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2 <br />3 <br />4 <br />1Z <br />6 <br />7 <br />8 <br />9 <br />10 <br />11' <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />causes of action for performance of cleanup, corrective action, or response action concerning or <br />arising out of actual past or future releases, spills, leaks, discharges or disposal of motor vehicle <br />fuels, hazardous wastes, or hazardous substances caused or contributed to by Flying J's <br />California Facilities; or claims or causes of action relating to the disposal of hazardous wastes or <br />hazardous substances that are unknown to the People as of August 21, 2008, are not.Covered <br />II Matters and are Reserved Claims. <br />7.4. In any. subsequent action that may be brought by the People based on any <br />Reserved Claims, Flying J agrees that it will not assert that failing to pursue the Reserved Claims <br />as part of this action constitutes claim -splitting, laches or is otherwise inequitable because of this <br />failure. This Paragraph does not prohibit Flying J from asserting any statute of limitations that <br />may be applicable to any Reserved Claims or any other defense. <br />7.5- The provisions of Paragraph 7 1. are effective on the date of the entry of the <br />Consent Judgment. The continuing effect of Paragraph 7 1. is expressly conditioned on Flying <br />J's full payment of the amounts due under the Consent Judgment. <br />7.6. Paragraph 7 1 shall not bar the People's right to enforce the terms of the Consent <br />Judgment. <br />77 Flying J covenants not to pursue any civil or administrative claims against the <br />People or against any agencies of the State of California, any counties in the State of California <br />or any CUPA, or against their officers, employees, representatives, agents or attorneys arising <br />out of or related to any Covered Matter up to and including August 21, 2008. <br />8. NOTICE <br />All submissions and notices required by this Consent Judgment shall be sent to; <br />For the People: <br />Janill L. Richards <br />Deputy Attorney General <br />Office of the Attorney General <br />1515 Clay Street, 20" Floor <br />P.O. Box 70550 <br />Oakland, California 94612-0550 <br />CONSENT JUDGMENT <br />16 <br />