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I Exhibit C to the Stipulation, and alleged by the State Water Board in the First Amended
<br /> 2 Complaint under the California Health and Safety Code, division 20, chapter 6.7, and California
<br /> 3 Code of Regulations, title 23, section 2610 et seq. against any Defendant as an owner or operator
<br /> 4 of the Covered Facilities during the periods of ownership and operation by any Defendant from
<br /> 5 May 28, 2009, through the date of entry of the Judgment (Covered Matters). Except for any
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<br /> 6 actions that may be necessary to enforce the Stipulation and Judgment, the State Water Board
<br /> 7 agrees not to sue or pursue any further civil claims against the Defendants for the Covered
<br /> 8 Matters.
<br /> 9 6. A"Reserved Claim" is any claim, violation, or cause of action that is not a Covered
<br /> 10 Matter. Reserved Claims include, but are not limited to: (1) any violation that occurs after the
<br /> 11 date of entry of the Judgment, including any claim, violation, or cause of action against
<br /> 12 Defendants and each of their respective officers, directors, agents, employees, contractors,
<br /> 13 consultants, representatives, successors, assigns, receivers, trustees, and all persons,partnerships,
<br /> 14 corporations, and other entities acting under, on behalf of, or in concert with Defendants; and (2)
<br /> 15 any claim,violation, or cause of action for performance of.or lack of performance of cleanup,
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<br /> 16 corrective action, or response action concerning or arising out of a past or future release, spill,
<br /> 17 - leak, emission, escape,leach, disposal, or discharge at or from any of the Covered Facilities
<br /> 18 against Defendants and each of their respective officers, directors, agents, employees, contractors,
<br /> 19 consultants, representatives, successors, assigns, receivers, trustees, and all persons, partnerships,
<br /> 20 corporations, and other entities acting under, on behalf of, or,in concert with Defendants. The
<br /> 21 State Water Board reserves the right to pursue any Reserved Claim. In any subsequent action that
<br /> 22 may be brought by the State Water Board to enforce any Reserved Claim, Defendants,
<br /> 23 collectively or individually, shall not assert, plead, or raise against the State Water Board in any
<br /> 24 fashion any defense, avoidance, or claim for relief based on splitting of claims.
<br /> 25 7. Nothing in the Stipulation and Judgment shall preclude the State Water Board,
<br /> 26 Certified Uniform Program Agency (CUPA), or any agency with jurisdiction, on or after the date
<br /> 27 of entry of the Judgment, from taking any action or issuing any requirement or order that
<br /> 28 Defendants shall investigate and/or remediate suspected or actual environmental harm, including,
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<br /> Final Consent Judgment(Case No.34-2014-00164107)
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