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1 NO WAIVER OF RIGHT TO ENFORCE 2 18. The failure of Plaintiff to enforce any provision of this Stipulation or the Final Judgment 3 entered in this action shall in no way be deemed a waiver of such provision, or in any way affect 4 the validity of this Stipulation or the Final Judgment. The failure of Plaintiff to enforce any such 5 provision shall not preclude Plaintiff from later enforcing the same or any other provision of this 6 Stipulation or the Final Judgment during the period that provision of the Final Judgment remains 7 in effect. No oral advice, ,guidance, suggestions.or comments by employees or officials of any 8 Party regarding matters covered in this Stipulation or the Final Judgment entered in this action 9 shall be construed to relieve any Party of its obligations required by the Final Judgment. 10 MATTERS RESOLVED BY THE FINAL JUDGMENT 11 19. The Final Judgment to be entered in this action pursuant to this Stipulation is a final and 12 binding resolution and settlement as to the Covered Parties and the Covered Matters as defined 13 below. Except for the obligations of Defendants that are expressly set forth in this Stipulation and 14 the Final Judgment entered in this action, Plaintiff hereby covenants not to sue or pursue any 15 further civil claims against the Covered Parties for the Covered Matters. Any claim, violation, or 16 cause of action that is not a Covered Matter is a"Reserved Claim." Reserved Claims include, 17 without limitation, (1) any violation of the injunctive provisions of the Final Judgment entered in 18 this action; (2) any violation that occurs after the Effective Date of the Final Judgment; (3) all of 19 the claims under Paragraphs 26 and 27 of the First Amended Complaint For Preliminary and 20 Permanent Injunction, Civil Penalties and Other Equitable Relief filed in the matter of People v. 21 Chevron Corporation et al., San Joaquin County Superior Court; Case No. 39-2009-00226884- 22 CU-TT-STK, provided that such claims are directly related to the Covered Parties' handling and 23 management of FM-186 and FM-186-2 products and associated wastes; (4) all of the claims 24 existing in the action of People v. Union Oil, et at., Sacramento County Superior Court, Case No, 25 03AS0542; (5) any claim, violation, or cause of action directly against Defendants' independent 26 contractors or subcontractors except as provided in Paragraph 2; and (6) any claim under state or 27 federal law for cleanup of contamination. The Parties reserve the right to pursue any Reserved 28 Claim and reserve the right to assert any defenses against any Reserved CIaim; provided, 16 Stipulation for Entry of Final Judgment and Permanent Injunction