Laserfiche WebLink
2 <br />4 <br />5 <br />6 <br />7 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />NO WAIVER OF RIGHT TO ENFORCE <br />18, The failure of Plaintiff to enforce any provision of this Stipulation or the Final Judgment <br />entered in this action shall in no way be deemed a waiver of such provision, or in any way affect <br />the validity of this Stipulation or the Final Judgment. The failure of Plaintiff to enforce any such <br />provision shall not preclude Plaintiff from later enforcing the same or any other provision of this <br />Stipulation or the Final Judgment during the period that provision of the Final Judgment remains <br />in effect, No oral advice, guidance, suggestions.or comments by employees or officials of any <br />Party regarding matters covered in this Stipulation or the Final Judgment entered in this action <br />shall be construed to relieve any Party of its obligations required by the Final Judgment. <br />MATTERS RESOLVED BY THE FINAL JUDGMENT <br />19. The Final Judgment to be entered in this action pursuant to this Stipulation is a final and <br />binding resolution and settlement as to the Covered Parties and the Covered Matters as defined <br />below. Except for the obligations of Defendants that are expressly set forth in this Stipulation and <br />the Final Judgment entered in this action, Plaintiff hereby covenants not to sue or pursue any <br />further civil claims against the Covered Parties for the Covered Matters. Any claim, violation, or <br />cause of action that is not a Covered Matter is a "Reserved Claim." Reserved Claims include, <br />without limitation, (1) any violation of the injunctive provisions of the Final Judgment entered in <br />this action; (2) any violation that occurs after the Effective Date of the Final Judgment; (3) all of <br />the claims under Paragraphs 26 and 27 of the First Amended Complaint For Preliminary and <br />Permanent Injunction, Civil Penalties and Other Equitable Relief filed in the matter of People v, <br />Chevron Corporation et al., San Joaquin County Superior Court; Case No. 39 -2009 -00226884 - <br />CU -TT -STK, provided that such claims are directly related to the Covered Parties' handling and <br />management of FMA 86 and FM -186-2 products and associated wastes; (4) all of the claims <br />existing in the action of People v. Union Oil, et al., Sacramento County Superior Court, Case No. <br />03AS0542; (5) any claim, violation, or cause of action directly against Defendants' independent <br />contractors or subcontractors except as provided in Paragraph 2; and (6) any claim under state or <br />federal law for cleanup of contamination. The Parties reserve the right to pursue any Reserved <br />Claim and reserve the right to assert any defenses against any Reserved Claim; provided, <br />]6 <br />Stipulation for Entry of Final Judgment and Permanent injunction <br />