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Proponents or by related parties in carrying out activities pursuant to this Agreement, nor <br /> shall the State of California be held as a party to any contract entered into by the <br /> Proponents or their agents in carrying out the activities pursuant to this Agreement. <br /> 3.23 Reservation of Rights. DTSC and the Proponents reserve the following <br /> rights. <br /> 3.23.1 DTSC reserves its right to pursue cost recovery under the Comprehensive <br /> Environmental Response, Compensation and Liability act of 1980 (CERCLA), as amended, <br /> the California Health and Safety Code section 25360, and any other applicable section of <br /> the law. <br /> 3.23.2 Nothing in this Agreement is intended or shall be construed to limit or <br /> preclude DTSC from taking any action authorized by law or equity to protect public health <br /> and safety or the environment and recovering the costs thereof. <br /> 3.23.3 Nothing in this Agreement shall constitute or be construed as a waiver of <br /> the Proponents' rights, (including any covenant not to sue or release) with respect to any <br /> claim, cause of action, or demand in law or equity that the Proponents may have against <br /> any "person", as defined in Section 101(21) of CERCLA, or Health and Safety Code <br /> section 25319, that is not a signatory to this Agreement. <br /> 3.23.4 By entering into this Agreement, Proponents do not admit to any fact, fault <br /> or liability under any statute or regulation. <br /> 3.23.5 DTSC maintains the exclusive right to administer and enforce this <br /> Agreement as against the Proponents. No other persons are intended to be third party <br /> beneficiaries of this Agreement. <br /> 3.24 Compliance with Applicable Laws. Nothing in this Agreement shall relieve <br /> the Proponents from complying with all applicable laws and regulations, and the <br /> Proponents shall conform all actions required by this Agreement with all applicable federal, <br /> state and local laws and regulations. <br /> 3.25 California Law. This Agreement shall be governed, performed and interpreted <br /> under the laws of the State of California. <br /> 3.26 Severability. If any portion of this Agreement is ultimately determined not to <br /> be enforceable, that portion will be severed from the Agreement and the severability shall <br /> not affect the enforceability of the remaining terms of the Agreement. <br /> 8 <br />