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I causes of action for performance of cleanup,corrective action,or response action concerning or 2 arising out of actual past or future releases,spills,leaks,discharges or disposal of motor vehicle 3 fuels,hazardous wastes, or hazardous substances caused or contributed to by Flying J's 4 California Facilities;or claims or causes of action relating to the disposal of hazardous wastes or 5 hazardous substances that are unknown to the People as of August 21,2008,are not.Covered 6 Matters and are Reserved Claims. 7 7.4. In any.subsequent action that may be brought by the People based on any 8 Reserved Claims,Flying J agrees that it will not assert that failing to pursue the Reserved Claims 9 as part of this action constitutes claim-splitting,laches or is otherwise inequitable because of this 10 failure. This Paragraph does not prohibit Flying J from asserting any statute of limitations that 11 may be applicable to any Reserved Claims or any other defense. 12 7.5- The provisions of Paragraph 7 1. are effective on the date of the entry of the 13 Consent Judgment. The continuing effect of Paragraph 7 1. is expressly conditioned on Flying 14 J's full payment of the amounts due under the Consent Judgment. 15 7.6. Paragraph 7 1 shall not bar the People's right to enforce the terms of the Consent 16 Judgment. 17 77 Flying J covenants not to pursue any civil or administrative claims against the 18 People or against any agencies of the State of California,any counties in the State of California 19 or any CUPA,or against their officers,employees,representatives,agents or attorneys arising 20 out of or related to any Covered Matter up to and including August 21,2008. 21 8. NOTICE 22 All submissions and notices required by this Consent Judgment shall be sent to; 23 For the People: 24 Janill L. Richards Deputy Attorney General 25 Office of the Attorney General 1515 Clay Street,20"Floor 26 P.O. Box 70550 Oakland,California 94612-0550 27 28 CONSENT JUDGMENT 16