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I Secondly, the Settling Parties further respond that Chevron should not be unduly <br /> 2 concerned with the nature and scope of the contribution protection which would be accorded to the <br /> 3 Settling Parties. Contribution is the equitable right of a jointly and severally liable party to <br /> 4 allocate that liability among all other jointly and severally liable parties. In short, since there has <br /> 5 been no known release of PCE, TCE or other dry cleaning solvents from Chevron's retail site, <br /> 6 Chevron is=jointly and severally liable for the contamination resulting from the dry cleaning <br /> 7 operations at the Site. Accordingly, Chevron has no apparent contribution claims to be barred. <br /> 8 To further clarify,the Settling Parties respond that any claims that Chevron might <br /> 9 have which are unrelated to those resolved by the Consent Decree (i.e. personal injury, loss of <br /> 10 value of their leasehold or lost profits claims) are direct claims not subject to, or barred by, the <br /> 11 contribution protection which would result from this settlement and the Court's entry of this <br /> 12 Consent Decree. As for any claims that Chevron might assert for additional remedial <br /> 13 investigation or clean-up costs it has or may incur resulting solely from the migrating PCE and <br /> 14 TCE contamination, sections VI and XI of the Consent Decree already provide that the Settling <br /> 15 Dry Cleaning Defendants shall,at their sole cost,jointly and severally, fully, competently, and <br /> 16 timely perform the Work, non-exclusively including construction, operating, and maintaining any <br /> 17 interim removal or remedial action(s) and the final remedy and in all respects implementing the <br /> 18 requirements of the Permanent Injunction and this Consent Decree. Accordingly, the Settling <br /> 19 Dry Cleaning Defendants must, at their sole cost, investigate and remediate the Hazardous <br /> 20 Substance contamination at or emanating from the Site, wherever it may come to be located. In <br /> 21 short,to the extent that Chevron asserts that it may suffer incremental or augmented damages <br /> 22 resulting solely from the detected presence of solvent contamination in combination with the <br /> 23 hydrocarbon contamination, that portion of the investigation or remediation costs pertaining solely <br /> 24 to the dry cleaning solvent contamination will be covered under the Consent Decree and the <br /> 25 Settling Dry Cleaning Defendants are liable for those incremental investigation or clean-up <br /> 26 requirements or for their costs. To facilitate and expedite the timely and cost-effective remediation <br /> 27 of the Site,the Settling Parties urge Chevron to coordinate their efforts to remediate the petroleum <br /> 28 <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -10- <br /> 0009203.10 10/03/94 @ 10:43 AM <br />