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I listed in Exhibits A-1 and A-2 and as to Defendants,their successors and assigns,and their officers 2 and employees,and shall be known as "Covered Matters." Any claim,violation, or cause of action 3 that is not a Covered Matter is a"Reserved Claim." Reserved Claims include,without limitation, 4 any unknown violation, any violation that occurs after the filing of this Final Judgment, and any 5 claim,violation,or cause of action against Defendants' independent contractors or subcontractors. 6 6.2. Reserved Claims also include any claims or causes of action against Defendants for 7 performance of cleanup, corrective actions, or responsive actions for any actual past or future 8 releases or spills into the environment, or disposals at a point not authorized by law of hazardous 9 waste or hazardous substances that were caused or contributed to by Defendants at or from any of 10 Defendants' Facilities. 11 6.3. In any subsequent action that may be brought by the People based on any Reserved 12 Claim, Defendants cannot assert that failing to pursue any Reserved Claim as part of this action 13 constitutes claim-splitting. 14 6.4. Any claims by Defendants, civil or administrative, against the People or against any 15 agency of the State of California,or any county or city in the State of California, or any CUPA, 16 Participating Agency or local agency (collectively, "Agencies"), or against any of their officers, 17 employees,representatives, agents, or attorneys, arising out of or related to any Covered Matter and 18 that exists as of the date of filing this Final Judgment are hereby merged into and extinguished by 19 this Final Judgment; provided,however,that if any Agencies initiate claims against Defendants, 20 Defendants retain any and all rights and defenses against such Agencies. 21 7. EFFECT OF FINAL JUDGMENT 22 Except as expressly provided in this Final Judgment,nothing in this Final Judgment is 23 intended,nor shall it be construed,to preclude the People or any state, county, city or local agency, 24 department,board, or CUPA from exercising its authority under any law, statute,or regulation. 25 8. NO WAIVER OF RIGHT TO ENFORCE 26 The failure of the People to enforce any provision of this Final Judgment shall neither be 27 deemed a waiver of such provision nor in any way affect the validity of this Final Judgment. The 28 failure of the People to enforce any such provision shall not preclude them from later enforcing the - 10- STTPTTT,ATTON FOR ENTRY OF FINAL JUDGMENT AND PERMANENT INJUNCTION