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RESERVATION OF RIGHT <br />19.1. The Department reserves all of its statutory and regulatory powers, <br />authorities, rights, and remedies, which may pertain to Respondent's failure to comply <br />with any of the requirements of this Consent Agreement. Respondent reserves all of its <br />statutory and regulatory rights, defenses and remedies, as they may arise under this <br />Consent Agreement. This Consent Agreement shall not be construed as a covenant <br />not to sue, release, waiver, or limitation on any powers, authorities, rights, or remedies, <br />civil or criminal, that the Department or Respondent may have under any laws, <br />regulations or common law. <br />19.2. The Department reserves the right to disapprove of work performed by <br />Respondent pursuant to this Consent Agreement and to request that Respondent <br />perform additional tasks. <br />19.3. The Department reserves the right to perform any portion of the work <br />consented to herein or any additional site characterization, feasibility study, and/or <br />remedial actions it deems necessary to protect human health and/or the environment. <br />The Department may exercise its authority under any applicable state or federal law or <br />regulation to undertake response actions at any time. The Department reserves its right <br />to seek reimbursement from Respondent for costs incurred by the State of California <br />with respect to such actions. The Department will notify Respondent in writing as soon <br />as practicable regarding the decision to perform any work described in this section. <br />19.4. If the Department determines that activities in compliance or <br />noncompliance with this Consent Agreement have caused or may cause a release of <br />hazardous waste and/or hazardous waste constituents, or a threat to human health <br />and/or the environment, or that Respondent is not capable of undertaking any of the <br />work required, the Department may order Respondent to stop further implementation of <br />this Consent Agreement for such period of time as the Department determines may be <br />needed to abate any such release or threat and/or to undertake any action which the <br />Department determines is necessary to abate such release or threat. The deadlines for <br />LODI CHROME Docket SRPD RPDD06/07SCC-4378 <br />CORRECTIVE ACTION CONSENT AGREEMENT <br />15 <br />