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2� 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 however, that in any subsequent action that may be brought by Plaintiff to enforce any Reserved Claims, Defendants, collectively or individually, shall not assert, plead or raise against Plaintiff in any fashion any defense or avoidance based on splitting of claims. 20. As used herein, "Covered Parties" means Defendants, collectively and individually, and the other entities to whom this Stipulation and the Final Judgment entered in this action is applicable pursuant to Paragraph 2 above. 21. As used herein, "Covered Matters" means any and all claims, violations, or causes of action that could have been asserted by the People based on the allegations that are the subject of the Complaint under Chapters 6.5, 6.7 and 695 of Division 20 of the California Health & Safety Code and related regulations, county codes, local ordinances, permits or orders (except as provided below) for civil liability against any Defendant as an owner or operator of the Released Facilities for acts, omissions, or events on or pertaining to the Released Facilities during periods of ownership or operation by any of the named Defendants up to the Effective Date of the Final Judgment entered in this action; and any civil claims under the California Business and Professions Code that are derived from the foregoing, up to the Effective Date of the Final Judgment entered in this action; provided, however, that "Covered Matters" specifically excludes any claims under Paragraphs 131k., and 13.11. of the Complaint, and other releases and/or disposal of hazardous waste, hazardous material, hazardous substance, pollutant or designated contaminant which was not known by Plaintiff as of the Effective Date of the Final Judgment in this action, and provided further that Defendants preserve any and all defenses to such claims, including but not limited to defenses based on statutes of limitation. For purposes of the exclusion in the previous sentence, Plaintiff will be deemed to have known of a claim under Paragraph 13.kk., or 13.11. of the Complaint if prior to August 1, 2011, either (a) a CUPA or the relevant regulatory authority was on notice of a release, spill, leak, disposal or discharge at the service station facility in question, and Plaintiff receives notice pursuant to Paragraph 16, or (b) a CUPA or the relevant regulatory authority had opened an environmental case regarding the service station facility in question, and Plaintiff receives notice pursuant to Paragraph 16. Further, as used herein, "Covered Matters" shall not preclude, on or after the Effective Date of the 17 Stipulation for Entry of Final Judgment and Permanent Injunction