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<br />May 28, 2009, through the date of entry of the Judgment (Covered Matters). Except for any
<br />actions that maybe necessary to enforce this Stipulation and Judgment, the State Water Board
<br />agrees not to sue or pursue any further civil claims against the Defendants for the Covered
<br />Matters.
<br />6. A "Reserved Claim" is any claim, violation, or cause of action that is not a Covered
<br />Matter. Reserved Claims include, but are not limited to: (1) any violation that occurs after the
<br />date of entry of the Judgment, including any claim, violation, or cause of action against
<br />Defendants and each of their respective officers, directors, agents, employees, contractors,
<br />consultants, representatives, successors, assigns, receivers, trustees, and all persons, partnerships,
<br />corporations, and other entities acting under, on behalf of, or in concert with Defendants; and (2)
<br />any claim, violation, or cause of action for performance of or lack of performance of cleanup,
<br />corrective action, or response action concerning or arising out of a past or future release, spill,
<br />leak, emission, escape, leach, disposal, or discharge at or from any of the Covered Facilities
<br />against. Defendants and each of their respective officers, directors, agents, employees, contractors,
<br />consultants, representatives, successors, assigns, receivers, trustees, and all persons, partnerships,
<br />corporations, and other entities acting under, on behalf of, or in concert with Defendants. The
<br />State Water Board reserves the right to pursue any Reserved Claim. In any subsequent action that
<br />may be brought by the State Water Board to enforce any Reserved Claim, Defendants,
<br />collectively or individually, shall not assert, plead, or raise against the State Water Board in any
<br />fashion any defense, avoidance, or claim for relief based on splitting of claims.
<br />7. Nothing in this Stipulation and Judgment shall preclude the State Water Board,
<br />Certified Uniform Program Agency (CUPA), or any agency with jurisdiction, on or after the date
<br />of entry of the Judgment, from taking any action or issuing any requirement or order that
<br />Defendants shall investigate and/or remediate suspected or actual environmental harm, including,
<br />but not limited to, a release, spill, leak, emission, escape, leach, disposal, or discharge at or from
<br />any of the Covered Facilities as required under the California Health and Safety Code, division 20,
<br />chapter 6.7, and California Code of Regulations, title 23, section 2610 et seq., and any other
<br />applicable laws, regulations, or ordinances. Furthermore, neither the allegations in the First
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<br />Stipulation for Entry of Final Consent Judgment (Case No. 34-2014-00164107 )
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