《asbestos relief trust release and discharge …石棉救济信托免除…》由会员分享，可在线阅读，更多相关《asbestos relief trust release and discharge …石棉救济信托免除…（3页珍藏版）》请在金锄头文库上搜索。
1、ASBESTOS RELIEF TRUST : RELEASE AND DISCHARGE FORMRELEASE AND DISCHARGE IN FAVOUR OF THE GENCOR GROUP, THE GEFCO GROUP AND THE MSAULI GROUP GRANTED BY A CLAIMANT WHO (i) HAS HIMSELF OR HERSELF CONTRACTED AND ARD; (ii) IS A DEPENDANT OF A PERSON WHO HAS DIED FROM MESOTHELIOMA OR ASBESTOS-RELATED LUNG
2、 CANCER (THE DECEASED); (iii) IS THE DULY AUTHORISED REPRESENTATIVE OF THE ESTATE OF THE DECEASED1.In consideration of:1.1the founding of the Trust by Gencor, Gefco and Msauli; and1.2the payment to the Trust by Gencor of the Gencor Settlement Amount and by Gefco of the Gefco Settlement Amount and by
3、 Msauli of the Msauli Settlement Amount; and1.3the acceptance for consideration and/or payment by the Trust of my claim for monies arising out of ARD,I hereby irrevocably and unconditionally:i)release and discharge all members of the Gencor Group, all members of the Gefco Group and all members of th
4、e Msauli Group (jointly and severally) from any claim, proceeding or action (actual, potential or contingent) which I have or may have against them (jointly or severally) relating to ARD;ii)agree and undertake that I will not bring any claim, proceeding or action of whatsoever nature and howsoever a
5、nd wheresoever arising, against any member of the Gencor Group, any members of the Gefco Group and any members of the Msauli Group (jointly or severally) relating to ARD.2.The release, discharge, agreement and undertaking referred to in 1 above are given and made by me (delete whichever of 2.1, 2.2
6、or 2.3 is not applicable to you):2.1in my personal capacity as a person who is suffering from ARD; or2.2as the legal dependant of a person who has died from mesothelioma or asbestos-related lung cancer; or2.3in my capacity as the true and duly authorised representative of the Estate of a person who
7、has died from mesothelioma or asbestos-related lung cancer, in which event I warrant my capacity as such and I agree and undertake to the Trust that any monies paid to me by the Trust will:2.3.1be in full and final settlement of all and any claims which any legal dependant/s of the deceased may have
8、 against the Trust;2.3.2be distributed by me to the legal dependants of the deceased.3.This Release and Discharge is given for the benefit of the members of the Gencor Group, the Gefco Group and the Msauli Group (jointly and severally), as those entities are defined herein.4.For the purpose of accep
9、ting the benefits conferred upon:4.1Gencor, Gefco and Msauli (jointly and severally) by me in this document, I acknowledge and accept that the Trust is the duly authorised agent of Gencor, Gefco and Msauli (jointly and severally) which, by signature of the Trust hereto, accepts those benefits on the
10、ir behalf (jointly and severally);4.2the other members of the Gencor Group, the Gefco Group and the Msauli Group, I acknowledge and agree that the benefits shall remain open for acceptance by them (jointly and severally) irrevocably and indefinitely, and I waive the necessity for any form of communi
11、cation to me of any such acceptance.5.For the purpose of this Release and Discharge, the following words and phrases shall bear the following meanings:5.1ACA means African Chrysotile Asbestos Limited, a public company incorporated according to the laws of the Republic of South Africa under registrat
12、ion number 1944/017008/06, having its registered office at Everite House, 20 De Korte Street, Braamfontein, or any successor to ACA;5.2Act means the South African Companies Act 61 of 1973 (as amended);5.3ARD means and shall include one or more of the following medical conditions: mesothelioma (1), a
13、sbestos-related lung cancer (2), asbestosis (3), asbestos-related pleural effusion (4), asbestos-related pleural thickening (5) and asbestos-related pleural plaques (6);5.4Associated Company/ies means an associated company or associated companies as defined in Schedule 4 of the Act;5.5Gefco means Th
14、e Griqualand Exploration and Finance Company Limited, a public company incorporated according to the laws of the Republic of South Africa under registration number 1970/011100/06, having its registered office at Everite House, 20 De Korte Street, Braamfontein, or any successor to Gefco;5.6the Gefco
15、Group means Gefco and each of its former or present, direct or indirect Subsidiaries and/or Associated Companies and its former or present or future directors and/or officers and/or employees and/or shareholders anywhere in the world from time to time (including Hanova) or any one of them as the case may be and in addition, means Gefcos Insurer/s;5.7Gefco Insurer(s) means any past present or future insurer (in respect of any past present or future period of insurance) of any member of the Gefco Group;5.8Gefco Settlement Amount means the amount/s paid by Gefco to the Tr
