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Section XX_Ijjl Mutual Releases and Covenants Not to Sue <br /> Page 34 Line 23 to Page 35. Line 22 <br /> This section of the Consent Decree indicates that the <br /> Uniform Contribution Among Tortfeasors Act ("UCTA") shall govern <br /> the effects of the releases of Claims in this action under CERCLA <br /> and RCRA. This section continues to state that the Uniform <br /> Comparative Fault Act ("UCFA") shall govern the effects of the <br /> releases of contribution claims under CERCLA and contribution <br /> claims, if any, under RCRA. <br /> The Settling Parties should not be allowed to <br /> unilaterally mandate that either the UCTA or UCFA govern a <br /> specific provision of the Consent Decree but not other <br /> provisions. The determination regarding whether ,the UTCA or UCFA <br /> applies to a certain section of the Consent Decree should be made <br /> by the Court after all parties have had an opportunity to brief <br /> the issue under the unique facts of this case. <br /> Section RRIR Good Faith Settlement <br /> Page 38 Lines 12-24 <br /> Equipment Manufacturers anticipate that the Settling <br /> Parties will argue that the Consent Decree represents a good <br /> faith settlement because Settling Dry Cleaning Defendants are <br /> agreeing to undertake all work necessary to address contamination <br /> at Lincoln Center. However, absent detailed information <br /> delineating the financial basis for the settlement, the mere fact <br /> that investigation and remediation will be performed is <br /> insufficient to conclude, as a matter of law, that the settlement <br /> is made in "good faith. " The Equipment Manufacturers are not <br /> LA\16207\037\5000MDCG.002 <br /> -12- <br />