COMPLIANCE INFO_2019 - Laserfiche WebLink

Home Browse Search

I I past or future releases,skills, or dispo:;als of haZardoUS waste or hazardous substances that were 2 caused or aontrlbuted to by Defendant.at or from any of Defendant's Covered Facilities and 3 Enjoined Facilities, but are not ineludt.d as"Covered Matters." 4 6.1 In any subsequent action that may be brought by the People bmcd on mly 5 Reserved Claim, CLS agrees to not asirert that failing to pursue any Reserved Claim m part of 6 this notion d:onst:ltutes clam-splitting. This Paxa$rapb does not affect any statute of limitations,i 7 auy, which may be applicable to any Rxsetved Claus)or,any claims otlterw#se wdcluded from this 8 Finial Jude netrt and does trot prohibit Defendant Froin assorting arty stututo of limitations or other 9 legal or equitable dofensem that may be applicable to any Reserved Claim or any claims 10 otherwise excluded from this Final Judgment. 11 .6.4. Any claim by CLS andior Affiliates of CLS, civil or administrative, against the 12 People or against any agency of the State of California,or nny county or city in tho State of 13 California, or any CUPA, Participat nf;Agency or local Agency (collectively"Agencies"),or 14 against any of their officers,ermployeos,representatives, agents or attorneys,arising out of or 15 related to any Covered Matter are hereb) inerged into and extinguished by this Final Judgment; 16 provided;However,that if any AgwrciOs initiate claims against CLS =Vor Affiliates of CLS, 17 Defendant shall retain any and all righi:s and d6viises against such Agmicies. 1.8 6.5, lit the event litigation:is f�.led by an etttlty that is riot a panty to this action against 19 Defendant and/or Affiliates of CL,S arising out of or related to a Covered Matter, Defendant inay, 20 within thirty(30)days folloNv-ing servi(,e of such litigation, notify the.people of such Hligation, 21 Upon such timely notice, the People miry undertake a good faith effort to determine whether the i 22 subsequent litigation is barred by the ti=B of this Final Judgment and the principle of res 23 jud'icala. if the People determine that::he ober quc n#litigation i5 barred 13.y the tenn8 of this 24 Final.Judgment and the principle of re,i judicam,the People may appear in person car in writing 25 in such subsequent litigation to explain the Peoples.viow of the elect of tiers Final Judgment on l 1 26 sttolr litlgatxan and the People will not Oppose Defewhmt in arguing flint the subsequent.litigation 27 is barred by the principle of res judicata. No language;in this paragraph will preolude Dafendant 28 from asserting in ally subsequent litigation any and all applicable legal and equitable defenses I 20 STIPULATION FOR ENTRY OF FINAL.JUDGMENT AND PERMANENT INJUNMON i f r I