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16.2. DTSC reserves the right to disapprove of work performed by Respondent <br /> pursuant to this Consent Agreement and to request that Respondent perform additional <br /> tasks. <br /> 16.3. DTSC reserves the right to perform any portion of the work consented to <br /> herein or any additional site characterization, feasibility study, and/or remedial actions it <br /> deems necessary to protect human health and/or the environment. DTSC may exercise <br /> its authority under any applicable state or federal law or regulation to undertake <br /> response actions at any time. DTSC reserves its right to seek reimbursement from <br /> Respondent for costs incurred by the State of California with respect to such actions. <br /> DTSC will notify Respondent in writing as soon as practicable regarding the decision to <br /> perform any work described in this section. <br /> 16.4. If DTSC determines that activities in compliance or noncompliance with <br /> this Consent Agreement have caused or may cause a release of hazardous waste <br /> and/or hazardous waste constituents, or a threat to human health and/or the <br /> environment, or that Respondent is not capable of undertaking any of the work required, <br /> DTSC may order Respondent to stop further implementation of this Consent Agreement <br /> for such period of time as DTSC determines may be needed to abate any such release <br /> or threat and/or to undertake any action which DTSC determines is necessary to abate <br /> such release or threat. The deadlines for any actions required of Respondent under this <br /> Consent Agreement affected by the order to stop work shall be extended to take into <br /> account DTSC's actions. <br /> 16.5. This Consent Agreement is not intended to be nor shall it be construed to <br /> be a permit. This Consent Agreement is not a substitute for, and does not preclude <br /> DTSC from requiring, any hazardous waste facility permit, post closure permit, closure <br /> plan or post closure plan. The parties acknowledge and agree that DTSC's approval of <br /> any workplan, plan, and/or specification does not constitute a warranty or representation <br /> that the workplans, plans, and/or specifications will achieve the required cleanup or <br /> performance standards. Compliance by Respondent with the terms of this Consent <br /> Agreement shall not relieve Respondent of its obligations to comply with the Health and <br /> Safety Code or any other applicable local, state, or federal law or regulation. <br /> OTHER CLAIMS <br /> 17. Except as provided in this Consent Agreement, nothing in this Consent <br /> Agreement shall constitute or be construed as a release by DTSC or Respondent from <br /> any claim, cause of action, or demand in law or equity against any person, firm, <br /> partnership, or corporation for any liability it may have arising out of or relating in any <br /> way to the generation, storage, treatment, handling, transportation, release, or disposal <br /> of any hazardous constituents, hazardous substances, hazardous wastes, pollutants, or <br /> contaminants found at, taken to, or taken or migrating from the Facility. <br /> 10 <br />