Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <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 />11 20. As used herein, "Covered Parties" means Defendants, collectively and individually, and <br />the other entities to whom this Final Judgment is applicable pursuant to Paragraph 2 above. <br />21. As used herein, "Covered Matters" means any claims under Chapters 6.5, 6.7 and 6.95 of <br />Division 20 of the California Health & Safety Code and related regulations (except as provided <br />below) for civil or administrative liability against any Defendant as an owner or operator of the <br />Released Facilities for acts, omissions; or events on or pertaining to the Released Facilities during <br />periods of ownership or operation by any Defendant up to the effective date of this Final <br />Judgment; any such claims under state, county or local ordinances or under permits issued by the <br />State or any County related to the installation, operation, modification, repair or removal of a <br />UST or the management of hazardous wastes or materials; and any such claims under the <br />California Business and Professions Code that are derived from any of those requirements. The <br />"Covered Matters" include all such violations; provided, however, that the "Covered Matters" <br />specifically exclude any claims under Paragraphs l l.aaa., and l l .bbb. of the Complaint which <br />were not known by Plaintiff as of the date of entry of this Final Judgment, and provided further <br />that Defendants preserve any and all defenses to such claims, including but not limited to <br />defenses based on statutes of limitation. For purposes of the exclusion in the previous sentence, <br />Plaintiff will be deemed to have known of a claim under Paragraph l l.aaa., or l 1.bbb. of the <br />Complaint prior to the date of entry of this Final Judgment if, at any time prior to the date of entry <br />of the Final Judgment, either (a) the CUPA or the relevant regulatory authority was on notice of a <br />release, spill, leak or discharge at the service station facility in question, or (b) the CUPA or the <br />relevant regulatory authority had opened an environmental case at the service station facility in <br />question. As used herein, "Covered Matters" shall not preclude after the date of entry of this <br />Final Judgment the issuance of any requirement or order that Defendants shall investigate and/or <br />remediate a release, spill, leak, or discharge, or investigate a suspected release, spill, leak, or <br />discharge at any of the Released Facilities; and this Final Judgment shall not constrain claims, <br />causes of action, enforcement or corrective action orders that have been or may be filed or issued <br />for any violation of a requirement concerning the investigation and/or remediation of a release or <br />suspected release at any of the Released Facilities. <br />16 <br />Final Judgment and Injunction <br />