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1 Exhibit C to the Stipulation, and alleged by the State Water Board in the First Amended
<br />2 Complaint under the California Health and Safety Code, division 20, chapter 6.7, and California
<br />3 Code of Regulations, title 23, section 2610 et seq. against any Defendant as an owner or operator
<br />4 of the Covered Facilities during the periods of ownership and operation by any Defendant from
<br />5 May 28, 2009, through the date of entry of the Judgment (Covered Matters). Except for any
<br />6 actions that may be necessary to enforce the Stipulation and Judgment, the State Water Board
<br />7 agrees not to sue or pursue any further civil claims against the Defendants for the Covered
<br />8 Matters.
<br />9 6. A "Reserved Claim" is any claim, violation, or cause of action that is not a Covered
<br />10 Matter. Reserved Claims include,'but are not limited to: (1) any violation that occurs after the
<br />11 date of entry of the Judgment, including any claim, violation, or cause of action against
<br />12 Defendants and each of their respective officers, directors, agents, employees, contractors,
<br />13 consultants, representatives, successors, assigns, receivers, trustees, and all persons, partnerships,
<br />14 corporations, and other entities acting under, on behalf of, or in concert with Defendants; and (2)
<br />15 any claim, violation, or cause of action for performance of or lack of performance of cleanup,
<br />16 corrective action, or response action concerning or arising out of a past or future release, spill,
<br />17 leak, emission, escape, leach, disposal, or discharge at or from any of the Covered Facilities
<br />18 against Defendants and each of their respective officers, directors, agents, employees, contractors,
<br />19 consultants, representatives, successors, assigns, receivers, trustees, and all persons, partnerships,
<br />20 corporations, and other entities acting under, on behalf of, or in concert with Defendants. The,
<br />21 State Water Board reserves the right to pursue any Reserved Claim. In any subsequent action that
<br />22 may be brought by the State Water Board to enforce any Reserved Claim, Defendants,
<br />23 collectively or individually, shall not assert, plead, or raise against the State Water Board in any
<br />24 fashion any defense, avoidance, or claim for relief based on splitting of claims.
<br />25 7. Nothing in the Stipulation and Judgment shall preclude the State Water Board,
<br />26 Certified Uniform Program Agency (CUPA), or any agency with jurisdiction, on or after the date
<br />27 of entry of the Judgment, from taking any action or issuing any requirement or order that
<br />28 Defendants shall investigate and/or remediate suspected or actual environmental harm, including,
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<br />Final Consent Judgment (Case No. 34-2014-00164107)
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