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11 10 11 12 13 subcontractors retained to do work for Defendants; and separate and independent violations arising out of matters or allegations that are not set forth in the Complaint, whether known or unknown. 12. Reserved CIaims also include any administrative action under Chapter 6.11 of the Health and Safety Code. 13. However, this Judgment does not include claims or causes of action against Defendants for performance of cleanup, corrective action, or response action for any actual past or future releases, spills, or disposals of hazardous waste and/or substances for which any Defendant is a responsible party or otherwise liable. In any subsequent action that may be brought by the People based on any claim not resolved herein, Defendants agree that they will not assert that failing to pursue such a claim as part of this action constitutes claim -splitting, laches or is otherwise inequitable or precluded 1 because the claim should have been brought as part of this action. 14. Nothing in this Final Judgment is intended nor shall it be construed to preclude the 1 People, or any state, county, city, or local agency, department, board or entity, or any UPA from 14 exercising its authority under any law, statute or regulation. Furthermore, nothing in this Final 15 Judgment shall be construed to excuse Defendants from compliance with any applicable statutes, 1611 regulations, local ordinances or permitting requirements or any other law or applicable requirement. 15. Defendants covenant not to pursue any civil or administrative claims against the 18 People or against any agency of the State of California, or any county or city in the State of California, 19 or any CUPA, Participating Agency or local agency (collectively, "Agencies"), or against any of their officers, employees, representatives, agents, or attorneys, arising out of or related to any Covered 2111 Matter and arising before entry of this Final Judgment; provided, however, that if any Agencies initiate claims against Defendants, Defendants retain any and all rights and defenses against such Agencies. NO WAIVER OF RIGHT TO ENFORCE 16. The failure of the People to enforce any provision of this Final Judgment shall neither 26 be deemed a waiver of such provision nor in any way affect the validity of this Final Judgment. Except 27 as expressly provided in this Final Judgment, the failure of the People to enforce any such provision 2811 shall not preclude them from later enforcing the same or any other provision of this Final Judgment, 17 Hassan & Sons, Inc., et al. [Proposed] Final Judgment and permanent Injunction