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1 Final Judgment; any claim, violation,or cause of action against Defendant's independent contractors <br /> 2 or subcontractors; and separate and independent violations arising out of matters or allegations that <br /> 3 are not set forth in the Complaint, whether known or unknown. Reserved Claims also include any <br /> 4 claims or causes of action against Defendant for performance of cleanup, corrective action,or <br /> 5 response action for any actual past or future releases, spills, or disposals of hazardous waste or <br /> 6 hazardous substances that were caused or contributed to by Defendant at or from any of Defendant's <br /> 7 PC/HC Facilities. <br /> 8 6.3. In any subsequent action that may be brought by the People based on any Reserved <br /> 9 Claim,Defendant cannot assert that failing to pursue any Reserved Claim as part of this action <br /> 10 constitutes claim-splitting. This paragraph does not affect any statute of limitations, if any, which <br /> 11 may be applicable to any Reserved Claim, and does not prohibit Defendant from asserting any statute <br /> 12 of limitations or other legal or equitable defenses that may be applicable to any Reserved Claim. <br /> 13 6.4. Defendant covenants not to pursue any civil or administrative claims against the <br /> 14 People or against any agency of the State of California,or any county or city in the State of <br /> 15 California, or any CUPA, Participating Agency or local agency(collectively, "Agencies"), or against <br /> 16 any of their officers, employees,representatives, agents, or attorneys, arising out of or related to any <br /> 17 Covered Matter and arising before entry of this Final Judgment; provided, however, that if any <br /> 18 Agencies initiate claims against Defendant, Defendant retains any and all rights and defenses against <br /> 19 such Agencies. <br /> 20 7. EFFECT OF FINAL JUDGMENT <br /> 21 Except as expressly provided in this Final Judgment, nothing in this Final Judgment is <br /> 22 intended, nor shall it be construed,to preclude the People or any state, county, city or local agency, <br /> 23 department,board, or CUPA from exercising its authority under any law, statute, or regulation. <br /> 24 8. NO WAIVER OF RIGHT TO ENFORCE <br /> 25 The failure of the People to enforce any provision of this Final Judgment shall neither be <br /> 26 deemed a waiver of such provision nor in any way affect the validity of this Final Judgment. The <br /> 27 failure of the People to enforce any such provision shall not preclude them from later enforcing the <br /> 28 same or any other provision of this Final Judgment. Except as expressly provided in this Final <br /> - 13— <br /> CTinT n n Trrr„r ren rw.m.r�r r\r rt`r.• r.m...rr.m ..m n++... ..^•• ••••••••"^-^• <br />