Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <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 />H. EFFECT OF CONSENT JUDGMENT <br />1. Except as expressly .provided in this Consent Judgment, nothing herein is <br />nor shall it be construed, to preclude the People, or any state, county, or local agency, <br />board or entity, or any CUPA, from exercising its authority under any law, statute, or regulation. <br />I. MATTERS COVERED AND RESERVED CLAIMS <br />1 This Consent Judgment is a final and binding resolution and settlement of all <br />claims, violations, and causes of action alleged by the People against UHC in the First Amended <br />Complaint through the date of entry of this Consent Judgment and of all claims, violations, or <br />causes of action, which could have been asserted by the People based on the allegations that are <br />the subject of the First Amended Complaint, against UHC its officers, employees, agents, and <br />attorneys. The matters described in the previous sentence are "Covered Matters." The People <br />reserve the right to pursue any claim, violation, or cause of action that is not a Covered Matter <br />("Reserved Claims"). Claims, violations, or causes of action against independent contractors .of <br />UHC, if any, are not resolved by this Consent Judgment. <br />2. Any claims, violations, or causes of action that are not based on the allegations of <br />the First Amended Complaint against UHC, including but not limited to any alleged violations <br />that occurred after the date of entry of this Consent Judgment, are not resolved, settled, or <br />covered by this Consent Judgment. <br />3. Notwithstanding any other provision of this Consent Judgment, Reserved Claims <br />include any claims or causes of action for: a) performance of cleanup, corrective action, <br />response, or cost recovery actions concerning or arising out of actual past or future releases, <br />spills, leaks, discharges or disposal of hazardous materials, hazardous wastes, and/or hazardous <br />substances; and b) claims or causes of action relating to the disposal of hazardous materials, <br />hazardous wastes, and/or hazardous substances, by UHC, where such disposal is unknown to the <br />People as of the date of entry of this Consent Judgment. <br />4. In any subsequent action that may be brought in the name of the People based on <br />any Reserved Claim(s), UHC agrees that it will not assert that the failure to pursue the Reserved <br />Claims as part of this action constitutes claim -splitting, laches or is otherwise inequitable <br />10 <br />STIPULA'T'ION FOR ENTRY OF FINAL JUDGMENT ON CONSENT <br />