COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

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I however, that in any subsequent action that may be brought by Plaintiff to enforce any Reserved 2 Claims, Defendants, collectively or individually, shall not assert, plead or raise against Plaintiff in 3 any fashion any defense or avoidance based on splitting of claims. 4 20. As used herein, "Covered Parties"means Defendants, collectively and individually, and 5 the other entities to whom this Stipulation and the Final Judgment entered in this action is 6 applicable pursuant to Paragraph 2 above. 7 21. As used herein, "Covered Matters" means any and all claims, violations, or causes of 8 action that could have been asserted by the People based on the allegations that are the subject of 9 the Complaint under Chapters 6.5, 6.7 and 695 of Division 20 of the California Health & Safety 10 Code and related regulations, county codes, local ordinances, permits or orders (except as I 1 provided below) for civil liability against any Defendant as an owner or operator of the Released 12 Facilities for acts, omissions, or events on or pertaining to the Released Facilities during periods 13 of ownership or operation by any of the named Defendants up to the Effective Date of the Final 14 Judgment entered in this action; and any civil claims under the California Business and 15 Professions Code that are derived from the foregoing, up to the Effective Date of the Final 16 Judgment entered in this action; provided,however, that"Covered Matters" specifically excludes 17 any claims under Paragraphs 131k., and 13.11. of the Complaint, and other releases and/or 18 disposal of hazardous waste, hazardous material, hazardous substance, pollutant or designated 19 contaminant which was not known by Plaintiff as of the Effective Date of the Final Judgment in 20 this action, and provided further that Defendants preserve any and all defenses to such claims, 21 including but not limited to defenses based on statutes of limitation. For purposes of the 22 exclusion in the previous sentence, Plaintiff will be deemed to have known of a claim under 23 Paragraph 13.kk., or 13.11. of the Complaint if prior to August 1, 2011, either(a) a CUPA or the 24 relevant regulatory authority was on notice of a release, spill, leak, disposal or discharge at the 25 service station facility in question, and Plaintiff receives notice pursuant to Paragraph 16, or (b) a 26 CUPA or the relevant regulatory authority had opened an environmental case regarding the 27 service station facility in question, and Plaintiff receives notice pursuant to Paragraph 16, 28 Further, as used herein, "Covered Matters" shall not preclude, on or after the Effective Date of the 17 Stipulation for Entry of Final Judgment and Permanent Injunction