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<br />1 <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 />2.3 <br />24 <br />25 <br />26 <br />27 <br />28 <br /> <br />past or future releases, spills, or disposals of hazardous waste or hazardous substances that were <br />caused or contributed to by Defendant at-pr from any of Defendant's Covered Facilities and <br />Enjoined Facilities, but are not included as "Covered Matters." <br /> <br />6.5, In any subsequent action that may be brought by the People based on nay <br />Reserved Claim, CLS agrees to not asSert that failing to pursue any Reserved Claim as part of <br />this action constitutes claim-splitting, This .Paingraph does not affect any statute of limitations, if <br />any; which may be applicable to any Reserved. Claim or any 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 Claim or any claims <br />otherwise excluded from this Final Judgment. <br /> <br />6,4. Any claim byCLS andior Affiliates of CLS, civil or administrative, against the <br />People or against any agency of the State of California, or any county or city in the State of <br />California, or any CUPA, Participating Agency or local agency (collectively "Agencies"), or <br />against any of their officers, employee's, representatives, agents or attorneys, arising out of or <br />related to .any Covered Matter are herd)) merged into and extinguished by this Final Judgment; <br />provided, however, that if any Agencies initiate claims against CLS .arid/or Affiliates of CLS, <br />Defendant shall retain any and all righis and defenses against such Agencies. <br />6,5, hi the event litigation is filed by an entity that is not a party to this action against <br />Defendant and/or Affiliates of CLS arising out of or related to a Coveted Matter, Defendant may, <br />within thirty (30) days following serviet of such litigation, notify the People of such litigation <br />Upon such timely notice, the People may undertake a good faith effort to determine whetherthe <br />subsequent litigation is barred by the tôrms of this Final Judgment and the principle of res <br />judicata. If the People determine that :he subsequent litigation is barred by the terms of this <br />Final Judgment and the principle of req jurticata, the People may appear in person or in writing <br />in such subsequent litigation to explain the Peoples view of the effect of this Final Judgment on <br />Melt litigation and the People will not oppose Defendant in arguing that the subsequent. litigation <br />is 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 /> <br />20 <br /> <br />STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION <br />