and any mergers, acquisitions, consolidations, or other similar events involving Defendants at any time during its history.

ANSWER:

7. Please identify each person who has supplied any information or assisted in locating any documents or tangible things used in answering or responding to all discovery pursuant to the Case Management Order, and provide a year-by-year list of all positions or job titles held by each person.

ANSWER:

8. When was the first time Defendants became familiar with the concept of a threshold limit value, or TLV, for airborne dust, and how was Defendants first made aware of this concept?

ANSWER:

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9. Please identify each asbestos-containing product that Defendants mined, manufactured, marketed, produced, researched, sold, distributed, or patented at any time. For each product identified, please provide the following information:

a. the trade name or brand name of the product mined, manufactured, marketed, produced, researched, sold, distributed, and/or patented;

b. the date the product was patented (if patented), placed on the market (if marketed), and the inclusive dates of the product’s manufacture or sale (if manufactured or sold);

c. the physical and chemical composition of the product, including the type of asbestos contained in the product and the percentage or amount of asbestos in each product;

d. the date Defendants stopped mining manufacturing, marketing, producing, researching, selling, and/or distributing the product;

e. the date the product was removed from the market (if marketed) and no longer sold or distributed and the reasons therefor;

f. the date asbestos was removed from the product, if ever, and the reasons for removing it;

g. the seller(s), distributor(s) and/or supplier from whom Defendants purchased the asbestos used in each particular product, and the type (example: amosite, chrysotile) and quantity of asbestos Defendants purchased from the seller(s);

h. whether Defendants ever conducted any testing on the product to determine whether it posed any potential hazard to human or non-human health;

i. the plant or facility where the product was mined, manufactured, produced, or researched;

j. the foreseeable users of the product (such as insulators, helpers, pipefitters, boilermakers, welders, machinists, plasterers, drywall finishers, carpenters, shipwrights, etc.); and

k. a description of any warnings that Defendants placed on the product or its packaging, operating manuals, brochures, catalogs, or other related printed material. This description should include the precise language of the warning, the size of the warning, the location on the product or its packaging where the warning was printed, and when the warning was first placed on the product.

ANSWER:

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10. As to any asbestos-containing product mined, manufactured, marketed, produced, researched, sold, distributed, or patented by Defendants at any time, were such products ever further distributed, marketed, packaged, labeled, or sold by companies or individuals other than Defendants? If so, please identify such companies or individuals, provide the dates those companies or individuals further distributed, marketed, packaged, labeled, or sold Defendants asbestos-containing products, and identify the specific asbestos-containing products involved.

ANSWER:

11. As to each asbestos-containing product mined, manufactured, marketed, produced, researched, sold, distributed or patented by Defendants at any time, was each such product generally expected to reach, or packaged to reach, the consumer or user without substantial change in the condition in which it was sold? If not, with respect to each such product, please explain in what way Defendant claims such product was to be altered or substantially changed alter sale or distribution and before reaching the consumer or user.

ANSWER:

12. As to each asbestos-containing product mined, manufactured, marketed, produced, researched, sold, distributed, or patented by Defendants at any time, does Defendant contend that any of the products can be generally utilized without liberating asbestos fibers into the air? If so, please identify each such product, generally describe the intended use of the product, and explain how such use would not tend to liberate asbestos fibers into the air.

ANSWER:

13. Was it foreseeable to Defendants, at the time each asbestos-containing product mined manufactured, marketed, produced, researched, sold, distributed, or patented by Defendants was released for sale and distribution, that the product might be removed, stripped, ripped out, or replaced at some time after installation?

ANSWER:

14. Before 1970, did Defendants mine, manufacture, market, produce, research, sell, distribute, or patent any product which did not contain asbestos and which could be substituted for any asbestos-containing product? If so, please identify such asbestos-free product, and state the date such product was first placed on the market.

ANSWER:

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15. As to each asbestos-containing product mined, manufactured, marketed, produced, researched, sold, distributed, or patented by Defendants at any time, when did Defendants become aware of asbestos-free substitutes or alternatives for such product (e.g. mineral wool), regardless of Defendants’ belief in the viability of substitutes or alternatives?

ANSWER:

16. If it is your contention that Defendants took the proper precautions to protect users of its asbestos-containing product(s) from potential hazards associated with the use of said asbestos containing product(s), please identify any such precautions and actions taken.

ANSWER:

17. As to each and every asbestos-containing product identified in Response to Interrogatory No. 9, please list each and every asbestos fiber supplier to Defendants.

ANSWER:

18. Beginning in the year that Defendants first manufactured, marketed, produced, researched, sold, distributed, or patented any asbestos-containing product, and continuing through the present day, please identify each person who has held the position of corporate medical director, corporate safety director, and corporate industrial hygienist, however characterized. For each person identified, please also provide the person’s current or last known address and whether the person is currently alive or dead, if known.

ANSWER:

19. If it is your contention that Defendants’ product was not or could not have been sold, distributed or otherwise present on any job site at which Claimant claims exposure to asbestos, please state the reasons for this contention and the underlying basis for it.

ANSWER:

20. If you intend to make the contention at the trial of this case that your products were not or could not have been present on any job sites to which Claimant claims exposure to asbestos, please identify the individual or individuals who will testify to this contention and the underlying basis for their testimony.

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ANSWER:

21. If it is your contention that the Claimant’s description of your asbestos-containing product(s) or his/her use of your asbestos-containing product(s) is not a proper description and/or use please state the bases for this contention.

ANSWER:

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EXHIBIT E

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA

Charlotte Division

In re KAISER GYPSUM COMPANY, INC., et al1 Debtors.

Case No. 16-31602 Chapter 11 (Jointly Administered)

MASTER SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

Pursuant to Rule 7034 of the Federal Rules of Bankruptcy Procedure, Claimant, through counsel, requests that the Debtors and the Settlement Facility (collectively, the “Defendants”) respond to the following requests for production of documents in accordance with the Case Management Order for Post-Confirmation Allowance of Disputed Unresolved Asbestos Claims Electing Litigation Option.

DEFINITIONS AND INSTRUCTIONS

1. “Asbestos” means any of the naturally-occurring fibrous silicate minerals, including both serpentine forms (chrysotile) and amphibole forms (amosite, crocidolite, tremolite, anthophyllite, and actinolite), whether referred to by their scientific names or by synonyms such as brown (amosite), white (chrysotile) or blue (crocidolite) asbestos.

2. “Asbestos-containing product” means any product or material that contains asbestos in any form. Such products include, but are not limited to, pipe covering, turbines, cement, block, gaskets, packing, plaster, joint compound, floor and ceiling tiles, mastics, raw fibers, fireproofing, shingles, panels, sheets, boards, millboard, refractory cement, boilers, firebrick, brake and clutch linings, finishing compound, texture, drilling mud, “hot tops,” and other construction, building, drywall, lath, and insulation materials.

3. “Claim” means the Unresolved Asbestos Claim.

4. “Claimant” means the Unresolved Asbestos Claimant electing the Litigation Option, as well as all other claimants asserting a Unresolved Asbestos Claim on the basis of the same asbestos-related injury, such as claimants alleging wrongful death or loss of consortium.

5. “Document” refers to all items subject to discovery under Rule 34 of the Federal Rules of Civil Procedure, including, but not limited to, any written or recorded material of any 1 The Debtors are the following entities (the last four digits of their respective taxpayer identification numbers follow

in parentheses): Kaiser Gypsum Company, Inc. (0188); and Hanson Permanente Cement, Inc. (7313). The Debtors’ address is 300 E. John Carpenter Freeway, Irving, Texas 75062.

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kind, including the originals and all non-identical copies, whether different from the originals by reason of any notation made on such copies or otherwise; notations of any sort of conversations, telephone calls, meetings or other communications; all graphic or oral records or representations of any kind; and electronic, mechanical, magnetic, optical or electric records or representations of any kind (including without limitation, computer files and programs, tapes, cassettes, discs, recordings), including metadata.

6. “Defendant” or “you” means Kaiser Gypsum Company, Inc., Hanson Permanente Cement, Inc. and the Settlement Facility.

7. “Identify” means:

(a) In the case of a person, to state his or her full name, present or last- known home and business address, and his or her present or last-known employer and job title.

(b) In the case of a business concern, to state its name and its present or last-known address, and the nature of such business concern (e.g., partnership, corporation, etc.).

(c) In the case of a document, to state its date, its author, its recipient or the person for whom it was prepared, the type of document (e.g., letter, memorandum, chart, or other category), its present location or custodian, a summary of its contents, and any other information necessary to render the document distinguishable from all others and subject to ready location. In lieu of identifying a document, a copy of the document may be supplied.

(d) In the case of a communication or act, to identify the person(s) present when the communication or act occurred, the date and location of such communication or act, the substance of such communication or act, and all documents which record, refer to, or otherwise concern such communication or act.

(e) In the case of a product, to identify the name and type of product, its identifying features and characteristics, the name of the manufacturer, and the date of manufacture.

8. “Injured Party” means the person whose alleged asbestos-related injury forms the basis of the Claim.

9. If a document request or definition or instruction is objected to in whole or in part, specify all grounds on which objection rests. Respond to all portions of each such request to which no objection is asserted.

10. If Defendant contends that any documents requested are privileged in whole or in part, or otherwise objects to any part of any document request, identify:

(a) the reason(s) for each objection, claim of privilege or immunity, or ground for exclusion;

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(b) each person having knowledge of the factual basis, if any, on which the claim of privilege or immunity or other ground is based; and

(c) identify the document.

