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Mr. Lonnie Brokke December 9,2003 Page 5 Replacement Compensation will recalculated accordingly. While there is no similar provision in place for those claimants who choose to wait to sign an Acceptance of Settlement, it is possible that the Class Action Defendants may argue that a similar recalculation for depreciation should have been included or was intended to be included for this situation. Thus, the amount that the City could obtain toward roof replacement expenses could decline. Furthermore, with regard to the deck remediation, under the Class Action Settlement Agreement, a claimant has until January 18,2011 to remove the foam andremediate the metal deck and still receive reimbursement. However, the longer the City waits to remove the phenolic foam roof insulation, the more likely that further damage will be done to the metal decking and thus, the need for more extensive remediation. A danger in waiting too long to complete the deck remediation is that the Class Action Defendant may argue that it should not have to pay the additional costs of remediation incurred due to corrosion that occurred after the City was aware of the Settlement Offer in 2003. Finally, it should be noted that the longer the phenolic foam roof insulation is retained on the metal decking, the more likely the �'�t}r will be exposed to liability. According to Jim Edwards at PhenCon, it is not a question of whether the metal roof decking will rust through, but rather a question of when. If the metal roof decking rusts through, it could create a hazard for anyone walking on the roof and/or fall into the interior of the building. It will be more difficult to defend against any claim of injury or property damage if the City is shown to have known about a potential safety risk and yet did nothing to mitigate that risk. 2. Wait to accept the settlement offer until after October 2008, but prior to January 18,2011, and replacelremediate at that time. If the City waits until past the useful life date of the roof, the City will be ineligible to receive roof replacement compensation, but will still remain eligible for deck remediation and interior protection compensation. As mentioned above, under the Class Action Settlement Agreement, a claimant has until January 18,2011 to remove the foam and remediate the metal deck and still receive reimbursement for the deck remediation. The same concerns previously discussed also apply to this even longer period of waiting. Furthermore, the Class Action Settlement Agreement does contain a provision which limits the amount of compensation per square foot for remediation if the claimant waits until after the useful life of the roof expires to do the remediation. While it is unclear if this provision would affect the amount of compensation that the City can obtain for remediation, it is clear that the Class Action Settlement Agreement is written to discourage claimants from delay.