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1 been extinguished by the settlement. Plaintiff LPL will assert the claims for contribution which it <br /> 2 received in assignment as consideration for the settlement of both this action and the related state <br /> 3 court action and which are, by their very definition, equitable allocations of liability among jointly <br /> 4 and severally liable parties. Accordingly, any allocation among the claims settled or extinguished <br /> 5 by this settlement is both inappropriate and irrelevant to this proceeding. To the extent that the <br /> 6 issue of allocation among claims is relevant, if at all, and the Equipment Manufacturers wish to <br /> 7 challenge their liability for a portion or all of these settled claims, that challenge should be made at <br /> 8 the time those claims are pursued against the Equipment Manufacturers. <br /> 9 IV. CONCLUSION <br /> 10 In conclusion, the Settling Parties respectfully submit the foregoing Joint Summary <br /> I 1 of Public Comments &Responses Thereto Regarding the First Final Consent Decree, Order, <br /> 12 Judgment and Reference To Special Master which comprises the entirety of the Settling Parties' <br /> 13 responses to the public comments received during the public comment period. In addition, in an <br /> 14 effort to provide the Court with an absolutely complete record of the public responses, the Settling <br /> 15 Parties have attached, as Exhibit A, true and correct copies of all substantive public comments <br /> 16 received. In addition,the Settling Parties propose to amend the First Final Consent Decree in <br /> 17 accord with Comment#4 by substituting an Amended Page 24 in the form attached hereto as <br /> 18 Exhibit B. <br /> 19 <br /> 20 FOR THE SETTLING PARTIES: <br /> 21 <br /> Plaintiff and Counterdefendant, SETTLING DRY CLEANING <br /> 22 LINCOLN PROPERTIES, LTD., DEFENDANTS <br /> 23 a California limited partnership <br /> 24 <br /> 25 By: By: <br /> Michael C. Donovan, Esq. Patrick D. Riddle, Esq. <br /> 26 Counsel for Plaintiff and Counterdefendant Dry-Cleaning Defendants Remedial <br /> Lincoln Properties, Ltd. Liaison Counsel <br /> 27 Dated: Dated: <br /> 28 <br /> JOINT SUMMARY OF PUBLIC COMMENTS&RESPONSES REGARDING FIRST FINAL CONSENT DECREE -35- <br /> 0009203.10 10/03/94 @a 10:43 AM <br />