REQUESTS FOR PRODUCTION OF DOCUMENTS

1. Please produce all documents and tangible things that indicate the time and/or manner in which Defendants learned inhalation of asbestos fibers by humans lead to the development of the following asbestos-related diseases:

a. asbestosis,

b. pleural plaques,

c. lung cancer,

d. kidney cancer,

e. laryngeal cancer,

f esophageal cancer,

g. stomach cancer,

h. colon cancer, and

i. mesothelioma.

RESPONSE:

2. Please produce all documents and tangible things containing any information Defendants received before 1980, relating to the hazards of asbestos or nuisance dust in general that was discussed, disseminated, or in any way published by any organization, association, or group listed in Defendants’ response to Interrogatory No. 2, or by any other trade organization or group.

RESPONSE:

3. Please produce all documents and tangible things related to any meeting, attended by any of Defendants’ employees, former employees, or representatives, that indicate any discussion, consideration, or information regarding asbestos or nuisance dust in general. This Request for Production specifically seeks, but is not limited to: meeting agendas, minutes, notes or memoranda from any proceeding, symposium or conference listed in Defendants’ response to

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Interrogatory No. 2, as well as from safety committees, purchasing committees or other groups within Defendants’ organization generated before 1972.

RESPONSE:

4. Please produce all documents and tangible things relating to Defendants’ establishment of medical, safety, and industrial hygiene departments. This Request for Production specifically seeks, but is not limited to, any policies, procedures or guidelines given to each such department by Defendants’ management, and any product testing, or other actions taken by each such department regarding the hazards of asbestos or nuisance dust in general.

RESPONSE:

5. Please produce all documents and tangible things relating to health or safety inspections of Defendants, by local, state or federal regulatory agencies. This Request for Production specifically seeks, but is not limited to: all documents and tangible things relating to any violations, citations, or warnings, and include inspections for asbestos and other dust hazards.

RESPONSE:

6. Please produce all the closing binders and/or final transaction documents related to all transactions in which Defendants acquired any business entity which manufactured, mined, distributed, supplied, or sold asbestos-containing products.

RESPONSE:

7. Please produce all the closing binders and/or final transaction documents related to all transactions in which Defendants was acquired by another entity.

RESPONSE:

8. Please produce all the closing binders and/or final transaction documents related to all transactions in which Defendants agreed to assume tort liabilities of any third party which manufactured, mined, distributed, supplied, or sold asbestos-containing products.

RESPONSE:

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9. Please produce all the closing binders and/or final transaction documents related to all transactions in which Defendants agreed to indemnify, defend or hold harmless the tort liabilities of any third party which manufactured, mined, distributed, supplied or sold asbestos-containing products.

RESPONSE:

10. Please produce all the closing binders and/or final transaction documents related to all transactions in which Defendants changed its name.

RESPONSE:

11. Please produce all documents and tangible things, received or obtained by Defendants before 1972, that indicate that inhaled asbestos fibers can be hazardous to human or non-human health. This Request for Production specifically seeks, but is not limited to: all responsive books, articles, reports, pamphlets and manufacturer’s instructions.

RESPONSE:

12. Please produce all documents and tangible things relating to the inventories of all Defendants’ libraries, research repositories, or other archives that contain magazines, journals, books, publications or other documents related to asbestos, pneumoconiosis, or any other dust-related disease (including, but not limited to, the effects of exposure to asbestos, industrial hygiene measures relating to asbestos dust, and medical information or research relating to asbestos or its effects on animals or humans, populations at risk, etc.). This Request for Production specifically seeks, but is not limited to: all card catalogs, indices, holding lists, databases, other record management systems, and subscription lists for periodicals such as: Journal of the American Medical Association, Industrial Medicine, Journal of Industrial Hygiene and Toxicology, National Safety News, Industrial Hygiene Foundation Digest and Public Health Reports of the United States.

RESPONSE:

13. Please produce all documents and tangible things containing information concerning the hazards of asbestos or nuisance dust in general that Defendants received at any time.

RESPONSE:

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14. Please produce all documents and tangible things containing information concerning the hazards of asbestos or nuisance dust in general that Defendants published, distributed, or disseminated at any time.

RESPONSE:

15. Please produce all documents and tangible things, created by any of Defendants’ employees, former employees, or representatives at any time, that refer to any documents or tangible things responsive to the Request for Production immediately above.

RESPONSE:

16. Please produce all documents and tangible things generated by Defendants before 1972 that discuss or refer to the Fleischer-Drinker Report.

RESPONSE:

17. Please produce all documents and tangible things generated by Defendants before 1972 that discuss or refer to the Dreessen Report.

