Document jBaK2gZeJRzr2p0z6n9YLvL6R

PLAINTIFF'S EXHIBIT Bird) )-'Corporation Frank S. Anthony Vice President, Genera! Counsel and Secretaiy February 24, 1991 Mr. Gary W. Fameti Ball, McDonough & Johnson P.C. The Professional Building 117 Hawley Street P.O. Box 1740 Binghamton, NY 13902-1740 Re: Joseph Gagnon, RD #1 Box 242, Chenango Porks, NY 13746 Pile No. 10-171-89-01HO Dear Mr. Farneti: Please be advised that the shingles covering Mr. Gagnon's roof met our manufacturing specifications and, according to our records, your client's roof is still in a watertight condition. We also understand that he arranged to have 23 squares of Mark 80 L/S, Cinnamon installed on his roof during July of 1983, thereby invalidating any applicable warranty. Notwithstanding that the Bird shingles met warranty and that his actions invalidate the warranty. Bird and Wilson & Fritz, Inc. agree to resolve your client's claim according to the terms and conditions of Bird's pro-rated shingle warranty. The warranty settlement computes as follows: $90 x 23 squares x 258 months divided by 360 months = $1,483.50 A copy of this warranty is already in your possession. Please advise us of your decision in this matter. Obviously, this offer is made in the spirit of good will and to avoid time consumption and is made without- admission of any liability on the part of Bird or Wilson & Fritz, Inc. Frank S. Anthony Vice President and General Counsel cc: Keith O'Neill Clifford Patenaude 03-720.3 One Dedham Place, Dedham, MA 02026 Tel: (617) 461-1414 Fax: (617) 461-1618 BIRD 011360