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I additional penalties consistent with the provisions of this Final Judgment. Unless otherwise set
<br /> 2 forth herein, nothing in this Final Judgment shall limit any rights of the People to seek any other
<br /> 3 relief or remedies provided by law, or limit the rights of Defendant to defend against any request
<br /> 4 of the People for such other relief or remedies.
<br /> 5 7. MATTERS COVERED BY THIS FINAL JUDGMENT
<br /> 6 7.1 This Final Judgment is a final and binding resolution and settlement of all claims,
<br /> 7 violations or causes of action expressly alleged by the People in the Complaint, or claims that
<br /> 8 could have been asserted within the scope of the allegations set forth in the Complaint("Covered
<br /> 9 Matters"), against Defendant and its subsidiaries and affiliates, and each of their subsidiaries,
<br /> 10 affiliates, California Facilities, successors, heirs, assigns, and each of their respective officers,
<br /> 11 directors, shareholders,partners, employees, agents, representatives,members, managing
<br /> 12 members, managers, property owners, and facility operators ("Entities Covered by Final
<br /> 13 Judgment"). The People further covenant not to sue the Entities Covered by Final Judgment for
<br /> 14 any Covered Matter. Any claim, violation, or cause of action that is not a Covered Matter is a
<br /> 15 "Reserved Claim." Reserved Claims include, without limitation, any violation that occurs after
<br /> 16 the Court's entry of this Final Judgment. The People reserve the right to pursue any Reserved
<br /> 17 Claim, and Defendant reserves its defenses against any Reserved Claim.
<br /> 18 7.2 Any claims or causes of action by the People against Defendant for performance of
<br /> 19 cleanup, corrective action, or response action for any actual past or future release, spill, or
<br /> 20 disposal of hazardous waste or hazardous substances,universal waste, sharps waste,
<br /> 21 pharmaceutical waste, or photo waste with silver, or any other material, substance, or waste,that
<br /> 22 is caused or contributed to by Defendant at or from its California Facilities, and any claims or
<br /> 23 causes of action for perfonnance of cleanup, corrective action, or response action relating to
<br /> 24 Defendant's disposal of the sarne that are discovered by the People after execution of this
<br /> 25 Agreement are Reserved Claims. For purposes of this Final Judgment, the terns"release"
<br /> 26 includes, but is not limited to, any spilling, leaking,pumping, injecting, escaping, leaching,
<br /> 27 dumping, or disposing into the environment.
<br /> 28
<br /> 11
<br /> STIPULATION FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION
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