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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />regarding the California Facilities and any claims that could have been alleged based on known <br />conduct. The matters described in the previous sentence are "Covered Matters." Any claim, <br />violation, or cause of action that is not a Covered Matter is a "Reserved Claim." Reserved Claims <br />include, without limitation, any unknown violation, any violation that occurs after January 25, <br />2011, and any claim, violation, or cause of action against Target's independent contractors or <br />subcontractors. The parties reserve the right to pursue any Reserved Claim and to defend against <br />any Reserved Claim. <br />7.2. Any claims or causes of action against Target for performance of cleanup, corrective <br />action, or response action for any actual past or future releases, spills, or disposals of hazardous <br />waste or hazardous substances that were caused or contributed to by Target at or from Target <br />Facilities are not Covered Matters. <br />7.3. In any subsequent action that may be brought by the People based on any Reserved <br />Claim, Target agrees that it will not assert that failing to pursue any Reserved Claim as part of <br />this action constitutes claim -splitting. <br />7.4. In the event litigation is filed by an entity that is not a party to this action against <br />Target arising out of or related to a Covered Matter, Target shall, within 30 days following <br />service of such litigation upon Target, notify the People of such litigation. Upon such timely <br />notice, the People will undertake a good faith effort to determine whether the subsequent <br />litigation is barred by the terms of this Final Judgment on Consent and the principle of res <br />judicata. If the People determine that the subsequent litigation is barred by the terms of this Final <br />Judgment on Consent and the principle of res judicata, the People will appear in person or in <br />writing in such subsequent litigation to explain the People's view of the effect of this Final <br />Judgment on Consent on such litigation. <br />7.5. The provisions of paragraph 7.1 are effective on the date of entry of the Final <br />Judgment on Consent. The continuing effect of paragraph 7.1 is expressly conditioned on <br />Target's full payment of the amounts due under this Final Judgment on Consent, <br />7.6. Paragraph 7.1 does not limit the ability of the People to enforce the terms of this Final <br />Judgment on Consent. <br />9 <br />Permanent Injunction on Consent in People v. Target Corporation <br />