Contract analysis

I. "Meridian Docks Claims" shall mean the thirty-one (31) related commercial general liability bodily injury claims arising from alleged toxic contamination at the Meridian Docks industrial waterfront redevelopment project in Newark, New Jersey, insured under QC&S Policy No. CGL-2020-09844 (policyholder: Meridian Docks Development LLC), and any additional claims arising from the same occurrence or set of related circ

1. Time Period. Unless otherwise specified in an individual Request, these Requests cover the period from January 1, 2019 through the date of Respondent's production of documents. To the extent any responsive Documents were created prior to January 1, 2019, but relate to the subject matter of these Requests (including, without limitation, predecessor agreements, course of dealing, or underwriting history), such Docum

2. Scope of Search. Respondent shall conduct a diligent and good-faith search of all locations, both physical and electronic, where responsive Documents may reasonably be found. Without limitation, such locations include shared network drives, local hard drives, email servers (including archived emails), document management systems, cloud storage platforms, personal files and devices used for business purposes, backu

3. Privilege Log. To the extent any Documents responsive to these Requests are withheld in whole or in part on the basis of attorney-client privilege, the attorney work product doctrine, or any other privilege or protection from disclosure, Respondent shall produce a privilege log complying with CPLR § 3122 and applicable case law. For each withheld Document, the privilege log shall identify, at a minimum: (a) the da

4. Form of Production. Electronically stored information shall be produced in native format with all associated metadata intact, or in single-page TIFF images with extracted text (.txt) files and all available metadata (including, at a minimum, custodian, author, date created, date modified, date sent, date received, sender, recipient(s), CC, BCC, subject line, file name, file path, and file size). Hard-copy Document

5. Continuing Obligation. These Requests are continuing in nature pursuant to CPLR § 3101(h). If, after the date of production, Respondent identifies additional Documents responsive to any Request, or if additional responsive Documents come into Respondent's possession, custody, or control, Respondent is obligated to supplement its production promptly by producing such additional Documents.

6. Document Custodians. Without limiting the scope of the search required under Instruction No. 2, Respondent shall, at a minimum, search the files (including email accounts, personal files, and any Documents in their possession or control) of the following individuals: (a) Sir Edmund Haverford, Chief Executive Officer, Pinnacle Atlantic Reinsurance Ltd.; (b) Lorraine Metcalf, Chief Claims Officer, Pinnacle Atlantic

7. Non-Waiver. The service of these Requests, and the production of Documents in response thereto, shall not constitute, and shall not be deemed to constitute, a waiver by QC&S or Pinnacle Atlantic of any rights under Article 22 of the Treaty, including the right to compel arbitration of this dispute before a three-member arbitration panel seated in New York, New York, under the rules of ARIAS-U.S. QC&S expressly pre