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I May 28, 2009, through the date of entry of the Judgment (Covered Matters). Except for any
<br /> 2 actions that maybe necessary to enforce this Stipulation and Judgment, the State Water Board
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<br /> 3 agrees not to sue or pursue any further civil claims against the Defendants for the Covered
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<br /> 4 Matters.
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<br /> 5 6. A"Reserved Claim" is any claim, violation, or cause of action that is not a Covered
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<br /> 6 Matter. Reserved Claims include,but are not limited to: (1) any violation that occurs after the
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<br /> 7 date of entry of the Judgment, including any claim,violation, or cause of action against
<br /> 8 Defendants and each of their respective officers, directors, agents, employees, contractors,
<br /> 9 consultants representatives, successors assigns, receivers trustees and all persons, partnerships
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<br /> 10 corporations, and other entities acting under, on behalf of, or in concert with Defendants; and (2)
<br /> 11 any claim, violation, or cause of action for performance of or lack of performance of cleanup,
<br /> 12 corrective action, or response action concerning or arising out of a past or future release, spill,
<br /> 13 leak, emission, escape, leach,disposal, or discharge at or from any of the Covered Facilities
<br /> 14 against.Defendants and each of their respective officers, directors, agents, employees, contractors,
<br /> 15 consultants, representatives, successors, assigns, receivers, trustees, and all persons,partnerships,
<br /> 16 corporations, and other entities acting under, on behalf of, or in concert with Defendants. The
<br /> 17 State Water Board reserves the right to pursue any Reserved Claim. In any subsequent action that
<br /> 18 may be brought by the State Water Board to enforce any Reserved Claim, Defendants,
<br /> 19 collectively or individually, shall not assert,plead, or raise against the State Water Board in any
<br /> 20 fashion any defense, avoidance, or claim for relief based on splitting of claims.
<br /> 21 7. Nothing in this Stipulation and Judgment shall preclude the State Water Board,
<br /> 22 Certified Uniform Program Agency(CUPA), or any agency with jurisdiction, on or after the date
<br /> 23 of entry of the Judgment, from taking any action or issuing any requirement or order that
<br /> 24 Defendants shall investigate and/or remediate suspected or actual environmental harm, including,
<br /> 25 but not limited to, a release, spill, leak, emission, escape, leach, disposal, or discharge at or from
<br /> 26 any of the Covered Facilities as required under the California Health and Safety Code, division 20,
<br /> 27 chapter 6.7, and California Code of Regulations, title 23, section 2610 et seq., and any other
<br /> 28 applicable laws, regulations, or ordinances. Furthermore, neither the allegations in the First
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<br /> Stipulation for Entry of Final Consent Judgment(Case No.34-2014-00164107)
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