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Consequently, Equipment Manufacturers maintain that the Consent <br /> Decree should expressly prohibit the Plaintiff LPL from <br /> attempting to seek any double recovery. <br /> Section RVI Consistency With NCP <br /> Pane 25 Lines 23-27 <br /> This section states that (i) the Settling Parties agree <br /> and (ii) the Court finds that all costs incurred in undertaking <br /> the activities required by the Consent Decree or performing, <br /> overseeing, or monitoring the performance of the Work are <br /> "necessary and consistent with the NCP. " <br /> Since the Work contemplated not been completed (or even <br /> substantially initiated) and the Proposed Remedial Action Plan <br /> has not been developed, it is impossible at this point for the <br /> Settling Parties and/or the Court to find that future activities <br /> and work are necessary and consistent with the NCP. This entire <br /> section must be deleted from the Consent Decree. <br /> Section RIR Assignment of Claims <br /> Page 27, Lines 1-12 <br /> Under this section the Settling Dry Cleaning Defendants <br /> and the County of San Joaquin assign to Plaintiff LPL all rights, <br /> claims, and causes of action, etc. In order for the Court to <br /> make a good faith settlement determination, a monetary value must <br /> be placed upon these assignments of claims, the value must be <br /> included in the total settlement amount, and disclosed to the <br /> Court and the non-settling parties. This issue is addressed in <br /> greater detail below under the comments to Section XXIX. <br /> LA\16207\031%5OCOHOCG.002 <br /> -11- <br />