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1 7.6 Defendant covenants not to sue or pursue any civil or administrative claims <br /> 2 against Plaintiff or agencies of the State of California, any counties of the State of <br /> 3 California or any Certified Unified Program Agency, Participating Agency or Unified <br /> 4 Program Agency as those terms are defined pursuant to Health and Safety Code section <br /> 5 25281(d)(1)(2) and (3), or their officers, employees, representatives, agents or attorneys <br /> 6 arising out of or related to any matter expressly addressed by this Consent Judgment, <br /> 7 except for the purpose of enforcing Plaintiff's obligations under this Consent Judgment. <br /> 8 7.7 Notwithstanding any other provision of the Consent Judgment, any claims or <br /> 9 causes of action of performance of cleanup, corrective action or response action, or claims <br /> 10 or causes of action for criminal penalties, civil penalties, damages, injunctive relief, or <br /> 11 recovery of response costs concerning or arising out of possible or actual past or future <br /> 12 releases, spills, leaks, discharges or disposal of hazardous wastes or hazardous substances <br /> 13 caused or contributed to by Defendant at locations at or around the Covered Facilities are <br /> 14 not resolved by this Consent Judgment, and such claims or causes of action are reserved by <br /> 15 the People of the State of California. <br /> 16 7.8 Except as provided by this Consent Judgment, the Parties reserve the right to <br /> 17 pursue any claims not covered by this Consent Judgment and reserve any and all defenses <br /> 18 to such reserved claims. <br /> 19 S. NOTICE <br /> 20 All submissions and notices required by this Consent Judgment shall be sent to: <br /> 21 For Plaintiff: <br /> 22 Matt Bogoshian, Esq. <br /> Deputy District Attorney <br /> 23 Environmental Prosecution Unit <br /> Office of the District Attorney, Monterey County <br /> 24 1200 Aguajito Road, Room 301 <br /> Monterey, California 93940, <br /> 25 <br /> 26 <br /> 27 <br /> 28 <br /> -9- <br /> 324/017851-0005 CONSENT AGREEMENT AND STIPULATION FOR <br /> 645783.01 a09/27/05 ENTRY OF FINAL JUDGMENT <br />