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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />any claims that the People may assert against any independent contractors or subcontractors of <br />the Rite Aid Facilities or the Former Rite Aid Facilities for violations of applicable laws by such <br />parties. The People reserve the right to pursue any Reserved Claim, and Defendant reserves its <br />defenses against any Reserved Claim. <br />7.2 Any claims or causes of action by the People against Defendant for performance of <br />cleanup, corrective action, or response action for any actual past or future release, spill, or <br />disposal of any hazardous waste, hazardous substance, hazardous material, universal waste, <br />sharps waste, pharmaceutical waste, or photo waste with silver that is caused or contributed to by <br />the Defendant at or from its California Facilities, and any claims or causes of action by the People <br />for performance of cleanup, corrective action, or response action relating to Defendant's disposal <br />of same that are discovered by the People after execution of this Agreement are Reserved Claims. <br />7.3 In any subsequent action that may be brought by the People based on any Reserved <br />Claim, Defendant agrees that it will not assert that failing to pursue the Reserved Claims as part <br />of this action constitutes claim-splitting. This Paragraph does not affect any statute of limitations, <br />if any, which may be applicable to any Reserved Claim or claims otherwise excluded from this <br />Final Judgment and does not prohibit Defendant from asserting any statute of limitations or other <br />legal or equitable defenses that may be applicable to any Reserved Claims. <br />7.4 In the event litigation is filed by an entity that is not a party to this action against <br />Defendant or any affiliates arising out of or related to a Covered Matter, Defendant inay, within <br />thirty (30) days following service of such litigation, notify the People of such litigation. Upon <br />such timely notice, the People will undertake a good faith effort to determine whether the <br />subsequent litigation is barred by the teams of this Final Judgment and the principle of res <br />judicata. If the People determine that the subsequent litigation is barred by the terms of this Final <br />Judgment and the principle of res judicata, the People may appear in person or in writing in such <br />subsequent litigation to explain the People's view of the effect of this Final Judgment on such <br />litigation and the People will not oppose Defendant in arguing that the subsequent litigation is <br />barred by the principle of res judicata. No language in this Paragraph will preclude Defendant <br />from asserting in any subsequent litigation any and all applicable legal and equitable defenses <br />10 <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION