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1 known or unknown, suspected or unsuspected, foreseen or unforeseen, arising from or on account
<br />2 of acts or omissions of Defendants, and each of their respective officers, directors, agents,
<br />3 employees, contractors, consultants, representatives, successors, assigns, receivers, trustees, and
<br />4 all persons, partnerships, corporations, and other entities acting under, on behalf of, or in concert
<br />5 with Defendants, in carrying out activities pursuant to this Stipulation and Judgment. In addition,
<br />6 Defendants shall pay the Indemnified Parties all costs incurred, including, but not limited to,
<br />7 attorney fees and other expenses of litigation and settlement arising from or on account of acts or
<br />8 omissions of Defendants, and each of their respective officers, directors, agents, employees,
<br />9 contractors, consultants, representatives, successors, assigns, receivers, trustees, and all persons,
<br />10 partnerships, corporations, and other entities acting under, on behalf of, or in concert with
<br />11 Defendants in carrying out the activities pursuant to this Stipulation and Judgment.
<br />12 COSTS AND FEES
<br />13 33. Each Party shall bear its own attorney fees, costs, and expenses in connection with
<br />14 this matter, except as provided in this paragraph and under the section titled Indemnification in
<br />15 this Stipulation and Judgment. If Defendants fail to perform any obligation or pay any liability or
<br />16 civil penalty imposed under this Stipulation and Judgment, in accordance with Government Code
<br />17 section 12513.1, Defendants shall be required to pay, in addition to that liability or civil penalty,
<br />18 interest, reasonable attorney fees, and costs for collection or enforcement proceedings to enforce
<br />19 the payment or obligation.
<br />20 COMPLIANCE WITH FUTURE LAWS
<br />21 34. This Stipulation and Judgment shall not excuse Defendants from meeting more
<br />22 stringent or additional requirements relating to the ownership, leasing, and operation of
<br />23 underground storage tank facilities in the State of California, which may be imposed hereafter by
<br />24 changes in applicable laws, statutes, regulations, and ordinances.
<br />25 RELEASE
<br />26 35. Defendants shall and do release, discharge, and covenant not to sue the State Water
<br />27 Board, the State of California, or any of their employees, including each and every constituent
<br />28 agency, board, department, office, commission, fund, or other entity thereof, and successors and
<br />18
<br />Stipulation for Entry of Final Consent Judgment (Case No. 34-2014-00164107)
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