ARCHIVED REPORTS_VOLUNTARY CLEANUP AGREEMENT

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20. Reservation of Rights. DTSC reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponents reserve all of their statutory and regulatory rights, defenses and remedies available to Proponents under applicable laws. 21. Non-Admission of Liability. By entering into this Agreement, Proponents does not admit to any finding of fact or conclusion of law set forth in this Agreement or any fault or liability under applicable laws. 22. Proponents Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponents' past, current, or future operations or ownership of the Site. 23. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by Proponents or by related parties in carrying out activities pursuant to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponents or its agents in carrying out the activities pursuant to this Agreement. 24. Third Party Actions. In the event that Proponents are a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponents shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponents shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas. 25. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California. 26. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining provisions of the Agreement. 27. Parties Bound. This Agreement applies to and is binding, jointly and severally, upon Proponents and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Proponents shall ensure that their contractors, subcontractors and agents receive a copy of this Agreement and comply with this Agreement. 28. Effective Date. The effective date of this Agreement is the date of signature by DTSC's authorized representative after this Agreement is first signed by Proponents' authorized representative. Except as otherwise specified, "days" means calendar days. 6 Voluntary Cleanup Agreement March 2015