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I unknown violation, any violation that occurs after the filing of this Final Judgment and Permanent 2 Injunction and any claim,violation, or cause of action against Defendant's independent contractors or 3 subcontractors. 4 7.2 Reserved Claims also include any claims or causes of action against 5 Defendant for performance of cleanup,corrective action,or response action for any actual past or 6 future releases,spills,or disposals of hazardous waste or hazardous substances that were caused or 7 contributed to by Defendant at or from any of Defendant's Included Facilities but are not included as 8 Covered Matters. 9 7.3 In any subsequent action that may be brought by the People based on any 10 Reserved Claim,Defendant agrees that it will not assert that failing to pursue any Reserved Claim as 11 part of this action constitutes claim-splitting. 12 7.4 Any claims by Defendant, civil or administrative, against the People or 13 against any agency of the State of California,or any county or city in the State of California, or any 14 UPA,Participating Agency or local agency(collectively "Agencies"), or against any of their officers, 15 employees,representatives,agents or attorneys, arising out of or related to any Covered Matter are 16 hereby merged into and extinguished by this Final Judgment; provided,however,that if any Agencies i 17 initiate claims against Defendant,Defendant retains any and all rights and defenses against such i 18 Agencies,including but not limited to,the defense of res judicata. 19 7.5 Paragraph 7.1 does not limit the ability of the People to enforce the terms of E 20 this Final Judgment. 21 7.6 Any event that is beyond the control of Defendant and that prevents timely I 22 performance of any obligation under Paragraph 4 of this Final Judgment, despite its best efforts to i 23 fulfill that obligation,is a"force majeure" event. The requirement that Defendant exercise its"best 24 efforts to fulfill the obligation"includes the requirement that Defendant use its best efforts to 25 anticipate any potential force majeure event and use best efforts to address the effects of any potential i 26 force majeure event: (1)as it is occurring, and(2) following the force majeure event,such that the i 27 delay is minimized to the greatest extent feasible. "Force majeure"does not include financial 3 28 inability to fund or complete an obligation. i !3 S 13 STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION 1