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j f <br /> tea_ <br /> 1 Contamination. <br /> 2 (c) The parties acknowledge that they may hereafter discover facts <br /> 3 different from or in addition to those now known or believed to be true regarding the <br /> 4 subject matter of the above and agree that this Judgment shall remain in full force and <br /> s effect, notwithstanding the existence of any such different or additional facts. The parties <br /> 6 to this Judgment, and each of them, hereby waive any and all rights which they have or <br /> 7 may have under the provisions of Section 1542 of the Civil Code as now worded and as <br /> 8 hereafter amended, which section presently reads as follows: <br /> 9 "A GENERAL RELEASE DOES NOT EXTEND TO ANY CLAIMS <br /> WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO <br /> 10 EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE <br /> RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY <br /> 11 AFFECTED HIS SETTLEMENT WITH THE DEBTOR." <br /> 12 (d) The mutual release and covenant not to sue shall be limited to a <br /> 13 release of, and covenant not to sue regarding, any and all claims relating to, or arising <br /> 14 out of the Contamination only and shall not release any party to the Judgment of either <br /> 15 duties undertaken pursuant to the Judgment or rights and/or defenses provided by the <br /> 16 Judgment, including those limitations on Texaco and Chevron's indemnity obligation as <br /> 17 set forth in paragraph 9 above. The mutual release and covenant not to sue shall not <br /> 18 cover and does not preclude any future claims, (not arising out of the Plaintiffs' claim in <br /> 19 Oliver, et al. v. Southern Pacific Transportation et al. San Joaquin Court No. 245459) <br /> 20 that SP may assert against Chevron and/or Texaco relating to or arising out of the <br /> 21 Contamination of the SP Right of Way. <br /> 22 (e) The mutual release and covenant not to sue stated in this Section <br /> 23 shall be binding upon, and inure to the benefit of, Dividend Development Corporation, <br /> 24 among others, as one of the persons or entities within the scope of subparagraphs (a) <br /> 25 and (b) above. <br /> 26 11. RECOVERY OF REMEDIATION AND OTHER COSTS. Subject to <br /> 27 confirmation that Plaintiffs incurred costs of for purposes of investigating and <br /> 28 remediating the Subject Property, which costs were over and above the costs which would <br /> L <br /> WAFlE a FRE1DENFAQ/ For rawWa For Tm= <br /> Consent Judgment and Decree For : — <br /> ..""".. Ake" DMTnum rkw a For SP. <br /> o°w�,a E Div.Trw PWDWL — 10 <br />