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3.22 Government Liabilities. The State of California (State) shall not be liable for <br /> any injuries or damages to persons or property resulting from acts or omissions by the <br /> Proponent or by related parties in carrying.out activities pursuant to this Agreement, nor <br /> shall the State of California be held as a party to any contract entered into by the <br /> Proponent or its agents in carrying out the activities pursuant to this Agreement. <br /> 3.23 Third Party Actions. In the event that the Proponent is a party to any suit or <br /> claim for damages or contribution relating to the Site to which DTSC is not a party, the <br /> Proponent shall notify DTSC in writing within ten (10)days after service of the complaint in <br /> the third-party action. Proponent shall pay all costs incurred by DTSC relating to such <br /> third-party actions, including but not limited to responding to subpoenas. <br /> 3.24 Reservation of Rights. DTSC and the Proponent reserve the following rights. <br /> 3.24.1 DTSC reserves its right to pursue cost recovery under the Comprehensive <br /> Environmental Response, Compensation and Liability act of 1980 (CERCLA), as <br /> amended, the California Health and Safety Code section 25360, and any other applicable <br /> section of the law. <br /> 3.24.2 Nothing in this Agreement is intended or shall be construed to limit or <br /> preclude DTSC from taking any action authorized by law or equity to protect public health <br /> and safety or the environment and recovering the costs thereof. <br /> 3.24.3 Nothing in this Agreement shall constitute or be construed as a waiver of the <br /> Proponent's rights, (including any covenant not to sue or release)with respect to any claim, <br /> cause of action, or demand in law or equity that the Proponent may have against any <br /> "person", as defined in Section 101(21) of CERCLA, or Health and Safety Code section <br /> 25319, that is not a signatory to this Agreement. <br /> 10 <br />