I known or unknown, suspected or unsuspected,foreseen or unforeseen, arising from or on account
<br /> 2 of acts or omissions of Defendants, and each of their respective officers, directors, agents,
<br /> 3 employees, contractors, consultants, representatives, successors, assigns, receivers, trustees,and
<br /> 4 all persons, partnerships, corporations, and other entities acting under, on behalf of, or in concert
<br /> 5 with Defendants, in carrying out activities pursuant to the Stipulation and Judgment. In addition,
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<br /> 6 Defendants shall pay the Indemnified Parties all costs incurred, including, but not limited to,
<br /> I
<br /> 7 attorney fees and other expenses of litigation and settlement arising from or on account of acts or
<br /> 8 omissions of Defendants, and each of their respective officers, directors, agents, employees,
<br /> 9. contractors, consultants, representatives, successors, assigns, receivers, trustees, and all persons,
<br /> 10 partnerships, corporations, and other entities acting under, on behalf of, or in concert with
<br /> 11 Defendants in carrying out the activities pursuant to the Stipulation and Judgment.
<br /> 12 COSTS AND FEES
<br /> 13 33. Each Party shall bear its own attorney fees, costs, and expenses in connection with
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<br /> 14 this matter, except as provided in this paragraph and under the section titled Indemnification in j
<br /> 15 the Stipulation and Judgment. If Defendants fail to perform any obligation or pay any liability or
<br /> 16 civil penalty imposed under the Stipulation and Judgment, in accordance with Government Code
<br /> 17 section 12513.1, Defendants shall be required to pay, in addition to that liability or civil penalty,
<br /> 18 interest, reasonable attorney fees, and costs for collection or enforcement proceedings to enforce
<br /> 19 the payment or obligation.
<br /> 20 COMPLIANCE WITH FUTURE LAWS
<br /> 21 34. The Stipulation and Judgment shall not excuse Defendants from meeting more
<br /> 22 stringent or additional requirements relating to the ownership, leasing, and operation of
<br /> 23 underground storage tank facilities in the State of California, which may be imposed hereafter by
<br /> 24 changes in applicable laws, statutes, regulations, and ordinances.
<br /> 25 RELEASE
<br /> 26 35. Defendants shall and do release, discharge, and covenant not to sue the State Water
<br /> 27 Board, the State of California, or any of their employees, including each and every constituent
<br /> 28 agency, board, department, office, commission, fund, or other entity thereof, and successors and
<br /> 18
<br /> Final Consent Judgment(Case No. 34-2014-00164107)
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