RESPONSE:

18. Please produce all documents and tangible things relating to Defendants’ document and record retention (and/or destruction) policies or procedures, including, but not limited to:

a. any supplements, addenda, memoranda, operating bulletins, revisions, or any other superseding instructions that refer to the stoppage, suspension or resumption of responsive policies or procedures; and

b. policies or procedures regarding documents or records created, maintained, or stored by electronic, digital, optical and/or magnetic means (such as microfilm, microfiche, imaging, scanning, or storage on tapes, disks, CD or DVD-based media, databases, or on any computer hardware, backup system, download system, file dumping or other system of information management, whether on-site or off site).

RESPONSE:

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19. Please produce all demonstrative aids that Defendant plans to use at trial in this matter.

RESPONSE:

20. Please produce all documents and tangible things relating to communications between Defendants and any of its worker’s compensation insurance carriers or any other insurance companies, made at any time, regarding asbestos-containing products, the hazards of asbestos or nuisance dust in general and any asbestos-related studies, analyses or testing conducted by any insurance carriers.

RESPONSE:

21. Please produce copies of all affidavits, depositions, and trial transcripts of Defendants’ employees, former employees, or representatives taken in any matter involving an alleged injury or claimed property damage, incurred at any time, due to asbestos.

RESPONSE:

22. Please produce all documents and tangible things related to inventory, stock-on-hand, warehousing, or other storage of asbestos or asbestos-containing products at any location owned, operated, or controlled by Defendants between 1972 and the present day.

RESPONSE:

23. Please produce all documents and tangible things that indicate Defendants’ participation in, or funding of, any research regarding the health effects of asbestos exposure.

RESPONSE:

24. Please produce all documents and tangible things indicating any industrial hygiene advice, related to the hazards of asbestos, which Defendants received from any insurance carrier at any time.

RESPONSE:

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25. Please produce the personnel records of all witnesses listed in Defendant’s Answers to Interrogatories.

RESPONSE:

26. Please produce all documents and tangible things Defendant’s counsel provided to any of its expert or fact witnesses as a result of the filing of this Claim.

RESPONSE:

27. Please produce a copy of the current resume and bibliography of each expert identified in Defendant’s Answers to Interrogatories.

RESPONSE:

28. Please produce all statements, invoices, and other billing records that evidence or relate to any fees and expenses charged by any expert identified in Defendant’s Answers to Interrogatories for time spent, or services rendered, with respect to this Claim.

RESPONSE:

29. Please produce a copy of the expert report rendered by any expert identified in Defendant’s Answers to Interrogatories.

RESPONSE:

30. Please produce all responses to written discovery made by Defendants or Defendant in all previous or pending asbestos-related lawsuits.

RESPONSE:

31. Please produce all agreements between Defendants and any manufacturer of asbestos-containing products in which Defendants agreed to act on the manufacturer’s behalf in representing, selling, or distributing the manufacturer’s products.

RESPONSE:

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32. Please produce all documents and tangible things relating to Defendants’ mining, manufacture, marketing, production, research, sale, distribution, or patenting of any asbestos-containing product at any time. This Request for Production specifically seeks, but is not limited to: packaging, instructions, package inserts, warnings, advertisements, and records of safety or health testing for each such product.

RESPONSE:

33. Please produce all documents and tangible things that indicate, in any way, the dust-creating potential of any asbestos-containing product mined, manufactured, marketed, produced, researched, sold, distributed, or patented by Defendants at any time.

RESPONSE:

34. Please produce all documents and tangible things that indicate, in any way, Defendants’ knowledge or awareness of asbestos-free substitutes or alternatives for any product mined, manufactured, marketed, produced, researched, sold, distributed, or patented by Defendants regardless of Defendants’ belief of the viability of such substitutes or alternatives.

RESPONSE:

35. Please produce all documents and tangible things relating to cost-risk analyses, cost-benefit analyses, or any other study, analysis, report, or document generated or obtained by Defendants at any time, that discusses the cost of abating, removing, replacing, or encapsulating asbestos or implementing any safeguards or engineering controls designed to protect persons from the hazards of asbestos or nuisance dust in general.

RESPONSE:

36. Please produce all documents and tangible things evidencing health surveys, epidemiological studies, environmental testing, air monitoring, or dust level counts conducted at any time by Defendants or at Defendants’ request related to the use of Defendants’ asbestos-containing products.

RESPONSE:

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37. Please produce any and all documents identifying precautions taken by Defendants to protect users of its asbestos-containing product(s) from the potential hazards associated with asbestos.

RESPONSE:

38. Please produce any and all advertisements, brochures, product manuals, or any other such documents relating to any asbestos containing product(s) manufactured, sold, or otherwise distributed by Defendants.

RESPONSE:

39. Please produce all documents and tangible things that indicate, in any way, each and every asbestos fiber supplier to Defendants.

RESPONSE:

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