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<br />known or unknown, suspected or unsuspected, foreseen or unforeseen, arising from or on account
<br />of acts or omissions of Defendants, and each of their respective officers, directors, agents,
<br />employees, contractors, consultants, representatives, successors, assigns, receivers, trustees, and
<br />all persons, partnerships, corporations, and other entities acting under, on behalf of, or in concert
<br />with Defendants, in carrying out activities pursuant to the Stipulation and Judgment. In addition,
<br />Defendants shall pay the Indemnified Parties all costs incurred, including, but not limited to,
<br />attorney fees and other expenses of litigation and settlement arising from or on account of acts or
<br />omissions of Defendants, and each of their respective officers, directors, agents, employees,
<br />contractors, consultants, representatives, successors, assigns, receivers, trustees, and all persons,
<br />partnerships, corporations, and other entities acting under, on behalf of, or in concert with
<br />Defendants in carrying out the activities pursuant to the Stipulation and Judgment.
<br />COSTS AND FEES
<br />33. Each Party shall bear its own attorney fees, costs, and expenses in connection with
<br />this matter, except as provided in this paragraph and under the section titled Indemnification in
<br />the Stipulation and Judgment. If Defendants fail to perform any obligation or pay any liability or
<br />civil penalty imposed under the Stipulation and Judgment, in accordance with Government Code
<br />section 12513.1, Defendants shall be required to pay, in addition to that liability or civil penalty,
<br />interest, reasonable attorney fees, and costs for collection or enforcement proceedings to enforce
<br />the payment or obligation.
<br />COMPLIANCE WITH FUTURE LAWS
<br />34. The Stipulation and Judgment shall not excuse Defendants from meeting more
<br />stringent or additional requirements relating to the ownership, leasing, and operation of
<br />underground storage tank facilities in the State of California, which may be imposed hereafter by
<br />changes in applicable laws, statutes, regulations, and ordinances.
<br />RELEASE
<br />35. Defendants shall and do release, discharge, and covenant not to sue the State Water
<br />Board, the State of California, or any of their employees, including each and every constituent
<br />agency, board, department, office, commission, fund, or other entity thereof, and successors and
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<br />Final Consent Judgment (Case No. 34-2014-00164107)
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