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Furthermore, the Equipment Manufacturers maintain that <br /> according to the express terms of the Consent Decree, there is no <br /> incentive for the Settling Parties, particularly Plaintiff LPL, <br /> to monitor costs aggressively, make cost-effective choices <br /> regarding the cleanup of the Site, or have any concern whatsoever <br /> for limiting the Equipment Manufacturers' potential liability. <br /> The Consent Decree is, in effect, a blank check written in favor <br /> of Plaintiff LPL that also gives Plaintiff LPL the right to <br /> attempt to recover costs in the future from Equipment <br /> Manufacturers, without giving them meaningful input into the <br /> process that will generate those multi-million dollar costs. <br /> For these reasons, and in particular the proposed Finding by <br /> this Court that all costs spent implementing the Consent Decree <br /> are a priori "consistent with the National Contingency Plan" , the <br /> Equipment Manufacturers maintain that the Consent Decree, in its <br /> present form, cannot constitute a good faith settlement and <br /> should not be entered by the this Court. <br /> The following paragraphs will set forth the Equipment <br /> Manufacturers ' comments. The order in which comments appear <br /> corresponds to the order in which sections appear in the Consent <br /> Decree. <br /> U\16207\031\5000MDCG.002 <br /> -2- <br />