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3.19. Reservation of Rights. DTSC and the Project Proponent <br />reserve the following rights. <br />3.19.1 DTSC reserves its right to pursue cost recovery <br />under The Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980 (CERCLA), as amended, the California Health <br />and Safety Code, and any other applicable section of the law. <br />3.19.2 DTSC reserves the right to take any enforcement <br />action that it determines to be necessary pursuant to CERCLA <br />and/or any other authority, including the right to seek response <br />costs, injunctive relief, monetary penalties, and punitive <br />damages. Nothing in this Agreement is intended or shall be <br />construed to limit or preclude DTSC from taking any other action <br />authorized by law or equity to protect public health or safety or <br />the environment and recovering the cost thereof. <br />3.19.3. By entering into this Agreement, Project Proponent <br />does not admit to any fact, fault or liability under any statute <br />or regulation for conditions which existed before, during, or <br />after the execution of this Agreement. <br />3.19.4. Nothing in this Agreement shall constitute or be <br />construed as a waiver of Project Proponent's rights, (including <br />any covenant not to sue or release) with respect to any claim, <br />cause of action, or demand in law or equity that Project <br />Proponent may have against any "person", as defined in Section <br />101(21) of CERCLA or Health and Safety Code Section 525319, that <br />is not a signatory to this Agreement. <br />3.19.5. Nothing in this Agreement shall be deemed to limit <br />DTSC's response authority under either Health and Safety Code <br />Section 25358.3 or under any other response authority. <br />3.19.6. In no case shall. Project Proponent be entitled to a <br />refund from DTSC or to assert a claim against DTSC for any amount <br />paid or expended under this Agreement, except as provided in <br />Paragraph 3.5.4 or 3.20. <br />3.20. Termination for Convenience. Each party to this <br />Agreement reserves the right unilaterally to terminate this <br />Agreement for any reason. Termination may be accomplished by <br />E <br />