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I appropriate means for a non-party to the Permanent Injunction or the Consent Decree to obtain <br /> 2 discovery as to separate claims. To the extent such invoices become relevant in the course of <br /> 3 subsequent litigation, those documents will be readily available to them in the normal course of <br /> 4 discovery. <br /> 5 Finally, the Commenters' purported request that the Court order sanctions for <br /> 6 failing to forward invoices to the non-party Equipment Manufacturers is not properly the subject <br /> 7 for a public comment and is both inappropriate and without foundation in the law. Should the <br /> 8 Equipment Manufacturers wish to make such a motion,the Equipment Manufacturers should <br /> 9 present the motion to the Federal Court in accord with the relevant rules of federal civil procedure <br /> 10 and the local rules of court. <br /> 11 Comment#14: <br /> 12 Section Addressed: Section VII, Site Technical Coordinators <br /> 13 Page 10, Lines 5-16 <br /> 14 Summary of Comment Received: <br /> 15 The Commenters,the Equipment Manufacturers, assert that the minimum limits of <br /> 16 liability insurance to be maintained by the Site Project Manager as required in Section VII on <br /> 17 page 10, lines 5-16 of the Consent Decree are excessive and will result in unnecessarily high <br /> 18 premiums. The Commenter requests that the specific premiums that the Site Project Manager <br /> 19 will be required to pay be fully disclosed. The Commenter proposes that, if the minimum liability <br /> 20 limits are deemed necessary,the Site Project Manager should be required to self insure to <br /> 21 1 minimize costs. <br /> 22 Settling Parties' Response: <br /> 23 The Settling Parties respond that the negotiations regarding the minimum limits of <br /> 24 liability to be maintained by the Site Project Manager were extensively and hotly contested with <br /> 25 the respective Settling Parties adopting widely divergent views as to appropriate levels of <br /> 26 insurance protection. The ultimate compromise that is contained in the Consent Decree reflects <br /> 27 the consensus reached by the Settling Parties after heated debate and a recognition that, in a site of <br /> 28 this size and geotechnical complexity, actions taken by the Site Project Manager could <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -21- <br /> 0009203.10 10/03/94 @ 10:43 AM <br />